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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 reviews the rules and authorities on serving an injunction and outlines practical issues that may arise. Interim injunctions are a type of court order that include a penal notice. That notice enables the applicant to bring contempt proceedings against a respondent who breaches the order. To rely on the penal notice after any breach, it must be demonstrated that the injunction was validly served. General principles Specific requirements apply to service of an interim injunction, as confirmed by the Court of Appeal in Canada Goose: the defendant must be named: if known and identified—the defendant(s) must be named individually if not identified, the defendant must be identifiable—such defendant(s) should be described as ‘persons unknown’. Note, they must be capable of being identified and served with the order, see...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It addresses service within England and Wales for documents issued by a court or tribunal in an EU Member State under Regulation ( EC) 1393/2007, known as the Service Regulation. The material in this Practice Note applies only where the transitional provisions in the Withdrawal Agreement between the UK and the EU are engaged. For guidance on circumstances where the Service Regulation does not apply, including all proceedings started after 31 December 2020, see Practice Note: Serving in England and Wales—serving documents from a foreign court or tribunal. Key documents Withdrawal Agreement—defined in section 39(1) of the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) as the agreement between the UK and the EU under Article 50(2) of the Treaty on European Union that sets out the...
This Practice Note examines the rules and procedure for serving legal documents on the defendant’s solicitor in a European Economic Area ( EEA) state, or on a European Lawyer representing the defendant. Be aware that, on 31 December 2020, Part 6 was amended to remove express references to service on solicitors in an EEA state and to service on a European Lawyer. Where notification, given in accordance with the applicable rules, was received before 31 December 2020, transitional provisions apply; without such notification by that date, those provisions do not apply. For guidance on the transitional provisions, see: Transitional provisions for CPR 6.7 and CPR 6.23 after 31 December 2020 below. This Practice Note reflects the position above. Note: This Practice Note refers to the relevant provisions as old rule 6.7 and old rule 6.23. The EEA states comprise the EU Member States...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note sets out how the Service Regulation operates. Service under that regime is only relevant between the UK and EU Member States where service began before 31 December 2020 at 11 pm and the transitional requirements in Article 68 of the UK– EU Withdrawal Agreement were satisfied by that deadline. In those circumstances, service may still be effected in the appropriate EU Member State. For the position on the operation of the Service Regulation between EU Member States, see Practice Note: The Service Regulation (recast). For the transitional rules and their effect on serving documents outside England and Wales, see Practice Notes: Serving outside the jurisdiction—serving in an EU Member State before 31 December 2020 [ Archived] and Cross-border service—serving in an EU Member...
Service provision changes ( SPCs) This Practice Note explores service provision changes ( SPCs) under the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246, reg 3(1)(b), arising when activities are outsourced, brought back in-house, or a contractor or service provider is replaced. It explains the approach for cases where the relevant transfer under TUPE 2006 occurs on or after 31 January 2014, and addresses scenarios typically encountered in outsourcing, insourcing, or a change of provider. The Note also clarifies how SPCs operate in those contexts. For the pre-31 January 2014 position, refer to the government’s TUPE 2006 guidance ( June 2009)—applicable only to transfers on or before 30 January 2014 and not updated in light of more recent case law—and to Practice Note: TUPE—the pre- January 2014 position [ Archived]— Service provision changes. A switch in service provider can...
This Practice Note examines the jurisdictional gateway or basis for service set out in CPR PD 6B, para 3.1(16A), which addresses declarations of non-liability. It should be read alongside Practice Note: Cross border service—jurisdictional gateways (principles). Declaration of non-liability Gateway 16A ( CPR PD 6B, para 3.1(16A)) offers a specific route for claims seeking a declaration that the claimant is not liable. It applies where, if proceedings to prove liability were issued against the claimant, that putative claim would fall within another paragraph of the Practice Direction, excluding the following: (1) to (5) (8) (12D) (15D) (17) (22) (24) to (25) When determining whether gateway 16A is engaged, it must be shown that the notional claim against the claimant would be captured by one of these gateways: 6 7 8A–12C 13–15C 15E–21 23......
This Practice Note examines the jurisdictional service gateway, or ground and basis, for service contained in CPR PD 6B, para 3.1(11), which addresses claims concerning property located within the jurisdiction. It should also be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). Claims about property within the jurisdiction—gateway 11 Gateway 11 ( CPR PD 6B, para 3.1(11)) states expressly that the subject matter of the claim must relate wholly or principally to property within the jurisdiction, and nothing in this paragraph makes justiciable the title to, or the right to possession of, immovable property that is situated outside England and Wales. When construing the language used in gateway 11 and its practical application, helpful guidance can be found both in the Gateways for Service out of the Jurisdiction Final report 4 June 2015 ( Final Report 2015) and in the authorities, as explored...
ARCHIVED : This Practice Note is archived because it addressed transitional arrangements in effect after the UK left the EU on 31 December 2020. Where service of court documents in Iceland, Norway or Switzerland relates to proceedings begun on or before 31 December 2020, the transitional rules in this Practice Note still govern. For proceedings started on or after 1 January 2021, the Lugano Convention 2017 no longer applies between the UK and those states. For guidance on serving in these jurisdictions, consult Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and Wales? The UK participated in the Lugano Convention 2007 through its EU membership, and, as an international agreement, it continued to bind the UK under the Withdrawal Agreement until 31 December 2020. At present, the Lugano Convention 2007 does not apply to service of...
This Practice Note outlines how to serve a Part 36 offer, and how to serve a notice of acceptance, variation or withdrawal. It also explains when service under Part 36 is effective and the applicable service requirements and timing. How to serve a Part 36 offer A Part 36 offer takes effect when it is served on the offeree ( CPR 36.7(2)). Rather than prescribing standalone service rules within Part 36, CPR 36.7 directs users to the general provisions on service of documents in CPR 6. Accordingly, it is essential to understand the rules for serving documents other than the claim form; see below. Where the offeree has a legal representative, the Part 36 offer must be served on that representative ( CPR PD 36, para 1.2). An illustration of how service problems can undermine a Part 36 offer is found in Kings Security Systems v King...
Glossary This Glossary aids dispute resolution practitioners in grasping the particular terminology used for the service of documents, whether serving within England and Wales or effecting service outside that jurisdiction in another country... Term Explanation Guidance Alternative service When arranging service of a document in proceedings, Part 6 of the CPR prescribes acceptable methods and the places for service. If compliance with those rules is not feasible, a party may apply for a court order permitting service by another method or at a different location... Practice Notes: Principles of alternative service Types of alternative service Serving court documents on persons unknown Cross-border considerations for alternative service Certificate of service A certificate of service evidences to the court that the other party has been served with the relevant documents. The form of proof varies depending on where service occurs... Serving in England and Wales: the...
Civil justice reform See our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note outlines how documents are served in Scottish civil court proceedings. In this context, 'service' means the method by which court papers are provided to another party in litigation. The primary focus is on commencing an action, though the same procedures will typically apply to the intimation of a document once proceedings are underway. For guidance on issues to consider before bringing a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and...
This Practice Note outlines the practical actions to be weighed by advisers dealing with the immediate consequences of a serious workplace health and safety accident in England, Wales and Scotland. In the moments after an incident, it is crucial that an incident management team is identified promptly and put in place from the outset and without delay. See Practice Notes: Health and Safety Executive prosecutions policy, Dealing with dawn raids by the Health and Safety Executive—key information, Health and safety investigations in Scotland and Corporate manslaughter—enforcement and prosecution. Which regulators will be involved? England and Wales In England and Wales, coordination of investigation and prosecution activity following a work-related death is governed by Work Related Deaths: A Protocol for Liaison ( WRDP— England and Wales). The protocol is signed by the National Police Chiefs’ Council ( NPCC) British Transport Police ( BTP) Care Quality Commission ( CQC) Care...
Medical treatment of those without capacity to consent As a general rule, it is a patient’s ( P’s) consent that renders invasive medical intervention lawful. Where P cannot provide consent, treatment that is necessary and in P’s best interests may lawfully be given. Section 5 of the Mental Capacity Act 2005 ( MCA 2005) supplies a general defence for acts undertaken in connection with a person’s care or treatment, provided the actor has first taken reasonable steps to assess whether the individual lacks capacity in relation to the decision and reasonably believes both that capacity is absent and that the act is in that person’s best interests. In 2018, the Supreme Court in NHS Trust v Y confirmed that, if the MCA 2005 is complied with, relevant professional guidance is observed and the Code of Practice guidance followed, including the conduct of the...
This Practice Note examines the threshold of a ‘serious issue to be tried’, which must be satisfied to found the jurisdiction of the English courts over a dispute. That threshold applies only where permission to serve proceedings out of the jurisdiction is sought (or was granted and the defendant now contests jurisdiction). It does not apply where permission is unnecessary, for instance under CPR 6.32 or CPR 6.33, or under the parallel service regime in the Companies Act 2006, as discussed in Titan Wealth Services Ltd v Tavistock Investments PLC (2025). Although part of that judgment was successfully appealed, the jurisdictional analysis remained intact. In addition to the serious issue limb, a claimant must demonstrate a good arguable case and that England and Wales is the appropriate forum (forum conveniens). For further guidance, see Practice Note: Determining whether the courts of England and Wales have...
Serious irregularity under AA 1996, s 68 A participant in arbitration may, after notifying the other parties and the tribunal, seek the assistance of the courts of England and Wales to contest an award on the basis of serious irregularity affecting the tribunal, the process or the award itself ( Arbitration Act 1996 ( AA 1996), s 68(1)). In this Practice Note, England and English are used as convenient shorthand. Serious irregularity means an irregularity falling within one or more of the nine exhaustive heads set out in AA 1996, s 68(2)(a)–(i), which the court finds has caused, or will cause, substantial injustice to the applicant ( AA 1996, s 68(2)). For guidance on the potential grounds on which the court may conclude there is serious irregularity and on how to bring applications under s 68, see the Practice Notes: AA...
AA 1996, s 68—what does the section provide? A participant in arbitration, having given notice to the other parties and to the tribunal, may apply to the courts of England and Wales to challenge an award made in the proceedings on the ground of a serious irregularity affecting the tribunal, the conduct of the proceedings, or the award itself (section 68(1) of the Arbitration Act 1996 ( AA 1996)). In this Practice Note, England and English are employed as convenient shorthand. Generally speaking, there will be no real issue about the classification of a tribunal’s or arbitrator’s decision (ie whether it constitutes an award or not). If a challenge based on serious irregularity is brought and the status of the decision is ambiguous, the court will consider and determine that status as a threshold point before it goes any further with the matter. A...
1. What is the applicable legislation? Serbia presently lacks an FDI framework akin to the models spreading across Europe after the EU FDI Screening Regulation came into force. Rather, it retains a classic, one‑sector approval scheme concentrated solely on defence, mirroring arrangements many European states set up in the latter half of the twentieth century. This approval mechanism in defence is governed by the Production and Trade of Arms and Military Equipment Act ( Official Gazette of Serbia no. 36/2018) (the Arms Act). More generally, investment in Serbia falls under the Investment Act ( Official Gazette of Serbia, nos. 89/2015 and 95/2018). Nonetheless, as mentioned, no overarching or comprehensive FDI regime exists at present. Accordingly, Serbia’s approach remains sector‑specific and historically rooted. No cross‑cutting screening rules apply today. 2. Which government or other body (or bodies) reviews foreign...
This table sets out every concluded probe by Serbia’s competition regulator (the Commission for Protection of Competition—the CPC) covering alleged cartels, anti-competitive arrangements, and abuses of dominance since 2018. Note—only inquiries that have already entered the public domain are included within this table for reference. 2020 Investigations under Article 10 of the Law on Protection of Competition Case name, companies under investigation and industry Issues Developments Real estate agencies Lodge Real Estate Limited Monarch Real Estate Limited Restrictive agreements—price fixing High Court judgment—10/09/2020; fines totalling $4m imposed Investigations under Article 15 of the Law on Protection of Competition Case name, companies under investigation......
Sequestration is the process by which a creditor asks the court for sequestrators to take possession of a debtor’s property. In family proceedings, it can arise in two distinct settings. First, it functions as a way of dealing with contempt of court that might otherwise lead to committal; the property is kept until the contempt is treated as purged, ie the order has been obeyed. In this setting, sequestration is called ‘confiscation of assets’ and is provided for by the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 37, together with FPR 2010, PD 37A. See Practice Note: Sequestration (confiscation of assets) within contempt proceedings. Secondly, and separately, it acts as a method of execution to enforce an outstanding financial order without any contempt, pursuant to FPR 2010, SI 2010/2955, 33.1(2) and the Civil Procedure Rules 1998 ( CPR), SI...
India—deal value thresholds enter into force This month, India’s deal value thresholds took effect. In 2023, we outlined major updates to India’s merger control under the Competition ( Amendment) Act 2023 ( Amendment Act), which reformed the Competition Act 2022. As of 10 September 2024, the Amendment Act’s merger control provisions are in force. Alongside this, the Competition Commission of India ( CCI) issued the Competition Commission of India ( Combinations) Regulations 2024 ( Revised Combination Regulations). A headline reform is the introduction of a deal value threshold as an additional jurisdictional trigger. The pre-existing asset/turnover thresholds remain in place. A mandatory filing is required where both of the following apply: the transaction value exceeds IND 20bn (€223.9m/ US$ 238.1m); and the target has substantial business operations in India. Where these criteria are met, the target-based exemption will not be available. For the purpose of...
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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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