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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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The Smart Precedent handbook Users can choose exactly which policies and procedures they wish to include within either a long-form or a short-form handbook, selecting from our library of more than 50 precedents on offer......
How are electricity and gas typically metered in the UK? Across the UK, most domestic and non-domestic premises have main, primary meters that record whole-building electricity and gas use for the purpose of calculating utilities charges. These devices present a continuous, running total of consumption. Where smart meters or AMR equipment (see below) are not installed, meters must be read by hand, either by the utility supplier or the occupier of the building. The figures are noted and compared with the previous reading to determine usage over the period, and during any interval without a read, consumption is commonly estimated. Some properties also deploy sub-meters (secondary meters), which are local meters fitted to track the amount of energy used in a specific zone or by a particular piece of equipment. This practice is most common in non-domestic buildings, for example to measure...
For comprehensive commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers an in-depth treatment of matters addressed in this Practice Note. Introduction to the Smart Export Guarantee This Practice Note sets out a detailed account of the ‘ Smart Export Guarantee’, a regulated scheme giving owners of small-scale, low-carbon installations in Great Britain a guaranteed contract to sell surplus electricity they produce. It considers, among other points, power purchase terms under the Smart Export Guarantee, the part played by electricity suppliers within the mechanism, and the categories of technology that can participate. The Smart Export Guarantee took effect on 1 January 2020. The proposal first emerged during consultations that announced the confirmed closure (for new...
CASE HUB (appeals lodged by Philips and Infineon at the General Court in Cases T-762/14 and T- 758/14) ARCHIVED – this archived case hub records the position as at the decision of 3 September 2014; it is no longer maintained. See further, timeline and commentary. Case facts Outline of the European Commission’s Article 101 TFEU inquiry into the smart card chips cartel (case reference COMP/39.574). Parties Infineon, a German-based company Philips, a Dutch-based company Samsung, a South Korean-based company Renesas, a Japanese-based company that at the time of the infringement was a joint venture between Hitachi and Mitshubishi......
The Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154 bring together and replace the Environmental Permitting ( England and Wales) Regulations 2010 ( EPR 2010), SI 2010/675. EPR 2016 is the principal legislation setting the framework for environmental permitting and compliance across multiple sectors. Small waste incineration plants ( SWIP) are included under EPR 2016, SI 2016/1154, Sch 13. Requirement for an environmental permit Permits are required for specified operations that may pose a risk to the environment or human health. Unless specifically excluded, small waste incineration and co-incineration activities must hold an environmental permit. Under EPR 2016, SI 2016/1154 it is an offence to: operate a regulated facility, or knowingly cause or allow the operation of a regulated facility, without an environmental permit; or cause or knowingly permit a water discharge activity or a...
Small HMO as a separate use class A house in multiple occupation ( HMO) describes a home lived in by three to six people who are not related, sharing essential amenities. For planning purposes, this sits in Use Class C4 under the Town and Country Planning ( Use Classes) Order 1987, SI 1987/764 (the Use Classes Order). For further guidance, refer to Practice Notes: Operation of the Use Classes Order in England and Operation of the Use Classes Order in Wales......
ARCHIVED : This archived Practice Note examines the government’s unsuccessful 2015 effort to introduce automatic transfers of small pension pots (commonly termed ‘pot follows member’) via the Pension Act 2014. Work was paused in October 2015 and stayed on hold until July 2023, when the government formally chose to abandon ‘pot follows member’ in favour of a multiple default consolidator model to address the issue of deferred small pension pots. This Practice Note is not maintained and is provided for background information only. FORTHCOMING DEVELOPMENT : On 22 November 2023, the DWP released its response to the consultation on ending the proliferation of deferred small pension pots. The consultation aimed to gather views on an automated consolidation solution to tackle the increase in deferred small pots. The government concluded that the multiple default consolidator model is the most suitable approach to the deferred small pots...
STOP PRESS The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) obtained Royal Assent on 26 October 2023. Its purpose is to bolster corporate openness in the UK, chiefly via Companies House reforms and revisions to elements of the Companies Act 2006. It further aims to update the regime for limited partnerships and confer stronger powers to address economic crime. ECCTA 2023 will be implemented in phases over time. A number of measures took effect on 4 March 2024 and could affect this content. For more detail, consult Practice Notes: Implementation of the Economic Crime and Corporate Transparency Act 2023 and The Economic Crime and Corporate Transparency Act 2023—tracker, with particular reference to the legislation and consultation tracker......
An interview with Matej Kavčič, managing partner, Aleksandra Mitić, partner, Aljoša Aleksovski, associate, and Tim Gaberšek, junior associate, of Slovenian law firm Kavčič, Bračun & Partners, o.p., d.o.o. ( KBP), exploring key merger control issues in Slovenia. NOTE—to verify whether notification thresholds in Slovenia and across the globe are met, see Where to Notify. 1. Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in Slovenia? On 29 September 2022, the Slovene National Assembly passed the new Prevention of Restriction of Competition Act ( ZPOm K-2). ZPOm K-2 was published in the Official Gazette of the Republic of Slovenia on 11 October 2022, entered into force on 26 October 2022, and has applied since 26 January 2023. The updated Competition Act ( ZPOm K-2) leaves the core merger...
An interview with Tomas Maretta, partner, Marek Holka, partner, and Andrej Katrušin, associate, at Slovak firm ČECHOVÁ & PARTNERS s. r. o., exploring core issues in Slovak merger control. Note—to determine whether notification thresholds in Slovakia and across the globe are met, consult Where to Notify. 1. What recent changes have influenced the Slovak merger control framework, and are further developments anticipated in the year ahead? Are there any other ‘hot’ merger control topics in Slovakia? Recent Legislative Developments On 15 May 2024, Slovakia enacted substantial revisions to its competition regime through Act No. 93/2024 Coll., amending Act No. 187/2021 Coll. on the Protection of Competition. The reforms are designed to harmonise national rules with recent European Union instruments, in particular the Digital Markets Act ( DMA) and the Foreign Subsidies Regulation. The DMA-focused amendment aims to reinforce the broader toolkit for enforcing...
Labour and employment— Slovakia— Q& A guide [ Archived, 2019 edition] The Slovakia chapter of the international employment law guide is arranged as a Q& A. The queries are listed below. Please be aware this is the 2019 archived edition. The 2020 edition does not contain an updated guide for this country. You can view the guide by following the hyperlink immediately beneath... The questions raised in the guide Legislation and agencies What are the principal employment laws and regulations? Is there legislation banning discrimination or harassment at work? If so, which categories are covered by the law? Which key government agencies or other bodies are responsible for enforcing employment statutes and regulations? Worker representation Is there legislation that requires or permits the creation of employees’ representatives in the workplace? What powers do they...
This table sets out all completed investigations by Slovakia’s competition authority (the Antimonopoly Office of the Slovak Republic— AOSP) into suspected cartels, anti‑competitive agreements and abuses of dominant positions ( Articles 101/102 TFEU and national equivalents) since 2018. Note—only investigations that have been made public are included in this table. 2026 Investigations under Article 101 TFEU/ Article 4 of the Act on Protection of Competition Case name, companies under investigation and industry Issues Developments Supply and manufacture of cables 11 undertakings (listed here) Cartel and restrictive agreement Infringement finding published—11/03/2026; total fines of €97.4m imposed Public procurement (medicines) Phoenix...
This Practice Note on strategic lawsuits against public participation ( SLAPPs) explains what they are, outlines proposed procedural responses, and sketches their evolution... SLAPPs—what are they? The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) now contains a statutory definition of a SLAPP claim ( ECCTA 2023, s 195); however, that definition is confined to matters linked to economic crime... Preceding this ECCTA 2023 definition, the government issued a policy paper in June 2023 (updated 1 March 2024), Factsheet: strategic lawsuits against public participation ( SLAPPs). It described SLAPPs as legal proceedings commonly brought by corporations or individuals to harass, intimidate, and wear down opponents financially or psychologically through misuse of the legal system. They are often presented as defamation claims by wealthy individuals (including Russian oligarchs) or companies to avoid public‑interest scrutiny. SLAPPs arise across a wide range of areas,...
CASE HUB ARCHIVED This archived case hub reflects the position on 26 September 2014 and is no longer maintained. For more detail, see the timeline, commentary and relevant and related cases below. Case facts Outline Skyscanner Limited appealed the OFT’s decision to accept commitments in the hotel online booking matter (case 1226/2/12/14). On 26/09/2014, the CAT upheld the appeal and set aside the decision. Parties Skyscanner Limited – a Scotland-based online travel agent ( OTA), offering price comparison and booking for hotels, flights and car hire. Competition and Markets Authority (assumed the OFT’s functions on 1 April 2014). Interveners Booking.com BV Skoosh International Ltd Expedia Inc Intercontinental Hotels Group PLC Background On 31 January 2014, the former OFT announced acceptance of commitments from Booking.com and Expedia. Skyscanner filed its appeal on 31 March 2014. On 1 May 2014, Booking.com BV, Skoosh International Ltd, Expedia, Inc and...
This Practice Note sets out a timeline of significant shifts in eligibility rules for the Skilled Worker route, which superseded the Tier 2 ( General) category from 9 am on 1 December 2020. This Note is supplied for historical reference purposes, reflecting the many amendments introduced since the route’s inception. For comprehensive particulars of amendments and their precise commencement provisions, please consult the most relevant Statement of Changes in full. For further guidance on how to retrieve earlier versions of the Immigration Rules and Home Office materials, see Practice Note: Locating guidance and using archives for immigration research. For a chronology of principal changes to the former Tier 2 ( General) route, see Practice Note: Tier 2 ( General): timeline of key changes from 2012. 1 December 2020 On 1 December 2020, the Skilled Worker route wholly and definitively replaced Tier 2 (...
Insolvency practitioners ( IPs) must follow both legislation and Statements of Insolvency Practice ( SIPs). SIPs are a collection of guidance notes issued by the Joint Insolvency Committee, see Practice Note: Statements of Insolvency Practice—a quick guide. SIP 16 was brought in to tackle perceived potential misuse of pre-pack administration sales and requires an administrator to take steps relating to: preparatory work marketing disclosure A revised SIP 16 (effective from 30 April 2021) was published to reflect the extra statutory duties placed on administrators by the Administration ( Restrictions on Disposal etc to Connected Persons) Regulations 2021, SI 2021/427. For further reading on the regulations, see Practice Note: Pre-pack administration—connected person sales. When does SIP 16 apply? SIP 16 states that it applies to all pre-pack sales in administrations, regardless of who the purchaser is. The amendments to SIP 16...
Sino- Ocean Group Holding Ltd sought approval for a Part 26A restructuring plan ( RP) at a convening hearing in October 2024, with the sanction hearing taking place in January 2025. Capitalised expressions not defined here bear the meanings given in the convening and sanction judgments. This Deal Debrief sits within our Restructuring plans collection. For an in-depth review of 2023 RP metrics and commentary from leading restructuring practitioners, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company Sino- Ocean Group Holding Ltd (the Company) Industry sector Property Place of debtor’s incorporation and jurisdictional factors The Company was incorporated in Hong Kong and its shares are listed on the Hong Kong stock exchange. The Plan Liabilities are governed by Hong Kong law ( Class A) and English law ( Classes B, C and D)......
What is the impact of Brexit on the Ireland Capacity Remuneration Mechanism? At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s exit from the EU closed. From that moment—termed ‘ IP completion day’ in UK legislation—transitional measures ceased and notable shifts started to apply across the UK legal framework. Any amendments pertinent to this material will be highlighted below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a distinct strand of domestic law—retained EU Law ( REUL)—comprising EU-derived rights and legislation kept in force in the UK after Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. REUL( RR) A 2023 alters how REUL is handled by: revoking large tranches of REUL from 31...
ARCHIVED: This Practice Note is no longer maintained and is provided for background information only. In addition, some links may not point to the provisions as they stood at the date the guidance in this Practice Note was issued. Introduction of the single County Court On 22 April 2014, section 17 of the Crime and Courts Act 2013 created a single, national County Court and amended the County Courts Act 1984 ( CCA 1984). The principal effects of the reform were: References to ‘a county court’ or ‘county courts’ were replaced with ‘the County Court’. Mentions of a particular county court became a County Court hearing centre. Sittings of the County Court, and any other business of the County Court, may take place anywhere in England and Wales and are not confined to any particular district. Judges of the County Court...
ARCHIVED This Practice Note has been archived and is not maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Registration of a trade mark grants the proprietor the exclusive ability to use the mark in relation to the goods and services for which it is registered. It also provides the power to prevent others from using identical or similar marks on identical or similar goods or services, with infringement proceedings available to enforce those rights. Registration is not always essential for protection. An unregistered trade mark used in Singapore may still be safeguarded under the common law tort of passing off. In Singapore, registered trade marks are governed by the Trade Marks Act ( Cap 332). A registration endures for ten years from the filing date of the application and can be renewed indefinitely in successive ten‑year...
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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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