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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 paper includes a link to a glossary of pension and finance terms from Tolley’s Pensions Law Service. Tolley’s Pensions Law Service— Pensions Key Terms ......
Under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996), the court can make orders that: concern how trustees perform their functions, including directions removing any requirement to obtain consent or to consult any person when exercising those functions; or determine the nature or extent of an individual’s interest in property held on trust. Whilst section 6 TOLATA 1996 gives trustees of land the powers of an absolute owner, those powers are constrained by duties of consultation, consent and occupation. The court, by contrast, has the full powers of an absolute owner without the trustee-specific restrictions. However, it cannot vary existing beneficial interests, nor order the removal or appointment of trustees. Pre- Action Conduct and Protocols There is no dedicated pre-action protocol for TOLATA 1996 claims, but parties should have regard to the Practice Direction Pre- Action...
Pre-action protocol There is no dedicated pre-action protocol for claims brought under the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996). Accordingly, parties should refer to the Practice Direction Pre- Action Conduct and Protocols (previously Practice Direction— Pre- Action Conduct). The current Practice Direction took effect on 6 April 2015 and was most recently updated on 6 April 2022, introducing a shorter, clearer set of steps to follow before proceedings are started, and it has been revised periodically. It is contained within the Civil Procedure Rules 1998 ( CPR), SI 1998/3132, and sets out the conduct expected of parties before issue. Except in the most urgent circumstances, or where an application is made pursuant to an agreement, before commencing court proceedings—and whether the claim is pursued under CPR Part 7 or CPR Part 8—the court will ordinarily expect the parties to share...
This Practice Note sets out the differences between Parts 7 and 8 of the Civil Procedure Rules 1998 ( CPR), SI 1998/3132, in the context of claims pursued under the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996), and includes a synopsis of both procedures while considering departures from the Part 8 route and the question of costs. When should proceedings be issued under Part 7 and when should proceedings be issued under Part 8? A TOLATA 1996 claim can be started under CPR Part 7 or under Part 8. As a trusts-related claim, a TOLATA 1996 claim is frequently viewed as more appropriate for the Part 8 procedure, by analogy with the requirements of CPR 64.2; however, those provisions apply solely to claims concerning the execution of a trust or brought under the Variation of Trusts Act 1958....
1. Have there been any recent developments regarding the Togolese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Togo? Competition in Togo is governed by Law No 99-011 of 28 December 1999 on the organisation of competition in Togo (the Competition Law), which omits any merger control rules. The Directorate of Domestic Trade and Competition ( DCIC) serves as the country’s central administrative competition authority under the Minister of Commerce. As a member of the West African Economic and Monetary Union ( Union Economique et Monétaire Ouest Africaine) ( WAEMU), Togo is bound by WAEMU competition rules as set out in Directive 02/2002/ CM/ UEMOA (the WAEMU Regulations). WAEMU holds sole and exclusive competence for merger control throughout its member states. National bodies may lawfully oversee competition within the domestic market, flag...
TMO4+ For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook provides detailed examination of matters addressed in this Practice Note. This Practice Note sets out the reforms to the Great Britain ( GB) electricity grid connection process collectively referred to as ‘ TMO4+’, approved by Ofgem on 15 April 2025 and taking effect from 10 June 2025. It belongs to a series on the TMO4+ grid connection reforms. TMO4+ was devised by the National Energy System Operator ( NESO) and, before that, National Grid Electricity System Operator Limited ( NGESO), over a number of years. The concluding package of reforms was produced with the support of Ofgem and the Department for Energy Security and Net Zero (...
Time to complete the works This Practice Note reviews the position under the 1999 editions of the Red, Yellow and Silver Books, alongside the Gold Book 2008 and the Pink Book 2010. For the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—time; and also for a comparison of FIDIC time provisions (noting these cite the 2017 versions) with the JCT and NEC contracts, see Practice Note: Comparison between JCT, NEC and FIDIC time and money events. For this Practice Note, the phrase covers the works under the Red and Pink Books, the design and works under the Yellow and Silver Books, and the design-build phase under the Gold Book, and timing remains, in particular, a central concern on any construction project......
This Practice Note This Practice Note reviews the Contractor’s duties concerning time under the NEC Engineering and Construction Contract ( ECC). It addresses the commencement of the works, any expectation to proceed regularly and diligently, the Contractor’s programme, events that justify extra time (termed Compensation Events) under the contract, acceleration, and the requirement to achieve Completion by the Completion Date, including exposure to liquidated damages for delay. It cites clauses in the NEC4 ECC, and comparable provisions are found within the NEC3 and other NEC contracts as well. The Contractor’s principal time obligations (set out in clauses 20.1, 30.1 and 30.3) are to, which include the following: Deliver the Works in line with, and in accordance with, the Scope carry out the works so that, in effect, Completion occurs on or before the Completion Date where Key Dates apply, perform the works so the stated...
This Practice Note is intended for law firms. It explains why capturing time is so vital. It also explores best practice around time recording and considers the impact on write-offs if more time is captured. Why do law firms need to record time? Time should be recorded primarily to understand the true cost of work undertaken, to ensure accurate and reliable client billing, and to maintain compliance with SRA client costs information requirements (see further subtopic: Information on costs). It is therefore necessary to record all time spent on a client’s matter—whether this time can be billed is a separate issue and must only be considered at the point of billing. Law firms often confuse time recording with billing. As a consequence, many lawyers discount their time twice: at the point of entry and initial capture again when preparing and issuing the client’s...
Trade union rights relating to union activities This Practice Note reviews trade union rights connected to union involvement, covering time away from work for union duties and/or activities, and for union learning representatives, where relevant. It also summarises any publication obligations that public authorities may have had, in particular up to 18 February 2026, concerning time off for trade union duties. The Note explains the protection against detriment and/or dismissal arising from taking part in union activities, accessing union services, or union recognition. It further highlights the Acas Code of Practice on time off for both trade union duties and activities in this area. Several individual statutory rights can arise in defined situations linked to trade union activity: trade union officials have a right to reasonable paid time off within working hours to carry out specified trade union duties (see Time off for trade union...
What does time of the essence mean? Where time is said to be ‘of the essence’, the specified deadline for carrying out a contractual obligation is a condition of the agreement. Non-compliance can therefore entitle the innocent party to bring the contract to an end and seek damages. In construction contracts, clauses making time of the essence are uncommon. Late completion is usually addressed by liquidated damages rather than termination. If time is not of the essence and there are no other, or only inadequate, time provisions, the only duty is to perform within a reasonable period. In that situation, time is regarded as being ‘at large’ (see Practice Note: Time at large in construction contracts). How does time become of the essence? Whether a time stipulation for performing an obligation is ‘of the essence’ depends primarily on construing the contract. Time will not be treated as of the...
Time management is the way we arrange and tackle tasks within the time at our disposal. Shortfalls often arise from unrealistic workloads, weak assertiveness, or limited technical know-how... This Practice Note covers: time analysis how to prioritise tasks managing a tendency to procrastinate getting on top of your work/life balance saying no a guide to swifter, more focused meetings top tips for senior leaders Time analysis—where is my time going? Before resolving any time management challenge, identify what’s driving it. Possible factors include: limited assertiveness, or not saying no when new tasks land sheer workload—perhaps your role’s scope is misjudged gaps in technical skills, eg support to tame emails or use collaborative tools better a need to retain control and reluctance to delegate uncertainty about what is expected of you A helpful place to begin is by...
For many tenants, slippage in the completion of the landlord’s works is a far bigger issue than strict compliance with the specification, or the timely delivery of collateral warranties or contract assignments. Ordinarily, the tenant’s overriding aim is to gain possession and start trading at the earliest opportunity. Accordingly, the completion date for the developer/landlord’s works is pivotal, though the target completion date will typically be open to extensions under the agreement for lease. This Practice Note explores how that target can be pushed back and what follows if the landlord fails to finish on time, including the prospect of liquidated damages. It also considers whether the tenant might be granted early access to the premises to undertake its own fit-out works. Extensions of time Under a standard agreement for lease, the tenant is generally obliged to enter into the lease once practical...
This Practice Note explores the notion of 'time at large' in the context of completing works under a construction contract, setting out what the term signifies, how it can arise, and the consequences of time becoming at large (including what amounts to a 'reasonable time' for completion)... What does 'time at large' mean? Ordinarily, construction contracts require the contractor to finish the works by a stated completion date (or within a defined timeframe). If that deadline is not met, and the contract does not permit an extension to cover the relevant cause(s) of delay, the contractor will typically be liable to pay liquidated damages (known as LADs or LDs) to the employer. Where, however, the provisions dealing with time for completion are absent or deficient, so that the employer cannot insist on completion by a particular contractual date, time is said to be 'at large'. When time is at...
CASE HUB ( Appeal lodged by Timab before the Court of Justice in Case C- 411/15 P) ARCHIVED – this case hub, now archived, captures the position as at the judgment of 20 May 2015; it is no longer being maintained. See further: timeline, commentary and related/similar cases. Case facts Outline Appeal to the General Court seeking to have the decision annulled, or to secure a significant cut in the fine, arising from the Commission’s decision of 20 July 2010. That decision recorded infringements of Article 101 TFEU and Article 53 of the EEA Agreement and imposed a €59.85m fine, for which CFPR and its subsidiary Timab were held jointly and severally liable, on account of the latter’s alleged role in a cartel on the European animal feed phosphates market (‘ Animal feed phosphates cartel’). On 20 May 2015, the General Court dismissed the action in full and...
This Practice Note sets out a chronology of major amendments to the eligibility rules for Tier 2 ( General), covering the period from April 2012 up to its replacement by the Skilled Worker route at 9 am on 1 December 2020. Since its late 2008 launch, the criteria were revised on many occasions over time. The principal updates from 6 April 2012 are listed below for historical reference. Consult the relevant Statement of Changes document for full particulars of the amendments and their specific implementation details in the Immigration Rules. For the timeline of key developments after the Skilled Worker route took effect, see Practice Note: Skilled Worker—timeline of key changes. For advice on accessing prior versions of the Immigration Rules and Home Office guidance, see Practice Note: Locating guidance and using archives for immigration research. A complete record of all Tier 2 (...
ARCHIVED : The Tier 1 ( Investor) category was closed to initial applications, without warning, from 16:00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632. Applicants with existing permission in this route can still seek to extend their leave, and may apply for entry clearance from outside the UK if they have held Tier 1 ( Investor) leave within the 12 months before the date of application, as well as apply for settlement. Extension applications, whether made in the UK or abroad, must be lodged by 17 February 2026. Applications for indefinite leave to remain must be submitted by 17 February 2028. For additional details, see: LNB News 17/02/2022 76. This Practice Note—last updated before the post- Brexit work and study routes introduced in December 2020 via Statement of Changes in Immigration Rules HC 617—has been kept in...
Introduction This Practice Note examines how dwellings (often called 'tied cottages') provided to agricultural workers as part of their employment terms are regulated under the Rent ( Agriculture) Act 1976 ( R( A) A 1976) as a 'protected occupancy', or the Housing Act 1988 ( HA 1988) as an 'assured agricultural occupancy', or the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) as an 'occupation contract'. It also considers the effect and implications of the Renters’ Rights Act 2025 ( RRA 2025) on those lettings. Non-tied accommodation (ie lettings of farm houses and other dwellings on agricultural land) will generally be subject, as appropriate, to the provisions and requirements of the Rent Act 1977 ( RA 1977), HA 1988, or RH( W) A 2016. Lettings under the Agricultural Holdings Act 1986 or the Agricultural Tenancies Act 1995 that include...
CASE HUB ARCHIVED – this archived case hub sets out the position as at 8 May 2015, the date of the decision; it is no longer updated. See also the timeline and commentary. Case facts Outline of a CMA Chapter I investigation into the Three Counties Estate Agents Association, three estate agents belonging to the association (and their parent companies) and Trinity Mirror Southern Ltd (and its parent company), owner and publisher of the local newspaper, for entering into agreements intended to limit how association members publicise their fees or discounts ( Case CE/9827/13). The CMA issued its enforcement decision and imposed fines totalling over £735,000 on 08/05/2015. Parties Three Counties Estate Agents Limited, trading as Three Counties Estate Agents Association Waterfords ( Estate Agents) Ltd Castles Property Services Ltd Hamptons Estates Ltd (trading as Hamptons International) and its ultimate parent companies Countrywide plc and Countrywide Group...
This Practice Note sets out hands-on guidance for appropriately assessing whether the home industry faces a threat of material injury in practice. It therefore also explains the shift in circumstances that must be shown, the probability of material injury, and the types of evidence on which an investigating authority may rely to find that a genuine threat of material injury exists. Introduction Under the WTO’s Agreement on Subsidies and Countervailing Measures (the ‘ SCM Agreement’), investigating bodies must establish that goods are subsidised and that the subsidised imports either cause material injury or threaten to do so. Frequently, subsidy and countervailing inquiries deal with situations in which subsidised imports are already inflicting material injury. In such cases, whether subsidised imports are causing material injury is a neutral, impartial, evidence-based and reliable finding. For direction on what amounts to subsidised imports and material injury, see...
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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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