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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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Trust and company service providers ( TCSPs) TCSPs face a heightened likelihood of exploitation for money laundering or terrorist financing. This arises because trusts and companies can be used to: conceal the beneficial ownership and control of wealth and assets set up and administer multiple legal entities at comparatively low cost construct complex, opaque arrangements operate across several jurisdictions avoid tax or duties Although trusts and companies are central to legitimate investment and commercial activity, criminals may deploy them to give unlawful transactions a veneer of legitimacy. If your firm delivers any TCSP service, you fall within the scope of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, and must comply fully with them, including obligations specific to TCSPs. This Practice Note reflects: National risk...
CASE HUB ARCHIVED —this archived case hub sets out the position as at the judgment dated 1 February 2024; it is no longer being actively maintained. See the timeline. Case facts Outline Appeals were brought against the General Court’s judgment in Case T-691/14, which partly upheld an action seeking annulment of the Commission’s decision imposing a fine on Scania for an alleged cartel in the market for medium-duty trucks ( AT.39824). Outcome On 1 February 2024, the Court of Justice delivered its judgment, dismissing the appeal in its entirety......
This How to Guide outlines how to obtain a Traffic Regulation Order ( TRO), including Temporary Traffic Regulation Orders ( TTROs), extensions, diversion routes, closures by notice, emergency safety closures, event closures, and who must be consulted... Temporary Traffic Regulation Orders Local authorities ( LAs) will generally try to avoid making a TTRO where a safe alternative is available, with user safety front of mind and recognising that different path statuses serve different user groups. Although a temporary closure is often the most suitable approach, keeping half the path open or deploying a banksman may sometimes be required... LAs are very unlikely to shorten lead‑in times for closure applications. These timescales allow applications to be processed and adverts to be placed in the local press and online, as LAs have a legal obligation to provide sufficient public...
FORTHCOMING DEVELOPMENT : Section 10 of the Finance Act 2022 is set to lift the normal minimum pension age ( NMPA) from 55 to 57 with effect from 6 April 2028, excluding members of the firefighters, police and armed forces public service pension schemes. In addition, the Finance Act 2022 will grant members of registered pension schemes the ability to take their benefits before reaching 57 where, on or before 4 November 2021, they either already possessed an ‘unqualified right’ to draw benefits, or were in the course of a substantive transfer to a scheme that provided an unqualified right to a protected pension age below 57 by that date. To rely upon this new protection in 2028, the scheme’s governing rules must, as at 11 February 2021, have contained an unqualified right to access entitlement to scheme benefits prior to age 57. For...
Trinidad & Tobago merger control Prepared in collaboration with M. Glenn Hamel- Smith, Partner, and Jeanelle Pran, Senior Associate, of Trinidad & Tobago firm M. Hamel- Smith & Co, summarising key issues on merger control in Trinidad & Tobago. Note—to check whether notification thresholds in Trinidad & Tobago and worldwide are triggered, see: Where to Notify. 1. Have there been any recent developments regarding the Trinidad & Tobago merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Trinidad & Tobago? There have been no changes to the Fair Trading Act 2006 ( FTA) but we have (informally) been advised that the Trinidad & Tobago Fair Trading Commission (the Commission) intends to advance the following amendments to the FTA: raising the asset...
THIS PRACTICE NOTE APPLIES IN RELATION TO DB OCCUPATIONAL PENSION SCHEMES Certain events can give rise to a section 75 debt becoming payable from a participating employer of an underfunded defined benefit ( DB) occupational pension scheme. This Practice Note sets out the situations in which such a section 75 debt might be triggered. The legislative framework for section 75 debts is set out in the following key pieces of legislation: sections 75–75A of the Pensions Act 1995 ( PA 1995), which state the circumstances in which a section 75 debt is triggered the Occupational Pension Schemes ( Employer Debt) Regulations, SI 2005/678 ( Employer Debt Regulations), which provide further detail and information on when a section 75 debt arises, how it is calculated and the alternative ways of addressing the debt the Occupational Pension Schemes ( Deficiency on Winding Up etc)...
How is a credit event determined? Article 4 of the 2014 ISDA Credit Derivative Definitions (the 2014 Definitions) outlines the types of credit event that may arise. However, the mere occurrence of one of these events does not automatically trigger obligations under a credit derivative—certain procedural formalities must also be met. See Practice Notes: Credit derivatives—credit events and Restructuring credit event. Since 2009, the ISDA Credit Derivatives Determinations Committee (the DC) has decided the majority of credit events. Any eligible market participant may submit a credit event resolution request to ISDA regarding an affected reference entity under the 2014 Definitions. Accordingly, if you consider that a credit event has occurred for a reference entity named in a credit derivative to which a party is committed, that party can ask the DC to confirm publicly that a credit event has taken place. When parties choose to apply the 2014...
This Practice Note outlines the function commonly undertaken by tribunal secretaries (also called arbitral or administrative secretaries) within international arbitration. It further looks at who fills the secretary role, highlights issues that have emerged regarding their engagement, and the extent to which certain institutional arbitration rules provide for their use. It also examines who ordinarily performs the secretary position and in what capacity. Provision for their engagement under certain institutional arbitration rules is likewise considered. The Practice Note does not take a position on whether appointing tribunal secretaries is appropriate. It does not endorse or oppose their use. Rather, it describes the tasks tribunal secretaries typically carry out, considers who is most suitably placed to do so, briefly addresses recurring concerns linked to their involvement, and records recent developments relating to their use by reference to selected...
This Practice Note This Practice Note explores the advantages and disadvantages of employing tribunal secretaries in international arbitration. It sets out the cases for and against their involvement and surveys the different forms of arbitration and the range of circumstances that may shape their value and the decision to appoint them. For the reasons explained below, whether—and to what extent—it is beneficial for a tribunal to rely on a secretary turns on several matters, in particular: the character and breadth of the dispute whether the arbitration is institutional or ad hoc, and the manner in which tribunal secretaries are appointed and managed Accordingly, this Practice Note does not aim to reach any general conclusion on whether the advantages of tribunal secretaries outweigh their possible downsides. Secretaries tend to be engaged in large and/or complex arbitrations, including disputes over...
This guide sets out key principles for a witness when preparing a clear and credible witness statement that stands the best chance of not being weakened in cross‑examination. For this guidance, it is assumed the witness drafts their own statement, with input from the lawyer whose client is seeking the witness’s evidence to indicate the matters the statement should address. The purpose of a witness statement A witness statement, supplied to all other parties and the court well in advance of the start of a trial, usually serves as the evidence in chief that the witness would give if examined orally. It is therefore the written counterpart to the witness’s answers to non‑leading questions. This is a critical point for a witness to keep in mind throughout the drafting process. A witness statement is not: an exposition of the legal case or the defence to a claim that the...
The concept of being ‘resident in a contracting state’ is key in a double tax treaty ( DTT) because: Double tax treaties apply solely to persons who are resident in one or both contracting states, whether individuals or entities, for the purposes of the treaty. The concept is also employed throughout numerous treaty provisions to allocate taxing rights between the participating states; for instance, dividend articles often stipulate, under the terms of the relevant article, that a dividend paid by a resident of one contracting state to a resident of the other contracting state is taxable exclusively in the latter jurisdiction. Accordingly, when advising a taxpayer about their position under a DTT, it is essential first to ascertain where that taxpayer is resident for the purposes of the treaty, which may not align with the residence attributed under domestic...
Treasury shares A limited company can hold, or transact in, its own shares if the conditions in the Companies Act 2006 ( CA 2006) are satisfied. These shares are kept in treasury and called the company’s treasury shares. Alongside CA 2006, further rules and guidance apply to a listed company or an AIM company. A listed company must have regard to the UK Listing Rules ( UKLRs) and the Disclosure Guidance and Transparency Rules ( DTRs). An AIM company must have regard to the AIM Rules for Companies ( AIM Rules); however, these do not specifically cover share buybacks, so AIM Regulation has confirmed that following the UKLRs on buybacks will, in most cases, be best practice. An AIM company is also subject to DTR 5. Both types of company may follow institutional investor guidance. The regime on treasury shares is set out in CA 2006, ss...
What is Treasury Management? Local authorities across England and Wales possess wide-ranging powers to borrow and invest. The way these activities are undertaken is chiefly shaped by the Local Government Act 2003 ( LGA 2003) and the statutory instruments made under it. Treasury management, covering both borrowing and investments, sits within the Prudential funding framework created by the LGA 2003. When exercising these powers, authorities must have regard to several sources of guidance: Guidance from the Secretary of State (third edition in force from 1 April 2018) Chartered Institute of Public Finance and Accountancy ( CIPFA) Treasury Management Code of Practice (2021 edition) CIPFA Prudential Code (2021 edition) Government response to the consultation on changes to statutory guidance and regulations: Minimum Revenue Provision This guidance is updated from time to time to mirror the evolving context for local...
Planning Act 2008 The Planning Act 2008 ( PA 2008) established a distinct development consent system in England and Wales for nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. It was introduced to simplify, and provide greater certainty for, the consenting route for infrastructure considered to be of national importance. Where development is, or includes, an NSIP, a development consent order ( DCO) under PA 2008 is required instead of planning permission under the Town and Country Planning Act 1990 ( TCPA 1990). PA 2008 identifies NSIPs as specified categories of project set out in section 14, with Part 3 of PA 2008 prescribing additional qualifying criteria for each category. When those criteria are satisfied, the project is an NSIP and the consent process must follow PA 2008; the local planning authority for the area hosting the...
This Practice Note sets out how the transparency in supply chains ( TISC) provisions in section 54 of the Modern Slavery Act 2015 ( MSA 2015) apply to multinational enterprises and corporate groups. It explores the principal issues these entities may encounter when drafting a slavery and human trafficking statement. It also directs readers to practical guidance and resources to help organisations manage modern slavery and human trafficking risk and prepare an annual slavery and human trafficking statement. Why this matters Commercial entities that satisfy all of the following are obliged to publish an annual slavery and human trafficking statement on their website: provide goods or services conduct business, in whole or in part, in the UK have a worldwide annual turnover of £36m or above The statement must describe the measures taken (if any) during each financial year to ensure slavery and human...
ARCHIVED: This archived Practice Note outlines the transitional measures introduced on the commencement of the Family Procedure Rules 2010, which in 2011 replaced the Family Proceedings Rules 1999. It is supplied solely for background purposes and is not maintained. For practical guidance on the general principles of the FPR 2010, see the following Practice Notes: Family Procedure Rules 2010 index Introduction to the Family Procedure Rules 2010 Court's case management powers— FPR 2010 FPR 2010—overriding objective Introduction The transitional arrangements for the Family Procedure Rules, SI 2010/2955 ( FPR 2010), are contained in FPR 2010, PD 36A and supplement FPR 2010, Pt 36. FPR 2010, PD 36A addresses the application of the FPR 2010 to proceedings begun before 6 April 2011 (existing proceedings)......
ARCHIVED: This Practice Note has been archived and is not maintained. How are contracts for difference ( Cf D) and the renewables obligation ( RO) connected? The renewables obligation ( RO) is designed to stimulate investment in renewable generation. It achieves this by placing a duty on customer-facing electricity suppliers—who obtain electricity from generators, whether directly or indirectly—to procure an ever-increasing share of their wholesale supply from renewable sources. The Secretary of State ( So S) for Business, Energy and Industrial Strategy ( BEIS) determines the proportion required each period. Suppliers prove compliance by submitting renewable obligation certificates ( ROCs) to the Office of Gas and Electricity Markets ( Ofgem). New ROCs are issued solely to accredited renewable generators, encouraging suppliers to purchase renewable output (together with separately priced ROCs) from such projects, thereby delivering a degree of financial support to those...
Trusts created on death Trusts can be set up either while the settlor is alive or when an individual dies. This Practice Note focuses on trusts that arise on death, whether under the testator’s Will or through the intestacy provisions. For guidance on creating trusts more generally, see Creation of trusts—overview and, in particular, Practice Note: Creation of trusts—by Will. A personal representative ( PR) of a deceased person’s estate may become trustee of assets to be held on continuing trusts established: by the terms of the deceased’s Will, or under the statutory intestacy regime After the PRs have settled and distributed all: liabilities debts administration expenses legacies and any remainder of the estate that is payable and capable of immediate distribution then for any property not capable of immediate distribution: the PRs may assume the role of...
This Practice Note adopts terminology derived from the relevant statutory provisions and earlier case law, which remains binary and, to a degree, clinical in character, reflecting the phrasing of the instruments and decided authorities. The extent to which attitudes and language have moved on is illustrated by the House of Commons Women and Equality Committee’s report issued in December 2015. In the pensions sphere, however, entitlement can still, in certain respects, turn on whether an individual is regarded as male or female at a given point in time. That position contrasts with issues that arise particularly in the delivery of services, where discrimination may concern non-binary or fluid gender identity. Accordingly, the Note uses terms aligned with those sources, even where discourse may differ. This Practice Note also cites rights under the European Convention on Human Rights ( ECHR), together with rulings of the Court of...
The Transfrontier Shipment of Waste Regulations 2007, SI 2007/1711 ( TFSR) The TFSR, as revised by the Transfrontier Shipment of Waste ( Amendment) Regulations 2008, SI 2008/9 and the Transfrontier Shipment of Waste ( Amendment) Regulations 2014, SI 2014/861, set out how EU Assimilated Regulation 1013/2006 on Shipments of Waste ( WSR) is enforced. This Practice Note outlines the offences created under the TFSR, how those rules are enforced, and the potential penalties on prosecution. For more information on obligations under the TFSR, see Practice Note: Transfrontier shipments of waste—compliance and controls. The Environment Act 2021 ( EA 2021) expanded the powers in section 141 of the Environmental Protection Act 1990 ( EPA 1990) to make regulations to prohibit or restrict waste imports and exports, enabling further regulations relating to the regulation of imports and exports of waste, and the transit of waste for export. EPA 1990, s...
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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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