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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
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This Practice Note introduces design law and outlines the range of UK design rights, both registered and unregistered, that right holders may invoke. For further details on registering designs and on dealings in designs, see: Design transactions and management—overview. For guidance on disputes, see: Design disputes—overview. What are design rights? Design rights safeguard the shape, configuration, or visual appearance of all or part of a product/article, as distinct from how it functions. The purpose of design law is to prevent others from producing items made to the design or generating the same overall impression as the original. This Practice Note summarises the different registered and unregistered design rights available to right holders in the UK. Design rights currently available in the UK The design rights currently available in the UK include: UK registered designs (including re-registered designs and re-registered international designs) UK...
This quick reference to the Brexit Deposit Guarantee Schemes Directive 2014/49/ EU ( EU DGSD) explains the UK enactments and retained EU measures that were altered and/or repealed by the Deposit Guarantee Scheme and Miscellaneous Provisions ( Amendment) ( EU Exit) Regulations 2018, SI 2018/1285, and by various other instruments, taking effect from the very end of the implementation period after the UK’s departure from the EU, together with matching updates to the Financial Conduct Authority ( FCA) and the Prudential Regulation Authority ( PRA) regulatory rules and guidance. Background: The UK’s Brexit preparations and the EU- UK trade agreement The SI sits within HM Treasury’s programme of statutory instruments made under the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), designed to address contingency planning for a no-deal Brexit. It constitutes part of the onshoring of EU law to preserve legal...
The process permits the removal of a non‑ British citizen from the UK and prevents their lawful return. Authority to deport is contained in sections 3 and 5 of the Immigration Act 1971 ( IA 1971) and sections 22–35 of the UK Borders Act 2007 ( UKBA 2007). These provisions provide the legal framework for such action. A deportation order has several consequences: it compels the person to leave the UK it automatically cancels any leave to enter or remain—whether granted before the order is made or while it stays in force it bars the person from re‑entering the UK unless, and until, the order is revoked The deportation process must be distinguished from administrative removal (see Practice Note: Administrative removal). Some deportation decisions give rise to a right of appeal. In other instances, the sole legal challenge may be by way of...
FORTHCOMING DEVELOPMENT 1 : Under section 10 of the Finance Act 2022, the normal minimum pension age ( NMPA) is scheduled to increase from 55 to 57 on 6 April 2028 (excluding members of the public service pension schemes for the firefighters, the police and the armed forces). The Act will also confer on members of registered pension schemes an explicit right to take benefits before age 57 where, on or before 4 November 2021, they either held an ‘unqualified right’ to take benefits, or were already in the process of a substantive transfer to a scheme offering an unqualified right to a protected pension age below 57 on or before 4 November 2021. To rely on this new 2028 protection, the relevant scheme’s rules must have included (on 11 February 2021) an unqualified right to take entitlement to scheme benefits before age 57. For...
FORTHCOMING DEVELOPMENT : On 8 September 2021, the Department for Work and Pensions ( DWP) issued a consultation on draft regulations that would (i) revise the notifiable events within the primary notifiable events regime (section 69, Pensions Act 2004 ( PA 2004)), and (ii) set out the categories of events to be caught by the secondary notifiable events regime (section 69A, PA 2004). In relation to the primary regime, the draft regulations propose two additional notifiable events where a decision in principle has been taken by the employer: the planned disposal by the employer of a material share of its business or assets; and the proposed granting or extension of relevant security over its assets, such that, on an employer insolvency, the secured creditor would take priority over the scheme for debt recovery. The draft regulations also provide for the removal of the...
This Practice Note surveys construction and engineering activity within the UK defence arena. It summarises the Ministry of Defence ( MOD)’s spending and procurement approach, the applicable public procurement regime, the Defence Reform Act 2014 ( DRA 2014) and Single Source Contract Regulations 2014 ( SSCR 2014), plus the deployment of standard form construction contracts. While the DRA 2014 and SSCR 2014 continue to underpin MOD procurement, the framework is shifting. The Procurement Act 2023 ( PA 2023), refreshed NEC4 frameworks, and enhanced sustainability and SME objectives signal a sustained focus on openness, value for money, and innovation across the defence estate. A significant reorganisation of UK defence commenced in 2025 through the Strategic Defence Review and Defence Reform programme. This Practice Note captures policy and legislative updates to October 2025, including developments under PA 2023, the MOD SME Action Plan...
An individual is treated as UK domiciled where, although they are domiciled outside the UK under the common law principles outlined in Practice Note: Domicile for UK tax purposes before 6 April 2025 [ Archived], a statutory rule nevertheless treats them as domiciled for one or more tax purposes. This Practice Note looks only at the deemed domicile provisions that came into force on 6 April 2017, and insofar as they apply to individuals. For details of the deemed domicile rules in place before that date, see Practice Note: Deemed domicile for tax before 6 April 2017 [ Archived]. In contrast to domicile at common law, deemed domicile is not inherited from parent to child. For information on the regime brought in by the Finance Act 2013 allowing a non- UK domiciled spouse or civil partner of a person domiciled in the UK to elect to be...
What does this Practice Note cover? The primary emphasis of this Practice Note is on debt securities (such as bonds or notes) and it provides an introduction to: trading, settlement and custody of debt securities in the UK, and the key UK regulatory frameworks that govern these activities This Practice Note also highlights the main categories of relevant service providers and summarises the UK regulatory frameworks applicable to them. For a quick summary of how the debt capital markets are regulated in the UK, see Practice Note: EU and UK regulation of the debt capital markets—one minute guide. For information on the debt securities market infrastructure in the EU, see Practice Note: EU Debt securities market infrastructure. Introduction The importance of tradeability of debt securities Tradeability is a fundamental attribute of debt securities. Investors’ ability to purchase and...
ARCHIVED: This Practice Note is archived and is not maintained. STOP PRESS: The UK prospectus framework formerly derived from the EU Prospectus Regulation has been superseded by the Public Offers and Admission to Trading Regulations 2024 ( POATRs), with detailed admission to trading requirements now set out in Financial Conduct Authority ( FCA) rules. The FCA published its final rules ( PS25/9) on 15 July 2025, and the new rules took effect on 19 January 2026. In October 2025, the FCA’s Primary Market Bulletin 58 provided guidance on timing and approval of prospectuses and supplementary prospectuses, and confirmed the removal of Listing Particulars as an admission document under the new regime. For key features of the POATRs relevant to debt capital markets, see The UK Prospectus Regulation—essentials [ Archived]— Reform of the UK prospectus regime. This Practice Note focuses on debt capital markets and reflects the rules...
What does this Practice Note cover? This Practice Note sets out a high-level introduction to the debt capital markets and covers: what is meant by the capital markets the nature of a debt security the main differences between debt and equity securities the main differences between raising finance in the debt capital markets and borrowing by way of loan debt capital markets terminology the types of instruments used in the debt capital markets What are the capital markets? When a company wants to obtain funds (ie ‘capital’), it generally has three principal routes. Where authorised, it may: issue shares (to raise share capital)—usually via the equity capital markets borrow from an institution such as a bank (to raise loan capital)—through the loan markets (see: Types of lending—overview), or issue debt...
STOP PRESS: The UK’s prospectus framework presently stems from the EU Prospectus Regulation, which was maintained in domestic law following Brexit as the UK Prospectus Regulation. As part of wider reforms to the UK capital markets aimed at boosting the UK’s appeal as a listing venue, the regime is being replaced. The UK Prospectus Regulation will give way to the Public Offers and Admission to Trading Regulations 2024 (the POATRs), with detailed admission to trading requirements set out in the Financial Conduct Authority ( FCA) admission rules. The FCA published its final rules ( PS25/9) on 15 July 2025, and these take effect on 19 January 2026. On 17 October 2025, the FCA issued Primary Market Bulletin 58 which, among other matters, provides guidance on the timing and approval of prospectuses (and supplementary prospectuses) and confirms the removal of Listing...
STOP PRESS: At present, the UK prospectus framework draws from the EU Prospectus Regulation, kept in domestic law after Brexit as the UK Prospectus Regulation. As part of wider capital markets reforms intended to strengthen the UK’s appeal as a listing destination, that regime is being reshaped. The UK Prospectus Regulation will be replaced by the Public Offers and Admission to Trading Regulations 2024 (the POATRs), while the detailed admission to trading requirements will be set out in Financial Conduct Authority ( FCA) admission rules. The FCA issued its final rules ( PS25/9) on 15 July 2025, with the new regime taking effect on 19 January 2026. On 17 October 2025, the FCA published Primary Market Bulletin 58 which, amongst other matters, provides guidance on the timing and approval of prospectuses (and supplementary prospectuses), and confirms the removal of Listing...
The rise of DC governance Driven by automatic enrolment (which obliges employers to provide some pension provision for their staff) and the expense and regulatory burden of defined benefit ( DB) arrangements, workplaces have increasingly shifted towards defined contribution ( DC) benefits. DC schemes deliver money purchase benefits, as set out in the Pension Schemes Act 1993, s 181 (see Practice Note: Money purchase benefits—the statutory definition). In contrast to DB schemes, DC arrangements fix the contributions paid by employers and employees, but the benefits themselves are not predetermined. Outcomes chiefly depend on the level of contributions from both parties, the investment performance of those contributions, and the scheme’s charges. For employers, costs are steadier and more predictable, because employees shoulder the risk that benefits may fall short if investments underperform. However, the DC workplace market’s development did not secure minimum quality...
This practice guidance specifically concerns trust-based workplace pension schemes offering defined benefits Statutory requirement for actuarial funding valuations Trustees of private‑sector defined benefit ( DB) workplace pension schemes that are registered with HMRC must, by law, carry out actuarial funding valuations no less than once every three years. The same obligation extends to any arrangement delivering defined contribution benefits where a DB guarantee underpins them. Moreover, schemes’ trust deeds and rules frequently embed an equivalent statutory requirement for actuarial funding valuations as standard practice......
FORTHCOMING CHANGE: Section 10 of the Finance Act 2022 will raise the normal minimum pension age ( NMPA) from 55 to 57 on 6 April 2028, excluding members of the firefighters, police and armed forces public service pension schemes. The Finance Act 2022 also grants members of registered pension schemes a right to access benefits before age 57 if, on or before 4 November 2021, they satisfied one of the following: they already held an unqualified right to take benefits; or they were in the course of a substantive transfer to a scheme that, on or before 4 November 2021, offered an unqualified right to a protected pension age below 57. To rely on this new protection from 2028, the scheme’s rules must have contained, as at 11 February 2021, an unqualified right to take entitlement to scheme benefits before age 57. For further...
This new starter guide sets out the fundamentals of database right law. It highlights the core principles and directs you to numerous Lexis+ UK sources and materials for fuller guidance. It is designed for trainee solicitors, paralegals, and those beginning to work with database right law. Information on other IP rights, including other new starter guides, is available in Practice Note: Intellectual property ( IP)—new starter guide. Those new to IP will also find the topic Overviews Database transactions and management—overview and Database disputes—overview useful. Where issues fall beyond this basic guide, go to the IP homepage and select Databases under ‘ Topics and Tasks’ to explore the Databases topic’s subtopics: Database transactions and management Database disputes This guide also includes links to help you get the most from the IP practice area’s materials, including how to contact the Lexis Ask...
UK databases—scope, Brexit and assimilated law Over the two decades leading up to Brexit, EU legislative initiatives heavily shaped the UK’s database protection regime. After the UK’s departure, any EU laws created or brought into effect after 31 December 2020 ( IP completion day) no longer bind the UK. Earlier EU measures were carried over into a new category of domestic law—retained EU law—under the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), and UK courts continued to apply pre‑2021 case law on that body of law. The European Union ( Withdrawal Agreement) Act 2020 amended the EU( W) A 2018 and established an implementation period commencing on 31 December 2020. During that interval, the legal position was held in place unless the UK Parliament expressly altered it. From that point, UK courts could take into account, but were not obliged to...
STOP PRESS: This document is being updated to reflect implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025) which amends the UK GDPR and Data Protection Act 2018. For detailed advice on DUAA 2025’s compliance impact, consult Practice Note: Data ( Use and Access) Act 2025—compliance implications. The Practice Note outlines the real-world considerations for commercial organisations planning to disclose or obtain personal data. It reflects the obligations set by the UK General Data Protection Regulation ( UK GDPR), Assimilated Regulation ( EU) 2016/679, the Data Protection Act 2018 ( DPA 2018), and the Information Commissioner’s Office ( ICO) Data sharing code of practice. The ICO is legally required to issue a data sharing code and to have regard to it when applying its regulatory functions. Where relevant, courts must likewise take the Data sharing code of practice into...
This Practice Note sets out a concise summary of the principal core elements and obligations within the UK data protection regulatory framework and flags matters of particular significance and interest for pension lawyers. For guidance on recurring questions about applying data protection duties in a pensions setting, see Practice Note: Data protection— FAQs for pensions. The UK’s data protection regime Up to 24 May 2018, the United Kingdom’s data protection landscape was regulated by the Data Protection Act 1998 ( DPA 1998). From 25 May 2018 until Implementation Period (or IP) completion day (11pm on 31 December 2020), the point at which the UK exited the European Union, the UK operated under the regime established by the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). The EU GDPR brought a suite of reforms to the earlier regime, including fresh and...
ARCHIVED: This archived Practice Note outlines and summarises the data protection regime in place before 25 May 2018 and describes the position under the Data Protection Act 1998 ( DPA 1998). It is supplied for background purposes only and therefore is not kept up to date. The Note deals specifically with the DPA 1998’s applicability and territorial reach. When assessing whether the DPA 1998 applies, consider the following key points: the nature of the data being processed—the DPA 1998 strictly applies only to processing of personal data; other information (eg statistical material or data that does not relate to an identifiable person) is outside scope where the data controller is established—the DPA 1998 applies only to data controllers established in the UK who process personal data in the context of that establishment......
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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 ]...
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