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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 Practice Note outlines the SRA Accounts Rules ( Accounts Rules) together with supporting guidance issued by the SRA. The Accounts Rules form part of the SRA Standards and Regulations. They emphasise the core principles of: keeping client funds distinct from the firm’s own money returning client funds swiftly once a matter concludes using client money solely for the purpose intended proportionate obligations on firms to obtain accountants' reports The Accounts Rules are succinct, but they are supported by guidance on key topics—see Supporting guidance below. In general, the Rules are drafted in clear, straightforward language that is easy to follow. Supporting guidance The Standards and Regulations are supplemented with case studies and guidance presented in various formats, including Q& As, warning notices, decision trees and topic guidance. For the Accounts Rules, the SRA has produced the...
This Practice Note summarises what the SRA Accounts Rules require concerning the duty to obtain and deliver an accountant’s report. It also mirrors related SRA guidance, namely: Accountant’s report and when an exemption applies Planning and completing an accountant’s report The Accounts Rules are succinct, supported by extensive SRA guidance. They are set out in plain language and are straightforward to follow, yet include subjective terms such as ‘promptly’, ‘fair’ and ‘appropriate’. The SRA recognises this calls for professional judgement. Most firms must obtain an accountant’s report, although only a small proportion are required to deliver that report to the SRA. Responsibility for compliance Your firm’s managers are jointly and severally responsible for compliance. A manager includes a sole practitioner, member of an LLP, director of a company, partner in a partnership, etc. The firm’s compliance officer for finance and...
This Practice Note summarises what the SRA Accounts Rules ( Accounts Rules) require in relation to receiving and transferring costs, and mirrors the SRA’s supporting guidance: SRA, Helping you keep accurate client accounting records. Money received or held in respect of unbilled fees or disbursements There is a defined meaning of client money. It includes funds you hold or receive towards your fees and any unpaid disbursements where these are received before you issue a bill for them. The SRA elaborates in separate guidance: ‘client money is money of any currency that is received and held as cash, cheque, draft or electronic transfer by a firm when they are providing legal services’. Examples include amounts for the firm’s fees, and any outstanding expert fees, received before a bill has been sent to the client for those sums. Where money held or received for unpaid...
CASE HUB ARCHIVED —this case hub sets out the position as at the decision dated 19 September 2025; it is no longer maintained. NOTE—appeal lodged with the CAT in 1753/4/12/25. See the timeline and commentary for details. Case facts Outline UK remittal examining the CMA’s decision on the completed purchase by Spreadex Limited of the B2C operations of Sporting Index Limited. The deal presents horizontal overlaps concerning the supply of licensed online sports spread betting services in the UK. Latest developments On 5 June 2025, the CMA issued its final report, concluding that the merger has given rise to, or could be expected to give rise to, an SLC in the provision of licensed online sports betting services in the UK. Regarding remedies, the CMA determined that divestiture is the sole effective and proportionate solution to remedy the SLC in the UK online sports spread betting market. The CMA will...
Insolvency in the sports industry—overview The sports landscape has witnessed numerous notable collapses since 2010, among them the administrations of the Force India, Caterham and Marussia Formula 1 ( F1) outfits, Bradford Bulls RFC and Plymouth Albion RFC, as well as Bolton Wanderers FC in 2019. Sport has been especially affected by the coronavirus pandemic, largely due to reduced matchday income. Among those affected are Bury Football Club and Wigan Athletic Football Club, both of which entered administration in 2020. With coronavirus restrictions extending into 2021, teams across a range of disciplines face further headwinds, increasing the likelihood of insolvency within the sector. Collectively, this has created an increased risk of insolvency in the sports industry. In addition, the pandemic could drive failures among other participants in the sporting ecosystem—such as sponsors and...
The International Sportsperson route This route caters to elite sportspeople and coaches aged 16 or above who meet the following criteria: are recognised internationally at the highest level; and whose role will make a significant contribution to advancing their sport at the top level in the UK Sports players and coaches have few immigration options, as the Skilled Worker, Global Business Mobility and Scale-up routes expressly exclude these occupations. In addition, most other work, investment and study categories contain conditions that forbid employment as a professional sportsperson or coach. In most such routes, dependants are bound by the same restriction. The International Sportsperson route took effect on 11 October 2021 via the Statement of Changes in Immigration Rules HC 617, replacing T2 Sportsperson and the sporting limb of T5 ( Temporary Worker) Creative or Sporting Worker. Between 1 December 2020 and 10 October 2021, these two...
STOP PRESS: This Practice Note is currently being updated for changes to the Sponsor Guidance which came into force on 6 March 2026. See News Analysis: Detailed list of Home Office’s Sponsor Guidance changes of 6 March 2026. When can the Home Office carry out a visit or digital compliance inspection? The Home Office may conduct compliance visits to a licensed sponsor’s premises, or any location the sponsor controls, at any time, with or without notice. It might also attend addresses where sponsored workers will be, or are, carrying out their duties, which can include a third party’s site. Where that applies, officials will expect to review evidence of arrangements between the sponsor and the third party that secure the third party’s full co-operation. Such checks can happen at short notice, whether announced or unannounced. The sponsor must make sure any such third party...
A split reversion, sometimes termed a severed reversion, arises where the reversionary interest in one segment of a leasehold estate is vested in one reversioner, while the reversion to the remaining part is vested in another reversioner. The presence of a split reversion may create several difficulties in relation to: apportionment of rent (see Apportionment of rent and deeds of apportionment below) compliance with the landlord covenants in the lease (see Compliance with landlord covenants below) a buyer’s indemnity covenant (see Buyer’s indemnity covenant below) business tenancies (see Tenancies under Part II of the Landlord and Tenant Act 1954 below) forfeiture and notices to quit (see Forfeiture and notices to quit below) surrender (see Surrender below) Examples of split reversions Two or more landlords owning separate parts of the reversion This can occur where two or more...
Breach of duty For the legal framework on breach of duty in clinical negligence, see Practice Note: Duty of care and breach in clinical negligence claims. Care for spinal injuries and disorders usually demands a multidisciplinary approach, underpinned by robust communication across teams. These presentations may sit within a complex medical history, raising the likelihood of difficulties. Identify referrals and handovers between potential defendants, for example: GPs ambulance services community services such as district nursing hospital Trusts including local community hospitals major trauma centres tertiary care providers private providers rehabilitation care services Note that patients may consult the same specialist as both an NHS and a private patient. Define roles and referral routes within each defendant organisation. The pathway will typically span multiple teams, such as A& E, nursing, orthopaedics and...
ARCHIVED: This Practice Note has been archived and is not being maintained. It sets out a range of issues concerning national speed limits on public roads, including the definitions of ‘special road’ and ‘restricted road’ under the Road Traffic Regulation Act 1984 ( RTRA 1984), a summary of guidance from the Department for Transport ( Df T) and the Welsh Ministers on setting speed limits, and situations where motor vehicles are exempt from those limits. Speed limits on public highways can be more contentious than other traffic restrictions and are subject to closer central government control than most other types of traffic order. National speed limits There are several nationally imposed speed limits on public roads. These limits can be reduced locally by means of a road traffic order made by the traffic authority for the relevant road or...
The public sector equality duty ( PSED) The PSED, set out in Part 11 of the Equality Act 2010 ( Eq A 2010), comprises a general equality duty—the overarching substance of the obligation—supported by specific duties intended to assist delivery of that general duty. For background, see Practice Note: Public sector equality duty. This Practice Note explains how the specific duties require public bodies to act transparently in meeting the PSED, requiring them to: publish relevant, proportionate information evidencing compliance with the PSED set and publish specific, measurable equality objectives The specific duties do not replace the general PSED. Public bodies subject to them must fulfil the specific duties to support overall compliance with the general duty. These duties also enable monitoring and demonstration of that compliance. As a result, public authorities can be held to account by their service users for decisions taken, and equality aims remain firmly in the...
What is a special site? A special site is contaminated land falling within Pt IIA of the Environmental Protection Act 1990 ( EPA 1990) that is: formally designated by a local authority ( LA), or by the Secretary of State/ Welsh Ministers; and whose designation has not been brought to an end by the Environment Agency ( EA) or Natural Resources Wales ( NRW) These sites involve risks or issues that the EA in England, or NRW in Wales, are best placed to address. Once a site is designated, the EA/ NRW replaces the LA as the enforcing authority for that land, and the details of the designation must be entered into the contaminated land register......
E& W Brussels I (recast)—special jurisdiction (art 7) [ Archived] ARCHIVED: This Practice Note has been archived and is not currently being maintained. This Practice Note considers the special jurisdiction provisions in Article 7 of Regulation ( EU) 1215/2012, Brussels I (recast), when addressing various categories of claims and disputes. The special jurisdiction provided by Article 7 allows a claimant to bring proceedings against a defendant in a forum where the defendant is not domiciled. That jurisdiction is non‑exclusive and therefore, if engaged, does not exclude the jurisdiction of any other EU Member State. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state for the purposes of Regulation ( EU) 1215/2012, Brussels I (recast). Owing to transitional provisions in the Withdrawal Agreement between the UK and the EU, the UK remained subject to...
E& W Brussels I (recast)—contract claims ( Art 7(1)) [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It outlines how contractual claims are addressed under Article 7(1) of Regulation ( EU) 1215/2012, Brussels I (recast). It reviews the necessary connecting factors, the nature of the contract as regards obligations, and identifies both the place of performance and the place of delivery. It further differentiates between contracts for the sale of goods and those for the supply of services. The rules governing contract claims appear in Article 7 of Regulation ( EU) 1215/2012, Brussels I (recast), formerly Article 5 of Regulation ( EC) 44/2001, Brussels I. The recast introduced certain amendments to those rules; however, the Court of Justice’s reading of Article 5 of Regulation ( EC) 44/2001, Brussels I should be taken into account when...
This Practice Note It outlines local authorities’ duties to deliver support to special guardians. It describes the approach to assessing requirements for special guardianship support services, including any financial assistance. It further identifies the matters a local authority must consider when completing assessments for financial support under the Special Guardianship Regulations 2005. Under the Children Act 1989 ( Ch A 1989), local authorities are required to arrange the provision of support for special guardians. Such support may consist of counselling, advice and information, or other prescribed services, which can include financial support as set out in regulation......
This Practice Note outlines the process for applying for a special guardianship order ( SGO), setting out the application forms, identifying the respondents, and noting any other person who must be served with notice. It explains the notice that must be provided to the local authority so it can prepare a report, together with the matters that report must address. It also considers potentially relevant directions and the circumstances in which an application may be withdrawn. An SGO is an order under the Children Act 1989 ( Ch A 1989) appointing one or more individuals as a child’s special guardian, or special guardians. An applicant for an SGO must be aged 18 or over and must not be the child’s parent. For further information, see Practice Notes: Special guardianship orders and The effects of special guardianship...
This Practice Note outlines what a special guardianship order ( SGO) is under the Children Act 1989 ( Ch A 1989), and the court’s power to make an SGO either following an application or on its own initiative. It also sets out how an SGO grants parental responsibility for a child and identifies the criteria relevant to making such an order. What is a special guardianship order? A special guardianship order ( SGO) appoints one or more individuals to act as a child’s special guardian. It is often characterised as a ‘half-way house’ between residence orders (now known as child arrangements orders) and adoption orders. The notion of special guardianship concerns the exercise of parental responsibility rather than legal parenthood. Although it is a private law order, it is available in both private and public law proceedings, and will be considered as one of the...
This Practice Note outlines the consequences of obtaining a special guardianship order ( SGO), including the route by which a special guardian gains and uses parental responsibility for a child. It details the impact and consequences of an SGO on the appointment of a child’s guardian, succession, and care orders. It also addresses how an SGO interacts with orders made under section 8 of the Children Act 1989 ( Ch A 1989), where relevant. Special guardianship orders An SGO confers on non-parents a steadier, longer-term legal standing than if they were identified in a child arrangements order ( CAO) as the person with whom the child is to reside; however, unlike an adoption order, it does not sever the child’s legal ties with their birth parents, in essence. See Practice Note: Special guardianship orders. Parental...
Local authorities ( LAs) are under a duty, in specified circumstances, to ensure that children and young persons with special educational needs receive the special educational provision required. In carrying out these functions, a local authority will set out a child’s identified needs within an Education Health and Care Plan ( EHCP), differentiating educational needs from health or social care needs. While preparing the plan, the authority identifies what constitutes educational provision—intended to meet educational needs—and what amounts to provision for health and social care. This divide matters because it determines who is responsible for delivering the necessary provision and how it can be enforced. For an LA, this bears on budgets; for a parent or young person, it concerns practical delivery. This Practice Note describes the process for identifying SEN provision in England and explores the distinction between...
This Practice Note explains the narrow scenarios in which, in financial family proceedings, the court may acknowledge a party’s special or stellar contribution to a marriage or civil partnership, warranting a move away from equal division. It traces the development of the special or stellar contribution argument, indicates when such a case should be raised (typically in very high or ultra high net worth matters), and highlights practical points to consider. Background The court must consider a range of factors when making final orders in financial remedy proceedings. This assessment is carried out in light of White v White and Miller v Miller; Mc Farlane v Mc Farlane, which place fairness at the centre of the process. In most cases, the analysis will begin and end with an evaluation of each party’s needs. When assessing the parties’ respective contributions to the marriage or civil...
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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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