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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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Self-invested personal pension schemes ( SIPPs) At their launch in April 1988, personal pensions could only be set up by authorised banks, insurers or unit trust providers. These were the only bodies permitted to establish such arrangements, and this exclusivity influenced how early schemes were initially set up. The prevailing assumption was that products from these organisations would confine investment opportunities to areas closely aligned with their principal activities of banking, long‑term insurance and running unit trusts. Yet still the legislation itself imposed no such limits, and HM Revenue & Customs ( HMRC) issued a statement — Joint Office Memorandum 101 — outlining when it would approve personal pension schemes that offered members a broader range of investments. Under current conditions, these so‑called self‑invested personal pension schemes ( SIPPs) can, in principle, give an individual almost complete discretion over the...
FORTHCOMING CHANGE: Following the Autumn Budget 2024, the government instructed an independent examination of the loan charge, commissioning a review. Announced on 23 January 2025, its remit was to identify the barriers preventing people within the scope of the loan charge who have not already settled and paid their tax liabilities in full from reaching a final resolution with HMRC, and to outline recommendations on how they might be encouraged to settle with HMRC (see News Analysis: Autumn Budget 2024— Independent review of the loan charge). To support the review process, a call for evidence, targeted at those still subject to the loan charge (and their advisers), was issued on 28 March 2025. The Final Report of the review, together with the government response, was released at Budget 2025 on 26 November 2025. It concluded that the loan charge had failed as a...
Selective licensing Selective licensing is a regulatory scheme overseeing the private rented sector within a defined locality designated by the relevant local housing authority ( LHA) under Part 3 of the Housing Act 2004 ( HA 2004). It functions in much the same way as the mandatory licensing provisions for houses in multiple occupation ( HMOs). For further detail on the licensing process, see Practice Notes: Houses in multiple occupation ( HMOs)—applying for a licence and Houses in multiple occupation ( HMOs)—licensing regime. Distinctively, in the context of selective licensing, it extends to all privately rented homes in a designated area, irrespective of whether the dwelling is occupied by a single household or several. The purpose of these measures is to enable an LHA to pursue improvements to the quality of rental stock available to private sector tenants by imposing licence...
ARCHIVED: This Practice Note is now archived and is no longer being actively maintained. On 10 May 2022, the Commission introduced a new Vertical Block Exemption Regulation 2022/720 ( VBER 2022). From 1 June 2022, the VBER 2022 superseded the earlier Vertical Restraints Block Regulation 330/2010 ( VBER 2010, also called the VRBE within this Practice Note). This Practice Note was originally prepared for the VBER 2010 specifically. Note—the VBER 2010 expired on 31 May 2022 and, with effect from 1 June 2022, was replaced by the VBER 2022. Under Article 10 VBER 2022, there was a 12 month transition period (ending on 31 May 2023) for pre-existing vertical agreements already in force on 31 May 2022 that satisfied the conditions for exemption under the VBER 2010 on 31 May 2022 but failed to satisfy the conditions for exemption under the VBER 2022....
The top performer in an interview may not, in fact, be the strongest hire. Outstanding lawyers can find it hard to present themselves effectively, while less able peers may deliver polished, stylish performances. This Practice Note looks at: the structure of the interview questions to steer clear of behavioural interviewing reasons firms can make weak hiring choices the point at which stereotyping crosses into discrimination The structure of the interview A sound selection interview needs clear structure and should be applied consistently to every applicant. Interview stage Suggested framework Making the interviewee feel comfortable When a candidate is tense or very anxious, it’s difficult to see the real person or draw out fuller answers. Put them at ease before moving into the substantive questions, for example: offer a glass of water allow a short pause to settle and gather their...
Practice Note This Practice Note reviews the range of construction contract forms on offer and highlights which are best suited to particular kinds of works, taking account of the procurement route used, the sector concerned, and the size and complexity of the works... Standard forms of building contract have existed in the UK for over a century and are in very widespread use. Today there are numerous options open to parties on a construction project; the diversity that has emerged mirrors differing procurement methods, varied risk profiles, the breadth of project sizes, and the varying demands and expectations of those who own and use or occupy buildings... Construction projects are inherently complex—both in the rights and obligations of the employer and the contractor carrying out the works, and in what will actually happen on site. Accordingly, contracts governing these projects and the...
Forms of business vehicle in the UK There are numerous forms of business vehicle, and choosing the most suitable structure to operate a business is vital; that selection can affect whether a business succeeds or fails. No single vehicle will meet every enterprise’s needs and expectations. Each option presents its own advantages and drawbacks. Deciding which vehicle to employ for a particular venture is complex and turns on a range of legal, tax and commercial factors; a perfect match may not exist. Moreover, the vehicle first adopted to run a given business may cease to be the best fit as that business grows and matures. The chosen vehicle should therefore be reviewed periodically. If the original vehicle proves unsuitable, a different vehicle can be used to assume the business, although changing vehicles can be expensive, depending on the...
A by-product of arbitration’s cross-border character is the multiplicity of currencies parties and tribunals must handle, sometimes within a single case, with claims brought—and frequently granted—in different denominations. For broader guidance on currency questions in arbitration, see Practice Note: Currency in arbitration. Currency in International Centre for Settlement of Investment Disputes ( ICSID) arbitration proceedings In investment arbitrations, tribunals regularly face currency-choice issues, chiefly linked to movements in the host state’s currency in which the investment was made and losses occurred and/or to the non-exchangeable status of some currencies. The following case illustrates how ICSID tribunals have addressed such questions. In Siemens AG v Argentine Republic ( ICSID Case No ARB/02/8), the tribunal decided that compensation should be payable in US dollars rather than the contract currency, Argentine pesos. It was contended that the agreement did not secure Siemens parity between the peso and the...
Practice Note This Practice Note provides a primer on the NEC suites of contracts— NEC3 and NEC4—and highlights the points to weigh up when choosing between them. It outlines the six NEC3/ NEC4 Main Options available to the parties when using the NEC Engineering and Construction Contract ( ECC). Note that NEC4 adopts the term ‘ Client’ rather than ‘ Employer’ (the designation used in NEC3); for ease of reading, where both versions are discussed, ‘ Client’ should be understood to include the NEC3 Employer. For an explanation of NEC terminology, see Practice Note: NEC contracts—glossary......
Clear communication sits at the heart of the in-house lawyer’s skill set. You might possess deep legal expertise, strategic acumen and strong commercial sense, but if you cannot express your advice in a way your client will actually heed, you will struggle to perform your role well. When a query lands by email, replying in kind is often the simplest option—yet what other channels could we use, and how do we choose the most effective medium? Understanding your audience Whatever method you select, start by pinpointing who you’re speaking to. For instance, are you addressing: An internal or external stakeholder A legal professional (and if so, what is their level of experience) A technical expert A front-line employee C-suite A supplier A customer How much do you know about this person? Do you understand their...
Setting the scene To frame matters, a claimant may dispute a Will on grounds that the testator lacked testamentary capacity to execute a valid Will, did not have knowledge or approval of its terms, and/or that execution resulted from undue influence, coercion or fraudulent calumny of some kind. Medical evidence (among other material) will be required to demonstrate a lack of capacity, and can also be highly pertinent to, for instance, knowledge and approval and undue influence allegations at the investigative stage in appropriate circumstances. How do such contests begin? No two disputes are the same. Nevertheless, it can be helpful to outline how the early stages commonly progress at a practical level in practice. After a death, a person worried about a Will may possess limited information. They might enter a caveat against the estate, open initial correspondence with the personal...
FORTHCOMING CHANGE: Following the Government’s reply to the Ministry of Justice and the Office of the Public Guardian ( OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill gained Royal Assent on 18 September 2023, and is now the Powers of Attorney Act 2023 ( PAA 2023). The majority of the Act’s provisions have yet to commence, awaiting secondary legislation. Once commenced, PAA 2023 will amend the Mental Capacity Act 2005 ( MCA 2005) to deliver a more up-to-date lasting power of attorney ( LPA) service, thereby creating a modern LPA service......
Rationale In any cross-border matter involving a formal insolvency process, practitioners consider which jurisdictions can host the proceedings, weighing the benefits and drawbacks of each option (see Practice Note: Table of advantages and disadvantages of restructuring in various jurisdictions worldwide). The concept of centre of main interests ( COMI) in Regulation ( EU) 2015/848, the EU Recast Regulation on Insolvency, and in the UNCITRAL Model Law on Cross- Border Insolvency (see: UNCITRAL Model Laws—overview) means that, where time allows, practitioners may engage in forum shopping to shift a company’s COMI—regardless of its place of incorporation—to a jurisdiction with a more favourable restructuring or insolvency framework (see Practice Note: Forum shopping and practical ways to move COMI). World Bank/ UNCITRAL findings In April 2021, the World Bank, working with UNCITRAL, issued the Principles for Effective Insolvency and Creditor/ Debtor Regimes. These principles distil...
Relevant articles The Journal of International Banking and Finance Law features numerous helpful pieces on, and linked to, Mi FID, which can be accessed from this page. These materials are available solely to Lexis+® UK Legal Research subscribers. Date, article and a brief overview: 1 May 2018 — ‘ The enforcement of basic norms of commerce and of fair and honest dealing’: holding banks to higher standards ( Part Two) (2018) 5 JIBFL 294 — In this piece, Gerard Mc Meel continues exploring when a bank is a fiduciary, highlighting policy reasons that support heightened standards of behaviour for financial intermediaries. 1 April 2018 — The English law rights of investors in Initial Coin Offerings (2018) 4 JIBFL 214 — Here, the authors examine, under English law, the rights and liabilities of parties involved in an Initial Coin Offering. 1 April 2018 — Do the FCA's...
Self- Employment Income Support Scheme ( SEISS) This Practice Note examines the Self- Employment Income Support Scheme ( SEISS), through which self-employed individuals and partners in partnerships whose activities were adversely affected by coronavirus ( COVID-19) could receive a grant from HMRC. The scheme concluded on 30 September 2021, when the window for claims for the fifth and final payment ( SEISS 5) closed. This Practice Note outlines the position for SEISS 5 claims as it applied immediately before the scheme ended. The government announced the SEISS on 26 March 2020, and the online service for the initial grant ( SEISS 1) operated from 13 May–13 July 2020. The SEISS was then extended three times: On 29 May 2020 it was stated that the SEISS would be extended (first SEISS extension) to provide a second grant ( SEISS 2)....
Seed Enterprise Investment Scheme ( SEIS) Mirroring the Enterprise Investment Scheme ( EIS), SEIS seeks to boost funding for smaller, higher-risk trading companies by providing a suite of tax reliefs to individuals subscribing for newly issued shares in those businesses. The SEIS rules are tightly defined and require compliance across several areas, including: the overall arrangements, the nature of the shares issued, and the funds raised the individual investors the issuing company This Practice Note concentrates on the conditions governing the general arrangements, the characteristics of the shares, the purpose behind issuing the shares, and the amount and application of the monies raised. These requirements are explained by reference to the income tax relief contained in Part 5A of the Income Tax Act 2007 ( ITA 2007). Capital gains tax ( CGT) relief—whether via the disposal exemption or re-investment...
Seed Enterprise Investment Scheme ( SEIS) Like the Enterprise Investment Scheme ( EIS), the Seed Enterprise Investment Scheme ( SEIS) aims to stimulate backing for smaller, higher-risk trading businesses by granting a suite of tax reliefs to individuals who buy newly issued shares in those companies. The SEIS framework is detailed and imposes a number of conditions that must be satisfied, covering: the individual investors (see Practice Note: SEIS—conditions for relief: individual investor conditions) the shares issued, the funds raised and arrangements generally (see Practice Note: SEIS—conditions for relief: issued shares, the funds raised and arrangements in general) the issuing company (see Practice Notes: SEIS—conditions for relief: issuing company and SEIS—conditions for relief: qualifying trades) There is no statutory route for securing advance clearance that a proposed share issue will qualify for SEIS relief. However, a company intending to meet the SEIS...
This Practice Note highlights principal authorities and accompanying materials concerning the validity of security The matters are organised by topic and cover: Voidable transactions Undue influence Execution issues Capacity of the borrower Further advances Contractual restrictions Voidable transactions Names of parties: Re MC Bacon Ltd [1990] BCLC 324 Judgment date: 30 November 1989 Case summary: Where an entity grants security for its own borrowing, the value of the chargor’s assets is not reduced; by creating security it simply accords priority to some obligations over others. To establish a voidable preference within section 239 of the Insolvency Act 1986 ( IA 1986), it was necessary to demonstrate that the company was motivated by a desire to bring about the effect described in IA 1986, s 239(4)(b). Relevant content: See Articles: Transactions at an...
A structure chart depicting the corporate structure of a borrower, together with the security provided in favour of the lender (or another entity), is a useful method to illustrate visually to a......
Challenges and appeals for error of law against arbitral awards to the court under sections 67, 68 and 69 of the Arbitration Act 1996 ( AA 1996) Such proceedings can markedly slow down enforcement and, at times, jeopardise an award creditor’s prospects of recovering on the award, by prolonging the process and creating hurdles to collection. Indeed, some losing parties may invoke AA 1996, ss 67–69 precisely to achieve that outcome. Such tactics obstruct swift realisation of the award and delay payment. Accordingly, the English and Welsh court’s ability to require security equal to the award ( AA 1996, s 70(7)) and security for costs ( AA 1996, s 70(6)) for any challenge or appeal are vital measures every respondent ought to evaluate. When used in the right circumstances, the s 70 security regime can spare parties significant time and expense. This Practice Note...
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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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