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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 captures the position as at the judgment of 10 July 2014 and is no longer being updated. For further detail, see: timeline, commentary and related/relevant cases. Case facts Outline: An appeal was lodged against the General Court’s judgment dismissing Telefónica’s challenge to the Commission’s 2007 decision imposing a fine of around €151.9m for an alleged margin squeeze contrary to Article 102 TFEU. The Court of Justice handed down its judgment on 10 July 2014. The dispute centres on whether a ‘margin squeeze’ can be found without first establishing the indispensability of the wholesale input(s) concerned. Parties Appellants: Telefónica SA Telefónica de España SAU Other Parties: European Commission France Telecom España SA Asociación de Usuarios de Servicios Bancarios European Competitive Telecommunications...
Cases T- 43/16, T- 884/16, and T- 885/16 1&1 Telecom v Commission et al—third party appeals against remedy implementation in Telefónica Deutschland/ E- Plus [ Archived] CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 9 October 2018; it is no longer maintained. See further: timeline, commentary and related cases. Case facts Outline Third-party merger challenges targeting the manner in which remedies were executed following the conditional authorisation in Telefónica Deutschland/ E‑ Plus ( M.7018). The applicants asked for the annulment of specific Commission measures concerning the implementation of the commitments offered in Telefónica Deutschland/ E‑ Plus or, in the alternative, for the annulment of the clearance decision itself... Latest development On 9 October 2018, the General Court delivered its judgments and rejected actions by 1&1 Telecom, Multiconnect and Mass Response Service directed at the...
ARCHIVED : This archived Practice Note was prepared by reference to the earlier/old Electronic Communications Code (the previous Code) and, where premises might be affected by telecommunications leases governed by the previous Code, it flags drafting considerations and due diligence points where relevant. Nevertheless, its substance still has relevance for the purposes of the transitional arrangements in the new Code. It is not updated and is supplied solely as background information purposes only. The new Code (found in Schedule 3A, Part 1 to the Communications Act 2003) took effect on 28 December 2017. Under the transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, subsisting agreements made under the previous Code (ie an agreement pursuant to paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the previous Code) continue to...
Technology products, solutions and services sit at the heart of almost every business, appearing in many guises. They differ in scale, complexity and worth, spanning major outsourcing and managed services through to ‘as a service’ offerings delivered via the cloud and on‑premise software licences. Nonetheless, certain contractual themes recur, with customers and suppliers holding reasonable concerns that must be accommodated if a deal is to be concluded. This Practice Note signposts the issues most frequently encountered and outlines ways disagreements between the parties can be settled. Adequacy of due diligence Many technology transactions call for the customer to share information with the supplier before signature, enabling the supplier to define the scope and set an appropriate price. At times, a request for proposal from the customer captures everything; more commonly, the supplier must obtain and review further detail to gain sufficient comfort about what is being...
For many years, technology has, to varying degrees, been used at every phase of arbitration. The coronavirus ( COVID-19) crisis, with its travel bans and lockdowns, forced a sharper emphasis on how practitioners and arbitrators could deploy technology to ensure fair and efficient proceedings across the globe. In addition, swift advances in tools adopted by clients and the legal sector (including developments in artificial intelligence ( AI)), coupled with rising cost and ESG pressures on practitioners, have thrown a clear spotlight on the manner in which technology is applied in arbitration. Historically, when speaking about technology in arbitration, people have tended to think chiefly of e-discovery, electronic bundling, and remote or hybrid hearings. Yet technological considerations should, and do, permeate almost every facet of an arbitration, from the arbitration agreement and assessment of the relevant laws and procedural rules, to the choice of...
Costs management Note: The 152nd Practice Direction ( PD) update took effect on 1 December 2022; see 151st and 152nd Practice Direction updates—changes in force 16 November 2022 and 1 December 2022, LNB News 21/11/2022 54. This PD update formally renumbered CPR PD 3E (costs management) as CPR PD 3D to reflect the cross‑referencing amendments introduced by the Civil Procedure ( Amendment No 2) Rules 2022, SI 2022/783, and the 149th PD update. From 1 December 2022, the costs management PD is therefore CPR PD 3D. The Technology and Construction Guide still cites CPR PD 3E, but it should be read as CPR PD 3D until it is updated. This Practice Note examines costs management within the Technology and Construction Court ( TCC). Although many CPR provisions apply, it is also necessary to consider the Technology and Construction Court Guide, which may impose...
ARCHIVED: This Practice Note is archived and no longer updated. NOTE: the court has confirmed that the protocol for TCC E applications is no longer in operation. In this Practice Note, references to: TCC mean the Technology and Construction Court CLCC mean the Central London County Court CLCC TCC mean the TCC at the CLCC e-application mean electronic applications (ie applications by email) Protocol mean the Protocol for TCC E-applications list Note: this Practice Note applies only to claims progressing in the TCC CLCC. For general guidance on electronic working and electronic filing procedures, and for specific guidance on the Rolls Building e Working pilot scheme under CPR PD 51O, see Practice Notes: Electronic communication and filing of documents by email— CPR PD 5B and Electronic working and CE- File—when and where is CE- File applicable?...
This Practice Note This Practice Note examines how case management is conducted in the Technology and Construction Court ( TCC), by reference to the provisions of CPR 60, CPR PD 60, and the Technology and Construction Court Guide. As these materials supplement the general provisions found elsewhere in the CPR, it should be read together with wider guidance on case management, in particular: the court’s array of case management powers under CPR 3, and case management more generally—see Practice Note: Case management of civil claims under the CPR, and Case management—checklist multi-track case management—see Practice Notes: Multi-track—case management, and Multi-track—case management conference ( CMC) the significance and importance of complying with rules, practice directions and court orders, together with practical pointers to assist—see Practice Note: Case...
This Practice Note sets out guidance on witness statements and factual evidence for use at trial in the Technology and Construction Court ( TCC) under CPR 60, CPR PD 60 and the Technology and Construction Court Guide (the ‘ TCC Guide’), paragraphs 12.1–12.4. Specifically, it deals with preparing statements for TCC trials and advises on employing witness summaries for hesitant or unavailable witnesses, handling situations where a witness’s command of English is limited, and cross‑referencing documents within statements and supplemental statements. It further covers filing and service of witness statements in TCC claims, the giving of evidence at a TCC trial, and the possible consequences of failing to comply with the applicable provisions. Lastly, it provides practical pointers on witness evidence for TCC trials. This Practice Note concerns witness statements and factual evidence for trial. For guidance on: witness statements in support,...
This Practice Note outlines the landscape of technical barriers to trade within the UK– EU Trade and Cooperation Agreement. It summarises the rules on technical regulations, standards, and conformity assessment procedures binding on the EU and the UK. Introduction As a free trade pact, the TCA governs not only tariffs on goods moving between the two customs areas, but also other elements necessary for trading in goods or considered non‑tariff obstacles. These include: rules of origin sanitary and phytosanitary measures, and technical barriers to trade ( TBT) Chapter 4 of the TCA addresses TBT. It draws on many of the substantive provisions of the World Trade Organization’s Agreement on Technical Barriers to Trade and therefore builds on that treaty. Specifically, it incorporates Articles 2 to 9 and Annexes 1 and 3 of the WTO’s Agreement on Technical Barriers to Trade. It also confirms that the terms used in...
This Practice Note This Practice Note explores the legal and practical concerns for an employer during a team move, where one or more employees entice or headhunt fellow employees of the current employer to join a new employer or to start a business on their own account. The move may have been coordinated by the incoming employer. Such team moves have generated numerous employee competition cases, and the law has evolved in response to this trend. From the earlier position that the general law did not prevent employees, acting in concert, from leaving to compete (see Searle v Celltech), team moves are now laden with legal challenges for the existing employer, the departing staff and their prospective employer. This Practice Note concentrates on the issues affecting the current employer in a team move setting. For discussion of the various legal and practical...
This Practice Note This Practice Note explores the legal considerations triggered by a co-ordinated departure, where multiple partners of the same partnership or members of the same LLP leave to establish their own venture or join a rival of the partnership or LLP. It assesses potential unlawful behaviour and the scope of duties owed by partners and members under the Partnership Act 1890 ( PA 1890), the Limited Liability Partnerships Act 2000 and the default rules in the Limited Liability Partnerships Regulations 2001, SI 2001/1090 ( LLPR 2001). The significance of express terms in partnership deeds and LLP agreements is emphasised. Practical considerations are outlined, together with guidance on garden leave and post-termination restraints addressing competition, solicitation or the poaching of clients and/or other employees. Finally, remedies are reviewed, including springboard relief. Comparable issues arise when analysing a team move from an employer. For further...
This Practice Note sets out the process for securing an order to extinguish vehicular rights over a highway and what the order should encompass. Section 249 of the Town and Country Planning Act 1990 ( TCPA 1990) allows an order extinguishing vehicular rights on a highway to be made when specified conditions are met. The provision is principally employed for pedestrian schemes or to create a cul-de-sac from a side road that would otherwise run onto a busy main route. It can also be used to remove vehicular rights on a byway open to all traffic. See Practice Note: Public rights of way. Commencing closure of a highway is only possible where a planning authority resolves that the measure is required to enhance the amenity of its local area. Procedure for making orders The procedure for making orders under TCPA 1990, s 249 is...
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 ( FA 2025), which secured Royal Assent on 20 March 2025, enacts the end of the remittance basis and brings in a residence-based system from 6 April 2025. FA 2025 also makes residence, rather than domicile, the determinant for inheritance tax exposure. Further measures include: Revisions to the rules for excluded property status Removal of the protected settlements status of offshore trusts Alterations to overseas workday relief For guidance on these reforms, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. Under section 86 of the Taxation of Chargeable Gains Act 1992 ( TCGA 1992), where a UK resident and...
FORTHCOMING CHANGE : On 1 September 2022, the DLUHC opened a consultation proposing fresh obligations for the LGPS to oversee and publish climate-related risks, including the carbon emissions associated with its investments. As the UK’s largest public sector pension arrangement, the LGPS serves 6.2 million members and holds £342bn of assets worldwide. The government’s plans would require administering authorities to measure their carbon footprint, evaluate how climate change may influence pension assets and liabilities, and provide an annual report on the extent to which holdings align with the 2015 Paris Agreement, the global climate treaty adopted by much of the world. The initiative aims to strengthen the management of climate-related financial risk and to bring the LGPS into line with rules already applied to private pension schemes. The package seeks to give effect to the recommendations of the Task Force on...
What does the Market Standards trend report cover? ARCHIVED: This Practice Note is archived and no longer maintained. The Market Standards Trend Report reviews how premium-listed commercial companies reported in 2022 in line with the recommendations set out by the Task Force on Climate-related Financial Disclosures ( TCFD). It sets out an overview of the regulatory framework, analyses how FTSE 350 companies have responded to the reporting obligations, and offers examples of leading practice disclosures. The report further features commentary and hands-on guidance from leading practitioners in this field......
This Practice Note sets out guidance for preparing for a case management conference ( CMC) in the Technology and Construction Court ( TCC), covering when the CMC will be held, what documents should be assembled in advance, attending the CMC itself, and the steps that follow the hearing. Authoritative direction on these points in the TCC appears in CPR 60, CPR PD 60 and the Technology and Construction Court Guide. Because those provisions supplement the general CPR, this Practice Note should be read alongside broader multi-track CMC materials, including Practice Note: Multi-track—case management conference ( CMC) and Multi-track—case management—checklist. It should also be considered with Practice Note: TCC—case management, which addresses general case management matters in the TCC. TCC claims are treated as allocated to the multi-track, and CPR 26 does not apply to TCC proceedings ( CPR 60.6(1) and Technology and...
Lexis+® UK Tax thanks Nigel Doran of Macfarlanes LLP for his observations on a previous draft of this Practice Note. Nevertheless, the opinions set out are those of Lexis+® UK Tax. The Practice Note was later reviewed and revised by Aparna Nathan, KC, Devereux Chambers. Background on the Ramsay principle appears in Practice Note: Ramsay as a guide to statutory construction. Judicial decisions have honed the Ramsay principle over time, and in Arrowtown Assets Ribeiro PJ was able to encapsulate it in a single line: ‘the ultimate question is whether the relevant statutory provisions, construed purposively, were intended to apply to the transaction, viewed realistically.’ That distillation has been endorsed in numerous subsequent authorities (including BMBF). Notably, the formulation omits any mention of tax avoidance, even though that is the setting in which the Ramsay principle evolved. Earlier...
This Practice Note addresses a number of issues arising where a taxi or private hire vehicle engages in ‘touting’ or seeking custom for business. The areas covered are: terminology offence under the Criminal Justice and Public Order Act 1994 ( CJPOA 1994) statutory defences prosecution and sentencing reforms in the law Terminology ‘ Private Hire Vehicle’ ( PHV) is an umbrella term for minicabs, executive cars, chauffeur-driven services, limousines and certain school or day centre transport. Every PHV journey must be pre-booked via a licensed PHV operator and is subject to a ‘triple licensing lock’: the operator that takes the booking must use drivers and vehicles licensed by the same authority that granted the operator’s licence. In contrast, ‘taxis’—such as licensed black cabs or hackney carriages—can be hired instantly by hailing on the street or from a rank. As no operator booking is needed, taxis sit outside the triple...
Deregulation Act 2015 On 1 October 2015, sections 55A and 55B were added to the Local Government ( Miscellaneous Provisions) Act 1976 ( LG( MP) A 1976) by section 11 of the Deregulation Act 2015 ( DA 2015). As a consequence, a private hire operator licensed in one district may pass a booking to another private hire operator situated anywhere in England (excluding Plymouth, which regulates the private hire trade under a local Act) and in Wales, London or Scotland. See Practice Note: Taxi licensing. This broader flexibility for the private hire market has introduced further enforcement challenges for local authorities, notably within large conurbations made up of multiple councils. In turn, some of the affected authorities have strengthened collaboration on enforcement and moved towards more consistent policies, though this is not universal. The Taxis and Private Hire Vehicles ( Safeguarding and Road Safety) Act 2022...
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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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