Featured documents
Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
Most recent Practice notes
STOP PRESS: Abolition of non-dom regime and remittance basis of taxation from 2025–26 From 6 April 2025, the Finance Act 2025 abolishes the remittance basis of taxation and replaces it with a residence-based regime. The package introduces a new Foreign Income and Gains ( FIG) regime and updates the rules on overseas workday relief. For more on these changes, see Practice Note: The abolition of the remittance basis of taxation from 2025–26. FORTHCOMING CHANGE: As flagged at Autumn Budget 2024, the government commissioned an independent review of the loan charge. Announced on 23 January 2025, the review was to examine barriers preventing those subject to the loan charge, who have not already settled and paid their tax liabilities in full, from achieving resolution with HMRC, and to recommend how they might be encouraged to settle with HMRC (see News Analysis: Autumn Budget 2024—...
FORTHCOMING CHANGE: Following the Autumn Budget 2024, the government initiated an independent review into the loan charge. Launched on 23 January 2025, the review’s remit was to examine the obstacles preventing people within scope of the loan charge, who have not settled and paid their tax liabilities in full, from reaching agreement with HMRC, and to recommend measures to encourage settlement with HMRC (see News Analysis: Autumn Budget 2024— Independent review of the loan charge). To support this work, a call for evidence—directed at those still affected by the loan charge and their advisers—was issued on 28 March 2025. The Final Report, together with the government’s response, was released at Budget 2025 on 26 November 2025......
STOP PRESS: Abolition of non-dom regime and remittance basis of taxation from 2025–26 From 6 April 2025, the Finance Act 2025 abolishes the remittance basis of taxation and introduces a residence-based approach. The reforms include a new Foreign Income and Gains ( FIG) regime, alongside changes to overseas workday relief. For further details, see Practice Note: The abolition of the remittance basis of taxation from 2025–26. FORTHCOMING CHANGE: As set out at Autumn Budget 2024, the government commissioned an independent review of the loan charge. Announced on 23 January 2025, the review will consider barriers preventing those subject to the loan charge who have not settled and paid their tax liabilities in full from reaching resolution with HMRC, and will recommend ways to encourage settlement with HMRC (see News Analysis: Autumn Budget 2024— Independent review of the loan charge). To inform the review, a call for...
This Practice Note sets out the landscape of corporate governance expectations concerning executive director pay reporting and shareholder voting, as articulated and applied by the principal proxy advisers serving institutional investors across the market. It summarises the respective positions advanced by the IA, Pensions UK, Glass Lewis and PIRC. It also signposts other sources, including the GC100 and Investor Group, the QCA and the AIC, for reference. Recent debate over directors’ remuneration Pay awarded to quoted company executive directors faces unprecedented scrutiny from shareholders, the media and politicians. Alongside legislation and corporate governance rules on executive pay, proxy advisers including the Investment Association ( IA), Pensions UK (formerly PLSA), Institutional Shareholder Services ( ISS), Glass Lewis, the Local Authority Pension Fund Forum ( LAPFF) and Pensions & Investment Research Consultants Ltd ( PIRC) issue their own detailed frameworks on executive...
Observing good practice in relation to the remuneration of a company’s directors is an important aspect of corporate governance. At the heart of the UK’s governance framework sits the UK Corporate Governance Code ( UKCG Code), a key pillar of the corporate governance regime in the UK. The Financial Reporting Council ( FRC) oversees the Code and issues supporting guidance to accompany and supplement it. To satisfy specific UK Listing Rules ( UKLRs), any issuer with equity shares admitted to the equity shares (commercial companies) category, or to the closed-ended investment funds category, must apply the Code’s principles and, in its annual report and accounts, either comply with each provision or explain any departures on a comply or explain basis. Beyond this, numerous other companies voluntarily adopt the Code’s principles and follow the comply‑or‑explain approach under its provisions, even though they are not obliged to do so, and may...
STOP PRESS: On 29 July 2024, the UK listing framework underwent a major overhaul, removing the premium and standard listing segments and introducing a single listing category for equity shares in commercial companies. The commercial companies category is heavily disclosure-based and sits alongside other listing categories, such as the shell companies, secondary listings and closed ended investment fund categories. A new UK Listing Rules sourcebook came into force to give effect to these changes, and the previous Listing Rules sourcebook was revoked. For further information, see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note and the training slides reflect the listing regime as it stood prior to 29 July 2024. These training materials consist of template Power Point slides that can......
An offshore unauthorised property unit trust provides a means to hold UK real estate as an investment. These trusts are most often set up in the Channel Islands—typically Jersey or Guernsey—or in the Isle of Man, though they can also be constituted under the laws of another non- UK jurisdiction. This Practice Note describes such property unit trusts, wherever formed, as JPUTs (reflecting the prevalence of Jersey property unit trusts). For the purposes of this Practice Note, it is assumed that a JPUT holds UK real estate as an investment and not as trading stock. For an explanation of that distinction, see Practice Note: Dealing in property or property investment? Historically, JPUTs were favoured because UK real estate could be transferred into a JPUT without incurring stamp duty land tax ( SDLT). That treatment arose under a specific exemption called ‘seeding relief’, which was...
Property development sits at the heart of what everyone in the real estate industry does, from dedicated developers to owners improving their own investment assets. Projects may span light refurbishment and significant remodelling right through to ground‑up builds. Participants are mainly taxed under the ordinary regime, although certain rules are tailored specifically to development. Schemes may deliver commercial premises, dwellings, or mixed‑use outcomes, for example flats above shopfronts at pavement level. Many of the issues overlap across commercial and residential schemes, though material distinctions also arise. Any project must address indirect taxes alongside direct tax questions. This Practice Note examines direct tax matters that arise specifically on commercial land development. Its focus is the position of landowners developing their own sites, rather than contractors delivering works without a proprietary stake in the land. It also encompasses investors enhancing their holdings as well as...
This Practice Note This Practice Note offers a high-level overview of the data protection framework relevant to direct marketing, particularly how such activities may give rise to compliance obligations under the Assimilated Regulation ( EU) 2016/679, the United Kingdom General Data Protection Regulation ( UK GDPR), the Data Protection Act 2018 ( DPA 2018) and the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426. It is aimed at commercial organisations in the UK, with further, scenario-specific guidance signposted. The main difficulty in direct marketing is determining what the UK GDPR and PECR 2003 permit and whether consent is needed, which will differ according to the activity undertaken and the audience targeted. This Practice Note reflects the following ICO guidance: Direct marketing guidance Direct marketing using live calls Making live marketing calls about claims...
This How-to guide offers high-level, practical direction on direct marketing, with a particular emphasis on complying with the UK General Data Protection Regulation ( UK GDPR) and the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003). Further detail is set out in Practice Note: Direct marketing compliance. The guide outlines principal obligations for telephone marketing, postal marketing, email marketing and other electronic mail direct marketing. It also highlights the requirement to screen against the Mailing Preference Service or the Telephone Preference Service ( TPS). The guide incorporates direct marketing advice issued by the Information Commissioner’s Office ( ICO) on service messages, refer-a-friend initiatives, regulatory communications, market research including selling under the guise of research (sugging), tracking pixels, marketing lists, suppression lists and preference centres. It reflects the ICO’s: Direct marketing guidance, and Guidance on direct...
This Practice Note This Practice Note offers practical advice on direct marketing, with an emphasis on meeting the requirements of the United Kingdom General Data Protection Regulation ( UK GDPR) and the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003). It addresses telephone and postal marketing, email activity, and other forms of electronic mail marketing. It also clarifies when checks against the Mailing Preference Service ( MPS) or the Telephone Preference Service ( TPS) are necessary. Drawing on ICO direction, it considers service messages, refer-a-friend promotions, regulatory communications, market research (including ‘sugging’—selling under the guise of research), tracking pixels, marketing databases, suppression lists and preference centres. The core difficulty with direct marketing is working out how the UK GDPR and PECR 2003 interlock; what you may do depends on your chosen tactics and the audience you are...
Non- UK companies Some UK property owners choose to hold assets through a company incorporated and tax‑resident outside the UK (this Practice Note refers to such an entity as a non‑ UK company). There are a range of non‑tax motives for doing so, including, among others: commercial convenience regulatory considerations keeping details of ownership from entering the public domain; however, since 1 August 2022 the UK operates a Register of Overseas Entities that hold UK property, requiring disclosure of the beneficial owners of those overseas entities under the Economic Crime ( Transparency and Enforcement) Act 2022, which may, in practice, diminish this perceived benefit. For more information, see Practice Note: Register of overseas entities that hold UK property—fundamentals Tax is frequently a factor as well, and non‑ UK companies have historically offered a tax‑efficient vehicle for non‑ UK resident investors acquiring property. Such...
FORTHCOMING CHANGE relating to the future withdrawal of DST : Following OECD-led talks culminating in a political accord on the two-pillar solution in October 2021, the UK reached an arrangement with the US, Austria, France, Spain and Italy to move away from the DST towards the new global tax framework, using a transitional DST credit mechanism. Under this arrangement, the UK would retain all DST receipts until Pillar One becomes operational and, once Pillar One applies, companies could offset against future UK corporation tax the difference between DST paid from January 2022 and the amount that would have been due had Pillar One applied instead, as credit against their future UK corporation tax bill. In exchange, the US—regarding digital services taxes as discriminatory towards US businesses—agreed to withdraw proposed retaliatory tariffs on certain US imports from the other five countries, and pledged to refrain from...
FORTHCOMING CHANGE relating to the future withdrawal of DST : Following OECD-led talks that produced a political accord on a two‑pillar solution in October 2021, the UK reached an understanding with the US, Austria, France, Spain and Italy to move away from DST towards the new global tax regime, using a transitional DST credit system. Under the arrangement, the UK would retain DST receipts until Pillar One became operational and, once in force, companies could credit against future UK corporation tax the difference between DST paid from January 2022 and the amount that would have arisen had Pillar One applied instead. In exchange, the US, which regards digital services taxes as discriminatory towards US companies, agreed to withdraw proposed retaliatory tariffs on certain US imports from the other five countries, and undertook not to pursue additional trade measures against those states because of their...
The Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) The Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) seeks to establish a framework empowering the Competition and Markets Authority ( CMA) to oversee and boost competition across digital markets. For a chronology of legislative and policy activity around the UK’s revamp of competition law for digital markets since 2018, which culminated in the DMCCA 2024, see UK Digital Markets Competition regime—progress tracker. Set out below is the DMCCA 2024’s progress as it advances through the parliamentary process. 2025 30/10/2025 Government response to DCMS consultation on further changes to the Enterprise Act 2002 ( Mergers Involving Newspaper Enterprises and Foreign Powers) Regulations 2025 — Response published 16/07/2025 DCMS consultation on proposed further changes to the Enterprise Act 2002 ( Mergers Involving Newspaper Enterprises and Foreign Powers)...
Background This Practice Note presents a concise overview of the main themes for comparing the UK and EU approaches to competition in digital markets. Specifically, it examines the regulatory regimes created by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) and Regulation ( EU) 2022/1925 on contestable and fair markets in the digital sector, which amends Directive ( EU) 2019/1937 and Directive ( EU) 2020/1828, the EU Digital Markets Act ( EU DMA). What’s happening in the UK? Online platforms and digital advertising have faced intense regulatory attention across the UK, the EU and further afield, including the USA and Australia. Although digital markets can yield major gains for consumers and for wider economies, that scrutiny revealed weakened rivalry stemming from a small cohort of powerful digital businesses active in the market. In the UK, this led to demands for tougher...
Three parts of the UK have a devolved legislature and an executive. Yet the transfer of authority to each was not carried out uniformly, and a substantial area of the UK lacks any devolved legislature positioned between the UK government at Westminster and its citizens. This Practice Note outlines the background to these differing approaches, provides an overview of how powers are devolved, and explains how those powers are exercised. Why is there variation in the devolution of powers, and their exercise within the constitutional structure of the UK? To understand the UK’s present constitutional set-up, and the mechanics of devolution, it is necessary to place it within the history of the state’s formation and evolution. Great Britain was created in 1707 by the Acts of Union passed by the formerly independent nation states of England and Scotland. However, while the Acts produced a single...
This Practice Note offers practical guidance on the UK’s Developing Countries Trading Scheme ( DCTS), which supersedes the EU’s Generalised Scheme of Preferences ( GSP). It sets out which countries can benefit under the DCTS, the product scope, the applicable preferences, the specific rules of origin that must be met, and cumulation. Introduction On 19 June 2023, the UK’s DCTS came into effect. Previously, developing countries within the World Trade Organization ( WTO) enjoyed preferential entry to the European Union ( EU) market via the EU’s GSP. Under that scheme, eligible goods originating in developing countries received either full or partial reductions in customs duties. Whilst the UK was part of the EU, the GSP similarly applied to imports from developing countries into the UK. The DCTS now replaces the EU’s GSP for the UK, aiming to simplify arrangements while extending more generous...
This Practice Note offers hands-on guidance to help design proprietors secure the available protection, including strategic factors to weigh when defining the scope of a design portfolio. It addresses issues for registered and unregistered designs separately. Matters pertinent to both registered and unregistered designs are considered in the sections: Other considerations and Conclusion—top tips for effective protection of design rights below. Design protection in the UK In the UK, designs can be protected through several mechanisms. These rights are cumulative—multiple rights may exist concurrently in a design for the same product or article. UK registered designs (including re-registered designs and re-registered international designs) UK unregistered design right (also known as ‘design right’) supplementary unregistered design right ( SUD) Each right varies in qualifying criteria, scope, and length of protection. For further detail, see Practice Notes: UK registered and...
This tracker is designed to monitor the development of UK design judgments, legislative proposals and ongoing UK consultations, guidance and reports concerning designs. For details on EU design judgments, legislative initiatives and current EU consultations, guidance and reports on designs, see Practice Note: Designs tracker— EU. For archived material on designs, see Practice Notes: 2023–2024 [ Archived] and Designs tracker 2017–2022 [ Archived]. Legislation, consultations, guidance and reports For archived design legislation, see Practice Notes: 2023–2024 [ Archived]— Legislation, consultations, guidance and reports and Designs tracker 2017–2022 [ Archived]— Legislation. For archived design consultations, see Practice Notes: 2023–2024 [ Archived]— Legislation, consultations, guidance and reports and Designs tracker 2017–2022 [ Archived]— Consultations. To learn more about the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023), see Practice Note: Brexit legislation tracker, in particular the section: Retained EU Law (...
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
