Featured documents
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
Most recent Practice notes
Application by party to lease for variation Any party to a long lease of a flat may apply to the First-tier Tribunal ( Property Chamber) in England or the leasehold valuation tribunal in Wales to vary a lease that fails to make satisfactory provision for repairs/maintenance (including installations), building insurance, services needed for a reasonable standard of accommodation, the recovery and computation of service charges, or other prescribed matters. “ Satisfactory provision” has its ordinary meaning; the lease need not be seriously defective. Tribunals will not cure drafting errors, tenant non-observance or perceived inequities, and a service charge shortfall alone is insufficient. They have no jurisdiction to rectify mistakes. A respondent may seek corresponding variations of other long leases with the same landlord. A majority application is possible where the object cannot be achieved unless all leases are varied; statutory consent thresholds apply. Only changes...
This Practice Note outlines the shared parental pay ( SPP) framework applicable to the adoption of a child. The legislation that establishes shared parental pay (the Shared Parental Pay ( General) Regulations 2014) took effect on 1 December 2014. However, the entitlement to claim SPP only applies to children placed for adoption on or after 5 April 2015. For the present rate of shared parental pay, see Practice Note: Employment-related statutory rates and limits— Maternity, parents and carers. Guidance and other materials Various guidance and resources are available. Acas guidance Acas has produced guidance documents, along with certain template materials. See Acas materials on shared parental leave and pay. Government guidance The government has issued a detailed 66-page guidance document aimed at employers. See: As well as setting out the shared parental leave and pay system in general terms, this guide includes helpful content for handling less typical...
The way a public inquiry is run can differ markedly from one to another. Even where an inquiry is set up under the Inquiries Act 2005 ( IA 2005), the accompanying rules give limited prescription on process. Likewise, formal guidance is sparse. The Cabinet Office’s Inquiries Guidance: Guidance for Inquiry Chairs and Secretaries and Sponsor Departments was characterised by a witness before the House of Lords Select Committee on the Inquiries Act 2005 as ‘frankly…no use at all’. This Practice Note concentrates on statutory, not non‑statutory, inquiries. For further context, see Practice Note: Public inquiries. Key stages of an inquiry the announcement of the inquiry, its terms of reference, and appointment of a chair or panel the formal opening of the inquiry recruiting an inquiry secretary and team, plus a solicitor to the inquiry and counsel to the...
THIS PRACTICE NOTE APPLIES TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES Where a defined benefit occupational pension scheme is underfunded and proceeds to wind up, trustees are required to secure members’ entitlements by allocating the scheme’s assets to its liabilities in line with the statutory priority order in section 73 of the Pensions Act 1995. That statutory order takes precedence over any priority provisions in the scheme’s own rules. Since its introduction on 6 April 1997, the priority framework has been revised several times and depends on the date winding up commenced. The version currently in force, as set out in section 73 of the Pensions Act 1995, applies to schemes whose winding up started on or after 6 April 2005. Schemes that began winding up before 6 April 2005 must refer to earlier legislative versions to ensure the correct order is followed. A...
This Practice Note This Practice Note examines workers’ statutory entitlement, when employment ends, to a payment in lieu of paid annual leave (holiday pay) accrued but untaken at termination. It flags the amendments taking effect on 1 January 2024 and outlines the right under regulation 14 of the Working Time Regulations 1998 ( WTR 1998), SI 1998/1833, together with the statutory method for calculating a leaver’s payment in lieu. It also addresses Article 7 of the Working Time Directive ( WTD) and its relevance to pre-1 January 2024 matters where annual leave from earlier leave years is carried over. The Note further considers situations where, on exit, a worker has taken more leave than accrued, and whether an employer may rely on a relevant agreement to govern payments on termination, eg for bad leavers. In each leave year, workers in Great Britain have a...
Paid holiday benefits both employers and workers by allowing workers a period of relaxation and recuperation. Paid annual leave rights may arise from statute (ie through legislation) or from contract (ie via terms in the employment contract). This Practice Note addresses the position of: all workers for leave years starting on or before 31 March 2024 workers other than irregular hours and part‑year workers for leave years starting on or after 1 April 2024 It does not cover irregular hours and part‑year workers (as defined in WTR 1998, SI 1998/1833, reg 15F), for whom distinct rules apply for holiday years commencing on or after 1 April 2024, including in relation to: how holiday pay is calculated, and the ability to use rolled‑up holiday pay The position of those workers is set out in our separate Practice Note: Statutory paid holiday—irregular hours workers and part‑year workers. This Practice Note examines the...
The right to paid holiday arises under statute and can additionally stem from contractual terms. This Practice Note examines the pay a worker should receive during periods of statutory leave from work. The statutory method for calculating that pay is equally pertinent and must be applied on termination, when working out any sum payable in lieu of accrued but unused annual leave (see Practice Note: Statutory paid holiday—payment on termination as appropriate). This Practice Note deals with the position of: all categories of workers for leave years starting on or before 31 March 2024 workers other than irregular hours and part-year workers for leave years commencing on or after 1 April 2024, within the scope of this note It does not address irregular hours and part-year workers (as defined in WTR 1998, SI 1998/1833, reg 15F), for whom different provisions specifically apply for holiday years...
The allocation of social housing by local housing authorities ( LHAs) in England and Wales is regulated by Pt VI of the Housing Act 1996 ( HA 1996). HA 1996 brought together all prior statutes on the provision of social housing and has subsequently been substantially revised by the Homelessness Act 2002 ( HA 2002), the Housing and Regeneration Act 2008, the Localism Act 2011 ( LA 2011), and the Housing ( Wales) Act 2014. Further amendments have been made through the following statutory instruments: Housing and Regeneration Act 2008 ( Consequential Provisions) Order 2010, SI 2010/866 Housing Act 1996 ( Additional Preference for Armed Forces) ( England) Regulations 2012, SI 2012/2989 Universal Credit ( Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013, SI 2013/630 Anti-social Behaviour, Crime and Policing Act 2014 ( Consequential Amendments) ( Wales) Order 2015, SI...
THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES A scheme’s statutory employer is the employer legally accountable for: achieving the scheme‑specific funding target settling any section 75 liability arising in connection with the scheme initiating entry to a Pension Protection Fund ( PPF) assessment period In certain situations there can be uncertainty about whether an employer is, or is not, a statutory employer, and in cases there is a risk a scheme could be left without any statutory employers: where the principal employer of a defined benefit ( DB) arrangement is replaced by a new principal employer during a scheme amalgamation where a scheme’s employer is a defined contribution ( DC) employer with responsibility solely for DC members This Practice Note explores these three topics in depth, considering each in...
This Practice Note This Practice Note explores the circumstances that trigger the statutory duties to provide information and consult in a collective redundancy scenario—namely the legal requirement to consult when multiple redundancies are proposed: 20 or more, at a single establishment, within a 90-day period or less—under the Trade Union and Labour Relations ( Consolidation) Act 1992 ( TULR( C) A 1992). It examines when an employer is ‘proposing to dismiss as redundant’, how to determine the correct number of employees, the meaning of ‘at one establishment’, and the implications of the definition of ‘employer’ used in TULR( C) A 1992. It also considers other collective consultation obligations. For detailed guidance on the statutory information and consultation duties themselves, see Practice Note: Collective redundancy—statutory information and consultation obligations. Information and consultation are essential components of any fair dismissal and, if an employer wishes to...
This Practice Note outlines the jurisdiction and criteria for securing child maintenance under the statutory regime run by the Secretary of State for Work and Pensions, operating through the Child Maintenance Service ( CMS), a division of the Department for Work and Pensions ( DWP). It further explains the process for obtaining a maintenance calculation, the applicable eligibility criteria, and the relevant formulae used by the CMS. For consistency, the expression non-resident parent ( NRP) refers to the paying (or potentially paying) parent, while person with care ( PWC) refers to the individual (not always a parent) who receives (or may receive) child support maintenance under the statutory scheme. Introduction The Child Maintenance and Other Payments Act 2008 ( CMOPA 2008) amended the Child Support Act 1991 ( CSA 1991), creating the third child support scheme, which was rolled out to all new...
This Practice Note sets out procedural guidance for managing applications to the Child Maintenance Service ( CMS) for child maintenance under the statutory child support scheme, covering how such applications are handled, what information must be supplied, and the associated enforcement powers available. Child support—basics Since the Child Support Agency closed in 2018, every application for child support maintenance under the Child Support Act 1991 ( CSA 1991) is now administered by the Secretary of State (for Work and Pensions) acting through the CMS. The relevant legislation uses the terminology person with care ( PWC) and non-resident parent ( NRP). In its public-facing material, the CMS refers to the NRP as the paying parent and the PWC as the receiving parent respectively......
Statutory paid holiday In Great Britain, workers have a legal entitlement to 5.6 weeks’ paid annual leave under the Working Time Regulations 1998 ( WTR 1998), SI 1998/1833. It should be recognised from the start that this is made up of two components: a core entitlement of four weeks’ paid annual leave (often called ‘ Euro leave’) ( WTR 1998, SI 1998/1833, reg 13), and an extra 1.6 weeks’ paid annual leave ( WTR 1998, SI 1998/1833, reg 13A) Different rules apply to irregular hours and part-year workers for holiday years beginning on or after 1 April 2024. For further details, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. For the position in Northern Ireland, which has its own Working Time Regulations ( Northern Ireland) 2016, SI 2016/49, see Practice Note: Employment law in Northern Ireland— Working Time Regulations and...
Automatic enrolment duties The auto-enrolment framework, created under Part 1 of the Pensions Act 2008 ( Pen A 2008), places three principal enrolment obligations on employers: automatically enrol every ‘eligible jobholder’ into an ‘automatic enrolment scheme’ (the auto-enrolment duty) enrol ‘non-eligible jobholders’ into an ‘automatic enrolment scheme’ when they opt in enrol ‘entitled workers’ who ask to join a scheme into a registered pension scheme In broad terms, from 2017 the enrolment duties take effect for an employer on the date their first worker starts employment. The minimum quality criteria an automatic enrolment scheme must meet depend on the type of arrangement, for example whether it is a defined benefit ( DB) or defined contribution ( DC) scheme. To assist employers in meeting the auto-enrolment duty, the government set up a low-cost pension scheme — the National Employment Savings Trust ( NEST) — which was fully...
This Practice Note considers statutory adoption pay ( SAP) and contractual adoption payments. It also examines eligibility criteria, the meaning of employed earner, the duration of entitlement, notice obligations, the evidence required, the length of time SAP is payable, rates of pay, and liability, including where an individual has more than one employer. It addresses outcomes where a child dies or a placement breaks down, circumstances in which SAP is not due, record-keeping duties, and how recoupment operates. Finally, it explores how contractual sick pay interacts with SAP, adoptions from outside the UK, and contracting out. A parent taking adoption leave (see Practice Note: Adoption leave) may qualify for SAP for part of that leave. They may receive payment for time off to attend adoption appointments (see Practice Note: Time off work for adoption appointments). Where a child is placed for adoption, the adopter and a...
Statutory adoption leave An employee planning to adopt a child under 18 could qualify to take up to three categories of statutory leave: ordinary and additional adoption leave paternity leave (see Practice Note: Paternity leave and pay) shared parental leave (see Practice Note: Shared parental leave (adoption)) That said, a single adopting parent cannot take all three. Subject to circumstances, parents adopting a baby might also qualify for: statutory parental bereavement leave and pay (see Practice Note: Parental bereavement leave and pay) statutory neonatal care leave and pay (see Practice Note: Neonatal care leave and pay) This Practice Note addresses statutory adoption leave under the Employment Rights Act 1996 ( ERA 1996) and the Paternity and Adoption Leave Regulations 2002 ( PAL Regulations 2002), SI 2002/2788. For statutory adoption pay ( SAP), see Practice Note: Statutory adoption pay. If both parents are adopting, they must nominate which one will be the...
This Practice Note sets out the criteria a statutory (i.e. dividend) demerger, whether direct or indirect, must satisfy to qualify as an exempt distribution, thereby avoiding an income tax (or corporation tax on income) charge for shareholders. For background on why a company might implement a demerger, and an overview of alternative demerger structures, see Practice Note: Demergers—an introduction to the tax issues. For information on: what a statutory demerger is the difference between the direct and indirect routes the circumstances in which a company might choose to carry out a statutory demerger the steps involved the tax implications, and why it is important for a statutory demerger to qualify as an exempt distribution see Practice Note: Statutory demergers. Direct demergers The following conditions must be satisfied for the transfer of shares under a direct statutory demerger to be treated as an exempt...
This review examines the principal amendments to the Immigration Rules (the Rules) set out in HC 1496. The Statement of Changes was issued on 17 July 2023, accompanied by an Explanatory Memorandum ( EM). Subscribers can quickly move to specific headings in this Practice Note via the Table of Contents bar on the left of the screen. For guidance on reading a Statement of Changes in Immigration Rules, see Practice Note: Sources of immigration law and their legal status. Immediate alterations for individuals switching from the Student route to work routes, well in advance of the previously signposted January 2024 date. Major updates to the EU Settlement Scheme, including enabling the first phase of implementation of the IMA judgment, revising how late applications are handled, and closing the scheme to new Zambrano and Surinder Singh applicants. ...
This Practice Note examines how state immunity affects arbitration proceedings with their seat in France. For a broader overview of state immunity in arbitration, consult Practice Note: State immunity and arbitration—general considerations. For guidance across multiple jurisdictions, see the State immunity subtopic: State immunity—overview... Note: the French authorities cited below are not reported by Lexis Nexis® UK... The notion of state immunity in France: general principles French law recognises two categories of state immunity: State immunity from jurisdiction—this doctrine bars a court or tribunal from assuming jurisdiction over a state that enjoys such immunity. The applicable rules are developed through case law. French courts at times look to the United Nations Convention on Jurisdictional Immunities of States and Their Property dated 2 December 2004 as a persuasive point of reference... State immunity from enforcement—this principle prevents a court or tribunal from enforcing an award or...
CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment dated 12 March 2020; it is no longer updated. See also: timeline and relevant/related cases. Case facts Outline Proceedings were instituted by the Commission against Italy for failing to comply with the Court of Justice’s 2012 judgment in Case C-243/10, which confirmed a Commission decision that State aid had been unlawfully granted to the hotel sector in Sardinia ( SA.14895). Latest developments On 12 March 2020, the Court of Justice handed down its judgment, finding that Italy failed to fulfil its obligations to implement the 2012 judgment by not adopting, within the deadline set by the Commission, the measures required to recover the aid concerned in full. Parties Appellant: European Commission (the Commission) Respondent: ...
Popular documents
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 ]...
Discover more from LexisNexis
