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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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Competency frameworks are frequently met with a fair dose of scepticism, yet coupling the roll out with a training programme allows delegates to ask questions, delve into the framework, and see how it shapes their role. This Practice Note walks you through the steps for putting a training programme in place to underpin the roll out of a competency framework. It covers: why training is required who the training needs to be targeted at what the content of the courses should be how the training should be delivered the timing of the training delivery feedback on training and support Why is training required? As noted, competency frameworks can be dismissed as ‘just another management fad’. The core problem is that many people fail to spot the link between their role, the framework, and the aims of the...
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 4 November 2020 and is no longer being updated. For more, see the timeline, commentary and related cases. Case facts Outline CMA Article 101 TFEU/ Chapter I probe into suspected price-fixing in the UK market for the supply of rolled lead (a roofing material) ( Case 50477). Latest developments On 10 March 2021, the CMA stated it had obtained legally binding director disqualification orders against: Mr Jocelyn Campbell ( BLM British Lead) Mr Graham Hudson ( Associated Lead Mills Ltd) Mr Maurice Sherling ( Associated Lead Mills Ltd) Mr Campbell has undertaken not to serve as a director of any UK company for six and a half years. Mr Hudson has undertaken not to serve as a director of any UK company for four years. Mr Sherling has...
This Practice Note reviews the principal finance participants actively engaged in a syndicated loan arrangement or syndicated loan facility. It examines the functions and obligations of the arranging bank, facility agent, security agent (also called the security trustee), the syndicate lenders and the issuing bank(s), with specific reference to the Loan Market Association ( LMA) loan documentation forms. Loan Market Association documentation The LMA is the leading organisation within the European, Middle Eastern and African ( EMEA) syndicated loan market across the region. Its aim is to enhance liquidity, efficiency and transparency across the primary and secondary syndicated loan markets. LMA documentation is developed following wide consultation with prominent loan practitioners and law firms, to reflect a shared consensus on documentation structures......
CASE HUB ( NOTE—appeal lodged before the CAT in relation to the level of fine imposed in Roland ( U. K.) Limited and Another v CMA (1365/1/12/20)) ARCHIVED –this archived case hub reflects the position at the date of the decision of 29 June 2020; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline of a CMA investigation under Article 101 TFEU/ Chapter I CA98 alleging Roland ( U. K) Limited infringed UK and EU competition rules by curbing online discounting of its drum kits, plus associated parts and accessories. Latest developments On 29 June 2020, the CMA delivered an infringement decision, concluding Roland ( U. K) Limited violated the Chapter I prohibition/ Article 101 TFEU through resale price maintenance, by obliging sales of its electronic drum kits and related components and accessories at or above a set minimum. The...
Definitions Fraud In Derry v Peek, fraud is described as the situation where a false statement is made either knowingly, without any belief in its accuracy, or with reckless indifference as to whether it is true or false. Malingering Under DSM- IV V65.2 and the DSM-5, malingering means the deliberate creation or overstatement of physical or psychological signs or symptoms, driven by external incentives. Note: malingering, or deliberate exaggeration, should not be mistaken for unconscious amplification, often labelled by doctors and lawyers as 'functional overlay'. Types of fraudulent claims Terminology and categorisation differ across behaviours linked to road traffic claims that arouse suspicion, but in general the principal types are outlined below. Deliberately staged accidents These incidents arise when drivers and occupants of two, or sometimes more, vehicles intentionally bring about a collision, followed by injury claims from passengers and the supposedly 'innocent' driver. Additional claims can include charges for car hire,...
This Practice Note This Practice Note addresses the duty of care owed by road users to others involved in road traffic incidents, including car drivers or motorists, passengers, pedestrians and cyclists. Road users are obliged to take reasonable care so as to avoid causing harm to those using, or present upon, the highway. The applicable standard is that of the ordinary competent driver, and no indulgence is afforded to inexperienced or learner drivers. A road user should also anticipate that fellow users of the highway, or other persons present, may not demonstrate the requisite level of skill, experience and care. Road traffic accidents generate a significant volume of work for personal injury practitioners, giving rise to claims that span the entire spectrum of severity and complexity. The chief cause of action is negligence; although statutory duties, nuisance or contract can at times be...
Why were the rules on rehabilitation of offenders changed? The Rehabilitation of Offenders Act 1974 ( ROA 1974) was enacted to aid reintegration into work for people who have reformed. ROA 1974 treats a rehabilitated person as though they had neither committed the offence nor been charged, prosecuted, convicted or sentenced for it, meaning they need not disclose a spent caution or conviction. Chapter 8 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012) revised ROA 1974, adjusting its scope and the rehabilitation timeframes it sets. Reforms commencing on 10 March 2014, under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( Commencement No 9, Saving Provision and Specification of Commencement Date) Order 2014, SI 2014/423, altered how certain rehabilitation periods are determined so they more closely mirror the seriousness of the sentences...
How are the sustainability criteria relevant to the RO? The Renewables Obligation ( RO) was created to drive investment in renewable power projects. It achieved this by requiring retail electricity suppliers — who buy electricity directly or through intermediaries from generators — to obtain a rising share of their wholesale supply from renewable sources. The proportion to be met is determined by the Secretary of State ( So S) for Energy Security and Net Zero ( ESNZ), which assumed responsibility for the UK’s energy policy from the former Department for Business, Energy and Industrial Strategy ( BEIS) on 7 February 2023. Suppliers demonstrate compliance by submitting Renewable Obligation Certificates ( ROCs) to the Office of Gas and Electricity Markets ( Ofgem), evidencing purchases of renewable electricity. To receive ROCs, generators must be accredited under the RO as producing electricity from renewable sources. Prior to full...
ARCHIVED: This Practice Note has been archived and is not maintained Why do generators needed to be accredited? The Renewables Obligation ( RO) channels investment into renewable generation by requiring customer-facing electricity suppliers—who buy electricity directly or indirectly from generators—to procure a rising share of their wholesale supply from renewable sources. The level required is determined by the Secretary of State ( So S) for Business, Energy and Industrial Strategy ( BEIS). Suppliers prove their renewable purchases by submitting Renewable Obligation Certificates ( ROCs) to the Office of Gas and Electricity Markets ( Ofgem). Electricity suppliers must evidence their acquisitions of renewable power through the lodgement of ROCs with Ofgem. Fresh ROCs are granted only to accredited renewable generators, encouraging suppliers to acquire electricity (and the separately priced, accompanying ROCs) from renewable projects, thereby affording those projects a measure of financial support. In turn,...
An introduction to RMBS This Practice Note outlines the framework of residential mortgage-backed securities ( RMBS) transactions, highlighting the principal participants, documentation and terminology involved. As with other financing methods and transactions, there are many ways in which the precise terms of any given deal may operate; these variations fall outside the scope of this Practice Note. It summarises the structure of such transactions and the principal parties, documents and terms they typically involve. Residential mortgage-backed securities ( RMBS) are debt instruments whereby income generated by one or more pools of residential loans (loans) is applied to fund payments of interest and principal owed to noteholders. Security is taken over those loans and their related mortgages, which serve as collateral for amounts payable on the notes. RMBS transactions can be relatively simple pass-through instruments, or they can be complex, involving numerous parties and arranged in...
ARCHIVED: This archived Practice Note is not being maintained. Repeal and transitional provisions Risk of Sexual Harm Orders are now superseded by (a) sexual harm prevention orders ( SHPOs) and (b) sexual risk orders ( SROs). This follows the repeal of sections 123–129 of the Sexual Offences Act 2003 ( SOA 2003) by the Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014). Refer to Practice Notes: Sexual harm prevention orders and Sexual risk orders. Practitioners should be aware of the saving and transitional provisions: the repeal or alteration of SOA 2003, ss 123–129 (by ABCPA 2014) does not apply to: any application for a risk of sexual harm order lodged before 8 March 2015 any extant order (whether granted before or after 8 March 2015) that was applied for prior to 8 March 2015, or any step taken in...
SRA Standards and Regulations General risk A commonly recognised way to define risk is: risk = likelihood x impact. Accordingly, for any particular risk confronting your business, consider two points: how probable it is that the risk will materialise, ie what is the likelihood? if it does materialise, how serious the consequences would be, ie what is the impact? You must identify, monitor and manage all material risks to your business......
Is there a duty to manage risks? While trustees do not have a specific duty to manage risks, risk management supports the duty to maintain an effective system of governance ( ESOG), including internal controls, in two ways: The Pensions Regulator ( TPR) sees internal controls as covering the identification, recording, monitoring and evaluation of risks. Assessing risks enables trustees to decide which ones need controls to cut both how often they arise and the impact of their effects. For further details, see Practice Note: Pension requirement for an effective system of governance, including internal controls ( ESOG)— Internal controls. The ESOG duty also requires an own risk assessment ( ORA), documenting how well the ESOG operates and how potential risks are managed. However, TPR treats the risk management function as separate from the trustees’ duty to carry out an ORA. For more on the...
ARCHIVED: Lexis+® UK Corporate carried out research to assess prevailing market trends in equity capital markets ( ECM) transactions during 2019... Background and approach For this review of risk factor disclosure, we examined 38 prospectuses connected to 2019 Main Market IPOs or new admissions, along with ten AIM admission documents issued in 2019. This work forms part of our annual trend report, designed to offer insight into the current dynamics of UK ECM activity. The other components of our 2019 trend report are: IPOs in 2019— Main Market and AIM [ Archived] Secondary Offers in 2019— Main Market and AIM [ Archived] Standard listings in 2019 [ Archived] Legal and regulatory developments in Equity Capital Markets 2019 [ Archived] Prospectus Regulation risk factor disclosure requirements The Prospectus Regulation ( EU) 2017/1129 introduced more detailed and prescriptive standards for risk factor...
While the Investigatory Powers Act 2016 ( IPA 2016) largely superseded the Regulation of Investigatory Powers Act 2000 ( RIPA 2000), the Part III provisions of RIPA 2000—dealing with the ability of public bodies to issue notices requiring the decryption of encrypted information or the provision of decryption keys—remain in effect, albeit as modified by the IPA 2016. For further details on the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide... Investigation of encrypted electronic data RIPA 2000, Pt III governs investigations by a public authority into electronic data protected by encryption. The statutory scheme is supplemented by a Code of Practice, which is admissible in evidence in both criminal and civil proceedings. A wide range of methods enable businesses, individuals and criminals to secure and protect their electronic data and to maintain the privacy of their electronic...
ARCHIVED: This Practice Note has been archived and is not maintained. As of 27 June 2018, the provisions in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000) dealing with unlawful interception of communications data were repealed and superseded by Parts 1 and 2 of the Investigatory Powers Act 2016 ( IPA 2016). This change abolished the offences of unlawful interception in RIPA 2000, s 1, replacing them with offences of unlawful interception and unauthorised disclosures under IPA 2016, ss 3 and 59. For guidance on the framework governing interception of communications under the IPA 2016, see Practice Note: Interception of communications under the Investigatory Powers Act 2016. For an overview of the background and scope of the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. If an interception offence occurred prior to 27 June 2018,...
This Practice Note sets out brief details in the table below of the existing community rights to buy in Scotland: the community right to buy land provided by Part 2 of the Land Reform ( Scotland) Act 2003 ( LR( S) A 2003) asset transfer applications under the Community Empowerment ( Scotland) Act 2015 ( CE( S) A 2015) crofting community right to buy under LR( S) A 2003, Part 3, and agricultural tenants’ right to buy under the Agricultural Holdings ( Scotland) Act 2003 the right to buy abandoned, neglected and detrimental land under LR( S) A 2003, Part 3A, and the community right to buy land for sustainable development under Part 5 of the Land Reform ( Scotland) Act 2016 ( LR( S) A 2016) The Scottish Government is conducting a...
This Practice Note explores when and by what means a right of light can arise, either by grant or by prescription (most frequently a prescriptive right to light is acquired under the Prescription Act 1832). It also addresses circumstances in which such a right may be given up, brought to an end, or lost through changes to, or demolition of, a building, and the mechanism for extinguishment under section 203 of the Housing and Planning Act 2016 ( HPA 2016). Does a right to light exist? At common law, a landowner has no inherent entitlement to light. Therefore, it must be shown that the right has been secured by grant or by prescription. Grant A right to light may be conferred in the following ways: Express grant: a legal easement may be expressly granted by deed (including in a lease). For details of...
ARCHIVED: These Market Standards Trend findings assess current patterns within the rights...
This Practice Note provides commentary on the documents that an employer may accept when undertaking a manual right to work check For details on when and why a right to work check is required, see Practice Note: Right to work checks: When and why. The UK has shifted to digital immigration status for non- British and non- Irish nationals. From 6 April 2022, employers were no longer allowed to accept or review physical Biometric Residence Permits ( BRPs), Biometric Residence Cards ( BRCs) or Frontier Worker Permits as proof of right to work, even if a later expiry was printed. Instead, an online check must be completed for these individuals. Those documents enabled holders to generate a share code before they were able, during 2024, to create a UK Visas & Immigration account to access their e...
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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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