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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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CASE HUB ARCHIVED This archived case hub sets out the position as at the decision dated 22 January 2020 and is no longer updated. See also: timeline, commentary and related cases... Case facts Outline CMA Article 101 TFEU/ Chapter I CA98 investigation into allegations that Fender infringed UK and EU competition rules by curbing online discounting of its guitars... Latest developments On 22 January 2020, the CMA issued an infringement decision, concluding that Fender violated the Chapter I prohibition/ Article 101 TFEU by operating resale price maintenance, requiring sales of its guitars at or above a set minimum price. This was intended to prevent retailers from offering online discounts. The CMA levied a £4.5m penalty, reduced for leniency and settlement, after Fender admitted breaking the law... Parties Fender Musical Instruments Europe Limited ( Fender Europe), a UK-based supplier of guitars to UK retailers. Fender Europe is a...
CASE HUB ( Appeals lodged at the Competition Appeal Tribunal–see Glaxo Smith Kline and other v CMA (paroxetine)) ARCHIVED – this case hub records the position as at the 12 February 2016 decision and is no longer being maintained. For more detail, please consult the timeline, commentary, and related cases. Case facts overview: CMA investigation under Articles 101 and 102 TFEU/ Chapters I and II into Glaxo Smith Kline and generic manufacturers about pay-for-delay arrangements concerning anti-depressant medicines, specifically paroxetine ( Case CE/9531-11)......
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision of 8 March 2022; it is no longer being maintained. For further information, see the timeline and commentary. Case facts Outline An inquiry under CA98 Chapters I and II by the CMA into alleged infringements of competition law, relating to long‑term exclusivity in the provision of electric vehicle chargepoints located on or close to motorways. Latest developments On 8 March 2022, the CMA confirmed it would accept undertakings from Gridserve. Those undertakings include the following: ceasing enforcement of exclusive rights in agreements with Extra, MOTO or Roadchef after November 2026, which at present cover about two‑thirds of motorway service areas in the UK as a whole. This means Gridserve will cut the exclusivity duration in its current contracts with MOTO by roughly 2 years and with Roadchef by roughly 4 years (the Extra contract is...
CASE HUB ARCHIVED – this archived case hub reflects the position at the date of the decision of 12 August 2016; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline A CMA Chapter I CA98 inquiry into collusion in the UK market for the online sale of posters and frames ( Case 50223). The conduct comprised an accord between competitors not to undercut each other’s prices for posters and frames offered on Amazon’s UK site. Latest developments On 1 December 2016, the CMA stated it had disqualified the director of Trod Ltd, the firm found to have breached competition law for its role in a cartel concerning the online sale of posters and frames. Daniel Aston, managing director of Trod Ltd, has provided a disqualification undertaking not to serve as a director of any UK company for five...
CASE HUB ARCHIVED This archived hub sets out the position as at the date of the penalty notice on 18 September 2019; it is no longer being updated. Please see also the timeline and commentary for further reference. Case facts Outline UK merger investigation into Pay Pal Holdings, Inc.’s completed purchase of i Zettle AB. The deal features horizontal overlaps in the provision of mobile point-of-sale devices across the UK market nationally. The CMA also flagged possible issues in relation to ‘omni-channel’ payment solutions and services. Latest developments On 18 September 2019, the CMA served Pay Pal with a penalty notice for breaching the initial enforcement order ( IEO) set by the CMA at that time. A fine totalling £250,000 was levied. Pay Pal had requested, and obtained, a derogation from the IEO allowing it to undertake international integration steps, including running...
CASE HUB ARCHIVED — this archived case hub captures the position as at the decision date of 3 November 2023; it is no longer maintained. See further: timeline Case facts Outline CMA Chapter II CA98 investigation into whether Meta is exploiting a dominant position in social media or digital advertising through its gathering and use of advertising and single sign-on data. Latest developments On 20 August 2024, the CMA confirmed it had accepted a variation to the commitments previously accepted in November 2023. This change introduces an option to exclude certain ad data from all advertisers from being used by Meta in Facebook Marketplace. Under this approach, advertisers would still be able to place ads on Facebook Marketplace. Parties Meta Platforms Inc ( Meta): A US-based technology conglomerate providing a range of online products and services to UK users, including Facebook, Instagram, and Whats...
CASE HUB ARCHIVED This archived case hub sets out the position as at the date of the decision on 16 September 2015 to close the investigation; it is no longer being maintained or updated. For further detail, please see the timeline, commentary and related cases. Case facts Outline CMA Article 101 TFEU/ Chapter I inquiry into the hotel online booking sector. The matter was reopened following the CAT’s judgment in the Skyscanner v CMA case. Latest developments On 20 August 2020, the CMA provided an update on its project tracking pricing behaviour by online travel agents, following the lapse of the 2015 commitments by Booking.com and Expedia not to apply ‘wide’ parity clauses in online hotel booking agreements. In summary, after the formal commitments expired on 1 July 2020, both companies stated they would continue to operate in line with those commitments going forward. Both companies have also...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 17 December 2020; it is no longer maintained. See further: timeline and commentary. Case facts Outline CMA investigation under Article 101 TFEU/ Chapter I into suspected price-fixing in the market for groundworks products supplied to the construction sector. Latest developments On 17 December 2020, the CMA handed down an infringement decision concluding that Vp plc, MGF ( Trench Construction Systems) Ltd, and Mabey Hire Ltd broke the Chapter I prohibition and Article 101 TFEU by: (i) exchanging confidential information about future pricing and commercial strategy; and (ii) aligning aspects of their commercial conduct to lessen uncertainty. The CMA levied penalties totalling £14.9m on Vp plc and MGF ( Trench Construction Systems) Ltd. Mabey Hire Ltd was not fined, having been granted immunity under the CMA’s Leniency...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 25 October 2018; it is no longer maintained. See further, timeline and commentary. Case facts Summary of a CMA Chapter I investigation into limits on car parking charges embedded in a hotel lease between Heathrow Airport and Arora. Latest developments On 25 October 2018, the CMA issued its infringement ruling. Heathrow Airport Limited, together with its parent Heathrow Airport Holdings Limited, was fined £1.6m, which included a 20% discount for settling. Heathrow T5 Limited and its parent, Arora Holdings Limited, were granted immunity and therefore received no fine. The CMA also sent warning letters to other airports and hotel operators, cautioning against similar anti-competitive arrangements. The CAA, which assisted the CMA in its investigation, has......
CASE HUB ARCHIVED – this archived case hub sets out the position as at 16 December 2016; it is no longer updated. See the timeline, commentary and related cases. Case facts Outline CMA investigation under Article 101 TFEU/ Chapter I CA98 into suspected anti-competitive conduct in the UK modelling sector, involving exchanges of confidential, sensitive information and, in some cases, alignment on pricing approaches (case CE/9859-14). Latest developments On 16 December 2016, the CMA handed down an infringement decision against five model agencies— FM Models, Models 1, Premier, Storm and Viva—and their trade association, the AMA, for operating a cartel in the market for modelling services. Total penalties exceeded £1.5m, apportioned as: FM Models – £251,000 Models 1 – £394,000 Premier – £150,000 Storm – £491,000 Viva – £245,000 AMA – £2,500 Parties FM Model Agency Limited (‘ FM Models’), a model agency based in London. Models One Limited, One Worldwide Limited and Models 1 New Co...
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision dated 4 March 2020; it is no longer kept up to date. NOTE—appeals were filed with the CAT in Lexon ( UK) Limited v CMA (1344/1/12/20) and Amit Patel v CMA (1348/2/12/20). See further, timeline, commentary and related cases... Case facts Outline CMA Article 101 TFEU/ Chapter I investigation into Alissa Healthcare Research, Auden Mckenzie, Accord- UK, King Pharmaceuticals, Praze Consultants and Lexon regarding an infringement of competition law relating to the supply of the antidepressant Nortriptyline... Latest developments On 11 January 2022, the CMA stated it had obtained a legally binding director disqualification undertaking from Mr Pritesh Sonpal, formerly of Lexon. Mr Sonpal has undertaken not to serve as a director of any UK company for four years... Parties Alissa Healthcare Research Limited ( Alisa). Alissa focuses on licencing, marketing and...
CASE HUB ARCHIVED This archived case hub reflects the position as at the decision of 8 October 2021; it is no longer maintained. See the timeline, commentary and related cases. Case facts Outline CMA Article 101 TFEU/ Chapter I probe into AMCo (now Advanz Pharma Services ( UK) Limited), Morningside Healthcare Limited, Morningside Pharmaceuticals Limited and Alliance Healthcare ( Distribution) Limited concerning an alleged breach of competition rules linked to the supply of the antibiotic Nitrofurantoin. Latest developments On 8 October 2021, the CMA stated it had closed the investigation on the basis of administrative priorities. Parties Advanz Pharma Services ( UK) Limited ( Advanz): Advanz is a wholly owned subsidiary of Mercury Pharma Group Limited, incorporated in the UK. It primarily provides support services for the group headed by Concordia International Corp. (formerly Concordia Healthcare Corp). Mercury Pharma Group Limited ( Mercury): Mercury is a wholly owned subsidiary of...
CASE HUB ARCHIVED This archived case hub captures the position as at the date the investigation was cancelled on 19 December 2023; it is now no longer being maintained or updated further at all. See further, timeline. Case facts Outline UK merger inquiry into the anticipated acquisition of Figma, Inc by Adobe Inc. The deal presents horizontal overlaps in relation to the provision of screen design software. Latest developments On 19 December 2023, the CMA formally cancelled its phase 2 probe after both parties chose to abandon entirely the proposed transaction. Parties Adobe Inc ( Adobe): Adobe is a US business headquartered in San Jose. It is a major provider of creative design software. Such software is used to produce media assets including photos, illustrations, video, and animations. Various categories of creative design software include vector editing for logos, icons, etc; raster editing for photographs and other...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 9 September 2014; it is no longer maintained. Case facts Overview of an OFT Chapter II and Article 102 TFEU investigation into Epyx Limited ( Epyx) regarding its conduct in the UK market for supplying service, maintenance and repair ( SMR) platforms. In the UK, Epyx operates the 1link Service Network SMR platform. Latest developments On 9 September 2014, the CMA confirmed it had accepted commitments from Epyx. These undertakings remove, and in some cases amend, potentially restrictive provisions in Epyx’s agreements for use of the 1link Service Network, creating clearer opportunities for rival entry, notably by making it easier for Epyx’s existing customers to move to competitors if they wish. The commitments will apply for five years. On 4 June 2014, the CMA announced it was...
ARCHIVED This archived case hub sets out position as at the decision date of 3 November 2023; it is no longer maintained and will not be updated going forwards or revised. CASE HUB See further, timeline Case facts Outline The CMA’s Chapter II CA98 inquiry assessed whether Amazon exploited a dominant position, including the potential use of confidential third‑party seller data within Amazon’s retail operations, the parameters Amazon applies when determining which offer appears in the ‘ Buy Box’, and which merchants may list items under Amazon’s ‘ Prime label’ on its UK Marketplace. Latest developments On 3 November 2023, the CMA stated it would accept commitments from Amazon to remedy its competition concerns......
CASE HUB ARCHIVED This archived case hub records the position as at the decision of 27 March 2017 and is no longer maintained. For further details, see the timeline. Case facts Outline: CMA investigation under Article 101 TFEU/ Chapter I into two cartels in the furniture sector, involving market sharing, price-fixing, bid‑rigging, and the exchange of commercially sensitive information (case CE/9882-16). Latest developments On 27 March 2017, the CMA issued infringement decisions and imposed fines totalling more than £2.8m. The fines were: BHK ( UK) Ltd – no fine after being granted immunity Thomas Armstrong ( Timber) Ltd and its parent, Thomas Armstrong ( Holdings) Ltd – £1,509,000 for the drawer wraps cartel and £684,000 for the drawer fronts cartel (both including 20% reductions under the CMA settlement process) Hoffman Thornwood Ltd and its parent, Consolidated Timber Holdings Ltd – £625,000 for the drawer fronts cartel...
This Practice Note Introduces the testing of medicinal products in people, commonly called clinical trials, and outlines the UK regime governing such studies. It explains the amendments made to domestic rules relating to clinical trials by the Medicines for Human Use ( Clinical Trials) ( Amendment) Regulations 2025 ( UK CTR 2025), SI 2025/538. Practical points are examined too, covering, how to seek authorisation to run a clinical trial, how to manage and bring a trial to a close, how to draft a clinical trial protocol, and links to a range of clinical trial agreements ( CTAs). It also charts the stages of clinical trials (phases I, II, III and IV), identifies the parties involved, addresses informed consent, and highlights specific provisions for children and adults lacking capacity. The note briefly reviews trials undertaken beyond the UK and, as well as this, touches on...
ARCHIVED: This Practice Note has been archived and is no longer maintained. 11 pm ( GMT) on 31 December 2020 signalled the close of the implementation period, introduced to help the UK shift away from the EU’s laws and institutions. From that moment (described in this note as ‘ IP completion day’), the UK’s legal regime underwent an immediate and notable change. This Practice Note sets out the consequences of that shift for clinical trials, covering the detailed topics listed below: Overview—what occurred on 31 December 2020 How does Brexit affect clinical trials? Which legal authorities are central in this field? What guidance has the UK government provided? What guidance has the EU provided? Which elements of retained EU law are key, and are they open to modification from IP completion day? What core...
What is the climate change agreement scheme? The CCA scheme enables eligible facilities to benefit from a reduced rate on the Climate Change Levy ( CCL). Refer to Practice Note: Climate change levy. CCAs are voluntary arrangements under which an eligible energy‑intensive facility can obtain up to a 90% cut in CCL, and a 100% reduction for energy used in specified energy‑intensive (metallurgical and mineralogical) industrial processes, provided it signs up to energy efficiency targets agreed with government. “ CCA” is defined in Schedule 6, paragraphs 46–48 of the Finance Act 2000 ( FA 2000). The scheme operates through a two‑tiered structure: Umbrella agreements — the Department for Energy Security and Net Zero ( DESNZ) and industry sectors negotiate umbrella terms. The agreement is then held between the sector or trade association and the administrator, and sets out sector commitments, obligations and...
This Practice Note summarises the mandatory climate-related disclosures applicable to UK financial institutions and the intention to extend sustainability reporting in the UK under IFRS S1 and S2. What are the current UK requirements? In the UK, climate-related disclosures are already compulsory through corporate legislation, alongside distinct Financial Conduct Authority ( FCA) rules for certain listed issuers and financial services firms. The FCA has additionally set out some sector- and product-specific disclosure expectations. The government is reviewing the UK climate disclosure frameworks and, on 25 June 2025, issued the following consultations: a Department for Business and Trade consultation on draft UK Sustainability Reporting Standards ( UK SRS), to incorporate the ISSB’s IFRS S1 and IFRS S2 into UK law a Department for Business and Trade consultation on proposals for stronger regulatory oversight of third-party assurance over...
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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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