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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 reflects the position at the date of the decision of 21 February 2018; it is no longer maintained. See further, timeline and commentary. Case facts Outline An Article 101 TFEU inquiry by the European Commission examined a cartel concerning the supply of spark plugs to vehicle manufacturers within the EEA ( AT.40113). The conduct comprised sharing information, manipulating tenders, dividing customers, and respecting historic supply rights. Latest development On 21 February 2018, following settlements by the three producers with the Commission, which included admitting participation in the cartel, the Commission adopted its infringement decision. Aggregate penalties amounting to €76m were imposed. The penalties by manufacturer were: Denso – €0 (owing to immunity) Bosch – €45,834,000 (inclusive of a 28% reduction for leniency)......
This Practice Note offers a concise overview of how spare parts are treated under the main IP rights recognised in English law (designs, trade marks, patents and copyright). It also includes illustrations of how the rules operate in practice and down-to-earth guidance for rights holders and for businesses that make and/or sell spare parts. What are spare parts? A ‘spare part’ is an interchangeable component kept in stock and used to repair or replace failed units. Spare parts are integral to logistics engineering and supply chain management, frequently supported by dedicated spare parts management systems and distinct markets focused on the manufacture, supply and/or fitting of parts, including businesses where spares are a principal offering, such as garages and repair centres. Designs The connection between design rights and spare parts is especially close, as in certain circumstances protection can cover a part of a product, not only the...
This Practice Note is designed chiefly for brands and businesses planning to work with influencers for social marketing campaigns and advertising promotions in Spain. The nature of social media influencers Influencers offer companies and brands a compelling route to showcase products or services. Through expansive channels such as their social networks and media platforms, they provide notable visibility and harness the closeness they build with end-users. Many have audiences of thousands, even millions, whom they sway through their style of communication, the way they frame messages, and the content they create. Consequently, they are a highly potent marketing tool, enabling brands to reach prospective clients more quickly and directly than long-standing channels like television, radio or static advertising. In line with the 2025 Code of Conduct on Advertising Through Influencers, prepared by the Spanish Association for the Self- Regulation of Commercial...
This table outlines all concluded investigations by Spain’s competition authority (the National Commission on Markets and Competition—the CNMC) into alleged cartels, anti-competitive agreements and abuses of dominance ( Articles 101/102 TFEU and national equivalents) since 2018. Note—only investigations made public are included. 2026 Investigations under Article 101 TFEU/ Article 1 of the Spanish Competition Act Case name, companies under investigation and industry: Professional hairdressing products • I. C. O. N Issues: Restrictive agreements—price fixing Developments: Infringement decision issued—12/01/2026; fines totalling €1.2m imposed Investigations under Article 102 TFEU/ Article 2 of the Spanish Competition Act Case name, companies under investigation and industry: Automotive fuels • Repsol Comercial de Productos Petrolíferos • Solred • Campsa Estaciones de Servicio Issues: Concerns the Repsol Group abused its dominant position through its pricing policy that squeezed the margins of independent low-cost petrol stations ...
Introduction Although sovereign immunity does not hinder arbitration, the prevailing position is that states remain immune from the reach of Spanish courts. Still, issues concerning state immunity can surface when a claim is lodged in court against a state to challenge or enforce an award, or to secure an injunction in support of arbitration. The State Immunity Act 2015: General Provisions The Spanish State Immunity Act 2015 ( SIA) transposes into the Spanish legal order the U. N. Convention on State Immunity 2004, despite the convention not having entered into force. Under the SIA, s 4, any foreign State and its assets enjoy immunity from jurisdiction and enforcement before Spanish courts on the terms and conditions laid down in this statute. However, the SIA, s 16 provides a single exception to jurisdictional immunity where there is an arbitration agreement between the State and an...
Labour and employment— Spain— Q& A guide [ Archived, 2018 edition] The international employment law guide on Spain is arranged as a Q& A. The questions appear below. Please note this is the archived 2018 version. The 2019 edition does not feature an updated guide for this jurisdiction. You can access the guide via the hyperlink shown immediately beneath: The questions raised in the guide Legislation and agencies What are the key employment statutes and regulations? Is discrimination or harassment at work prohibited by law? If so, which categories receive protection? Which main government authorities or other bodies are charged with enforcing employment laws and regulations? Worker representation Is there legislation that requires or permits the formation of employees’ representatives in the workplace? What powers do they possess? Background information on applicants Are there limits or bans on conducting...
SWS Holdings Limited and Greensands Financing Plc (both within the Southern Water group) sought two inter-conditional schemes of arrangement under Part 26 (each, a scheme) at a convening hearing in September 2025 and a sanction hearing in October 2025. The key points are set out below (capitalised terms not defined here have the meanings given in the convening and sanction judgments). Name of companies SWS Holdings Limited ( SWS) and Greensands Financing Plc ( Midco). Industry sector Water. Place of debtors’ incorporation and jurisdictional factors Both incorporated in England and Wales. SWS executed a deed of contribution in favour of the SWS Borrowers; similarly, Mid Co entered into a deed of contribution, making it a joint principal obligor under the Mid Co Facility Agreement......
Class actions— South Korea— Q& A guide This Practice Note provides a jurisdiction-specific Q& A on class actions in South Korea, published within the Lexology Getting the Deal Through series by Law Business Research (law stated at: 15 September 2022). Authors: Hannuri Law Firm— Joo-young Kim; Hyun-ju Ku. 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? South Korea operates a three-tier court hierarchy comprising district courts, high courts and the Supreme Court. The 18 district courts primarily exercise original jurisdiction over most civil and criminal matters, subject to limited exceptions. Appeals from decisions issued by three-judge panels in a district court are heard by the six high courts. The Supreme Court sits at the apex and serves as the final court on most legal questions, which includes matters...
Updated in March 2026 Introduction The Republic of Korea ( South Korea, and called ‘ Korea’ throughout this Practice Note) offers conducive conditions for accessing the East Asia marketplace, helped by its centrally placed position within the region’s transport corridors. Korea presently holds free trade agreements with 59 partners in total, including the US, the EU, China, ASEAN, India, and Chile, and is positioning itself as a global commercial hub, not only an East Asian one. Korea actively promotes inbound foreign investment via a suite of laws that grant overseas investors various incentives, such as tax reliefs. Businesses can choose from multiple structures when establishing operations in Korea. Alternative entry routes and models are likewise available for tailoring a presence to specific needs in Korea. This guide seeks to spotlight several pivotal considerations a new enterprise must address before commencing activity in Korea. It is not...
This Practice Note considers the availability of interim and emergency measures from arbitral tribunals and the Korean courts under the law of South Korea. The Korean Arbitration Act ( KAA) is founded on the 1985 UNCITRAL Model Law, and embraces the Model Law’s provisions dealing with interim relief. With effect from 30 November 2016, amendments to the KAA took effect, allowing enforcement of interim measures granted in arbitral proceedings governed by the Act—that is, arbitrations seated in South Korea—by incorporating the interim measures regime set out in the 2006 version of the Model Law. Those updated provisions on interim measures apply to matters commenced after that effective date. Under Korean law, interim relief is not the exclusive preserve of either the courts or arbitral tribunals; parties may request such measures from the court ( KAA, art 10) or from the arbitral tribunal ( KAA, art 18). The...
Banking regulation— South Africa— Q& A guide This Practice Note offers a jurisdiction-specific Q& A on banking regulation in South Africa, published within Law Business Research’s Lexology Getting the Deal Through series (law stated at: 11 February 2022). Authors: White & Case— Joz Coetzer; Jennifer Stolp; Marianna Naicker. 1. What are the principal governmental and regulatory policies that govern the banking sector? In 2011, National Treasury released the policy paper titled ‘ A safer financial sector to serve South Africa better’ (the 2011 Policy Document). The 2011 Policy Document sets out policy priorities for the financial services sector, including: Stability and soundness of financial institutions. The South African Reserve Bank ( SARB)— South Africa’s central bank—has as its primary purpose the protection of the value of South Africa’s currency, in the interests of balanced and sustainable economic growth in South Africa. The SARB also assesses the...
Revised in December 2025 Introduction As one of the continent’s biggest economies, South Africa offers a strong springboard for investment and commerce across Africa, especially in sub- Saharan markets. The country benefits from mature infrastructure and long-standing trading links with its neighbours. Businesses can adopt multiple structures when establishing operations in South Africa. This Practice Note outlines principal considerations for new entrants before commencing activities in the country. It is not a comprehensive manual, and tailored South African legal advice should always be obtained when forming and running a business locally. South Africa has three spheres of government: National Provincial Local The National Assembly is the highest law-making authority, and its statutes apply nationwide. There are nine provinces, each with a legislature, a premier and an executive council. Although certain areas fall within the exclusive legislative remit of the National Assembly, provincial legislatures may craft their own laws and...
CASE HUB ARCHIVED This archived case hub records the position as at the date of the disqualification order on 3 July 2020; it is not being maintained. See further: timeline, commentary and related cases. Case facts Outline of a CMA Chapter I investigation into suspected price‑fixing of commission rates by estate agents in Somerset ( Case 50235). Latest development On 3 July 2020, the High Court affirmed a director disqualification order sought by the CMA against Mr Michael Martin for his role in the cartel. The Court has barred Mr Martin from acting as a director, or from being concerned in the management of a company, for seven years. It also held that Mr Martin contributed to his former company’s breach of competition law; that business owned and operated Gary Berryman Estate Agents in Burnham‑ On‑...
This Practice Note This Practice Note considers limited partnerships constituted under the Limited Partnerships Act 1907 ( LPA 1907) and subject to English law, and contrasts them with general partnerships formed under the Partnership Act 1890 ( PA 1890), limited liability partnerships, and those partnerships governed by Scottish law. With effect from 6 April 2017, the LPA 1907 was amended by the Legislative Reform ( Private Fund Limited Partnerships) Order 2017, SI 2017/514 (the LRO). A draft of the LRO was initially issued by HM Treasury in January 2017 together with an explanatory document. Its publication followed a government consultation that began in July 2015 and closed in October 2015 on proposed amendments to UK limited partnership legislation intended to make such partnerships more effective vehicles for private equity and venture capital investments. The changes introduced by the LRO apply solely to those limited...
This Practice Note forms one of a carefully curated trio that sets out the prudential regulatory landscape for UK life and general insurers and reinsurers falling under the Solvency UK regime, which traces its origin to the Solvency II Directive ( Directive 2009/138/ EC) ( Solvency II). This Practice Note addresses and explains the Pillar 2 and Pillar 3 obligations applicable to insurers. For an introduction to the prudential requirements affecting UK insurers, see: Prudential requirements for UK insurers—introduction. For details on Pillar 1 (quantitative capital and solvency standards), see Practice Note: Prudential requirements for UK insurers— Pillar 1 requirements. Pillar 2 overview— Risk management, governance and supervision Risk management underpins prudent operation and sound governance for insurers and is therefore also a core element of prudential regulation within this context, in this regard. Solvency UK obliges insurers to evaluate the risks inherent in their...
This Practice Note forms part of a trio outlining the prudential regulatory regime applying to UK life and general insurers and reinsurers within the scope of the Solvency UK regime, which originates from the Solvency II Directive ( Directive 2009/138/ EC) ( Solvency II). It introduces the prudential obligations for UK insurers operating under Solvency UK. For detail on requirements across the three Pillars— Pillar 1 (quantitative capital and solvency standards), Pillar 2 (governance and supervision) and Pillar 3 (reporting and disclosure)—see Practice Notes: Prudential requirements for UK insurers— Pillar 1 requirements and Prudential requirements for UK insurers— Pillar 2 and Pillar 3 requirements. For a step-by-step tracker of the evolution and roll-out of Solvency UK, with links to UK legislation, rules and guidance, see: Solvency UK—timeline. For material on the EU Solvency II framework, consult Practice Notes: EU Solvency...
This Practice Note is one of three that outline the prudential regulatory architecture for UK life and general insurers and reinsurers within Solvency UK, the regime stemming from the Solvency II Directive ( Directive 2009/138/ EC) ( Solvency II). It explains how the principal Pillar 1 quantitative standards are embedded in the Prudential Regulation Authority ( PRA) Rulebook, covering: valuation of assets and liabilities, including technical provisions for insurance liabilities regulatory capital requirements, including the solvency capital requirement ( SCR), the minimum capital requirement ( MCR) and technical provisions for insurance liabilities own funds requirements, comprising basic own funds and ancillary own funds investment requirements, including the prudent person principles ( PPP) For a primer on the prudential requirements affecting UK insurers, see: Prudential requirements for UK insurers—introduction. For detail on Pillar 2 (governance and supervision) and Pillar 3 (reporting and disclosure), see Practice Note:...
ARCHIVED: This archived Practice Note reviews the impact of Solvency II (a European risk-based solvency capital regime applying to insurance and reinsurance companies and in force from 1 January 2016) on UK pensions. It is not maintained and is for background information only. What is Solvency II? Solvency II establishes a harmonised prudential framework for insurance and reinsurance companies across Europe. It consists primarily of: The Solvency II Directive 2014/17/ EU ( OJ L 60/34) ( Solvency II). Regulatory technical standards and non-binding guidelines, including Commission Delegated Regulation ( EU) 2015/35 (the Solvency II Delegated Regulation). Developed in response to the 2008 financial crisis, which revealed that risks had been underestimated, the regime requires insurers to measure risk, report it, and hold appropriate capital. The objective of Solvency II is to strengthen protection for consumers of insurance products by embedding risk management and...
This Practice Note outlines the lawyer’s role in mediation, emphasising the routine requirement to assess and discuss alternative dispute resolution ( ADR) with the client. Where all parties choose to mediate, or the court orders it, it addresses the lawyer’s responsibilities for selecting the mediator, organising the mediation, advising and supporting throughout the process, and drafting the settlement agreement. Basis of lawyer’s obligations ADR should be regarded as part of the dispute resolution framework, and your involvement with ADR begins at the very start of a matter when you review with your client the available routes to resolve the dispute. A party’s legal representative must advise their client on the duty to consider ADR both before and during litigation, and on the courts’ powers to order or encourage ADR. The client should also be informed of the potential costs implications where a party...
The ( SRA) serves as the Law Society’s independent regulator. It regulates: individual solicitors, registered European lawyers ( RELs), registered foreign lawyers ( RFLs), registered Swiss lawyers ( RSLs) and non-lawyer employees, owners and managers of regulated law firms law firms, e.g. sole practices, partnerships, LLPs and companies delivering legal advice and services as: a solicitor practice (i.e. a firm owned and run by solicitors), or an alternative business structure ( ABS) (e.g. a firm with non-lawyer owners or managers, including multi-disciplinary practices) The SRA does not speak for the solicitors’ profession; that is the Law Society’s role. Its aim is to ensure consumers receive appropriate standards of service and that the rule of law is maintained. This Practice Note sets out the SRA’s...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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