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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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At a convening hearing in July 2024 and a sanction hearing in August 2024, Revolution Bars Limited sought approval for a Part 26A restructuring plan ( RP), although the Company subsequently entered administration in 2026. For ease, the headline points are set out beneath (capitalised terms not explained here take the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For in-depth metrics on RPs lodged in 2023, and insights from leading figures in restructuring, consult Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company Revolution Bars Limited (the Company) Industry sector Retail Place of debtor’s incorporation and jurisdictional factors The Company is incorporated in England & Wales and entered into a Deed of Contribution......
This Practice Note examines the revocation of an arbitrator’s authority under the Arbitration Act 1996 ( AA 1996) and illustrative arbitration rules, and also addresses certain implications arising from an arbitrator’s resignation or death. For guidance on applications to the courts of England and Wales to remove an arbitrator under AA 1996, s 24, see Practice Note: AA 1996—applying to remove an arbitrator (s 24). Revocation of an arbitrator’s authority In some situations, an appointed arbitrator’s authority may be withdrawn while the arbitration is in progress, for instance where a clear lack of independence and/or impartiality is shown—see Practice Note: Challenging the tribunal’s independence or impartiality. Before pursuing revocation, the parties should weigh the potential drawbacks, including the expense and delay of appointing a replacement arbitrator, and the further time and costs required to revisit issues already addressed by the removed...
The basic position is that marriage cancels any earlier Will made by either person before they wed — this is called involuntary revocation under statute. The rule is set out in both: the original section 18 of the Wills Act 1837 ( WA 1837), which stated that every Will would be revoked by the maker’s marriage; this applies to Wills made before 1 January 1983 the current WA 1837, s 18 (as substituted by section 18(1) of the Administration of Justice Act 1982 ( AJA 1982)), which provides that a Will is revoked by the testator’s marriage; this applies to Wills made on or after 1 January 1983 For guidance on revocation by choice, see Practice Note: Revocation of Wills. Void and voidable marriages A void marriage is treated as never having taken place and therefore does not revoke a Will made by either party. As Lord Greene MR...
A Will can be cancelled at any time during the testator’s life. It can only be undone either by operation of law (involuntary revocation) or through an intentional act by the testator (voluntary revocation). Aside from these routes, and where there has been an obliteration under section 21 of the Wills Act 1837 ( WA 1837), any other purported method of revocation is ineffective. For instance, neither a supposed intention nor a change in circumstances revokes a Will unless WA 1837 expressly provides for that change. Involuntary revocation A Will is set aside by operation of law on the testator’s: marriage civil partnership Certain provisions only are set aside by law on: divorce or nullity of marriage dissolution or nullity of civil partnership Involuntary revocation, or revocation by operation of law, is limited to these cases. For Wills made on or after 1...
ARCHIVED: This archived Practice Note outlines the principal changes to national planning policy arising from the revised National Planning Policy Framework issued on 24 July 2018 (the 2018 NPPF) and on 19 February 2019 (the 2019 NPPF). It is provided for background purposes only and is not maintained. The 2019 NPPF incorporates all national planning policy changes introduced by the 2018 NPPF and includes some further minor amendments. Since this Practice Note was produced, the NPPF has been updated again in July 2021, September 2023 and December 2023. This Practice Note is supplementary to Practice Note: The National Planning Policy Framework. Background The government first sought views on revisions to the NPPF in December 2015, followed by additional consultation within the Housing White Paper of February 2017. A consultation on planning for the right homes in the right places then took place in...
This Practice Note has been archived and is not maintained. For the up-to-date position, refer to Practice Note: Costs budgets—revision and variation. This note explores the process of reviewing and updating a costs budget. It addresses the obligation to keep budgets under regular review and the reasons behind that discipline. It then explains why a party might seek to revise a costs budget and whether those grounds are sufficient to obtain an order permitting revision. It outlines the principles the court applies when deciding an application to amend a costs budget and illustrates how the courts have applied those principles. This includes interpreting CPR PD 3E, para 7.6 and the defined expressions ‘future costs’ and ‘significant requirements’. It also looks at reaching agreement with other parties about proposed amendments to the costs budget and, if agreement cannot be reached, when and in what manner an...
This Practice Note This Practice Note outlines the law on defective products under Directive ( EU) 2024/2853 (the Revised EU Product Liability Directive, or Revised EU PLD). It will supersede Council Directive 85/374/ EEC (the EU Product Liability Directive, or EU PLD) for goods or services first placed on the EU market, or put into service, on or after 9 December 2026. Under the Revised EU PLD, manufacturers are strictly liable for defective products. The Note explains what amounts to a defect for these purposes, identifies which actors in the supply chain may incur liability, the extent of that exposure and how contributory negligence may affect claims. It also sets out recoverable heads of loss and the range of defences open to manufacturers. On 18 November 2024, Directive ( EU) 2024/2853 on liability for defective products, repealing Council Directive 85/374/ EEC, was published in the...
This Practice Note outlines how an organisation can assess its commercial agreements to unlock optimum value and curb expenditure. It sets out the scenarios likely to trigger a legal contract review, identifies what areas warrant examination and specifies the participants who ought to take part in the process. It further highlights the principal components of the agreements analysed from the viewpoints of both customer and supplier. Purpose of review A contract review is a periodic exercise undertaken by a solicitor alongside key business stakeholders, supplementing the routine operational contract management performed day to day. While particular problems may spark a review as and when they arise, it is equally advantageous to timetable a periodic assessment at a defined stage in the contract lifecycle or financial year. Doing so enables the business to remain alert to opportunities to capture value, trim avoidable spend and limit risk when...
How to Guide This Practice Note serves as a how-to companion for assessing an indemnity clause in commercial business‑to‑business ( B2B) agreements, pointing readers to related materials. It weighs pro‑party positions and signposts potentially relevant topics, such as what an indemnity clause is, preliminary points, and the clause’s key components (including parties, scope and wording, the definition of ‘losses’, conduct of claims, and the duty to mitigate), as well as other provisions to review (including exclusion and limitation of liability and boilerplate) and practical matters. Indemnities are a vital mechanism for risk management in commercial contracts. They are commonly hard fought in negotiation and often attract judicial attention. An indemnity clause should never be reviewed in a vacuum. It should be assessed as one of a range of potential remedies, with a clear grasp of their differences and how they may operate...
Offence of re-using company name without permission The Insolvency Act 1986 ( IA 1986) curtails the re-use of a company’s name for five years where, in the year leading up to insolvency, any director or shadow director of the insolvent company becomes involved with the successor entity (see Who is caught by the restriction?). A director must not participate in a business that adopts the identical legal or trading name, or a name so alike as to imply a link with the earlier company, unless an exception applies (see Scope of restriction). Importantly, this curb is imposed on the individual rather than the company itself, as there are numerous innocent or practical reasons why different companies may carry the same or a comparable name. Under IA 1986, s 216, breaching this curb constitutes a criminal offence, and section 217 is aimed at removing the...
The Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent on 29 June 2023. Although less expansive than the initial proposal to disapply all retained EU law ( REUL) by the end of 2023, it nonetheless delivers notable changes. This Practice Note outlines the impact of REUL( RR) A 2023, the reforms it introduces and the interpretation of assimilated law, the role of the courts, and how REUL( RR) A 2023 interfaces with the Withdrawal Agreement and the Trade and Co-operation Agreement ( TCA) with the EU... The European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) To understand the operation of REUL( RR) A 2023, one must return to the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). For background on EU( W) A 2018, see Practice Note:...
This Practice Note sets out an overview of the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) and the background to its enactment. Explains the shift from retained EU law to assimilated law and the related changes. Identifies impacted legislation of relevance to family practitioners. Retained EU Law ( Revocation and Reform) Act 2023—overview Retained EU law ( REUL) is a construct created by the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) to preserve continuity in the law after the UK withdrew from the EU and its political and legal bodies. It consists of EU-derived provisions in force immediately before 11pm on 31 December 2020, the implementation period ( IP) completion day. Under EU( W) A 2018, REUL continued in effect beyond IP completion day. Retained EU Law ( Revocation and Reform)...
When does indefinite leave lapse by operation of law? Individuals in the UK with indefinite leave: face no cap on the length of time they may reside in the UK, and cannot have conditions attached to their stay—such as limits on working or claiming social security—imposed for immigration reasons. For guidance on conditions that can be attached to permission, see Practice Note: Conditions of permission to enter or stay in the UK. Even so, those holding indefinite leave still enter and remain in the UK by permission and therefore continue to be subject to immigration control. The term is commonly described as settlement, settled status, or permanent residence in the UK. In this Practice Note, ‘indefinite leave’ is used to mean leave with no limit on its duration, as defined in the Immigration Act 1971 ( IA 1971). The expression ‘settled’, which appears across...
The purpose of the return to work interview ( RTWI) Running an RTWI confirms that an employee coming back after a spell of absence is fully fit to resume work on their return to the workplace. This is particularly vital where the individual is still experiencing health issues or is taking medication with side effects you ought to be aware of at work. It also aims to put the employee at ease and make them aware of the support available to them. Why implement return to work interviews? Excessive absence harms a firm’s profitability, productivity and client service levels, as well as the effectiveness and morale of colleagues who must absorb the additional workload. It is also possible that absence patterns reflect workplace culture, and RTWIs provide a means to examine and address that. Putting in place a formal process to hold an RTWI after an...
Although the trusteeship is, in theory, held for life, a trustee can step down in several ways: by relying on a clause in the trust instrument if a successor can be found, retirement may proceed under section 36 of the Trustee Act 1925 ( TA 1925) by using the statutory authority in TA 1925, s 39 through the beneficiaries’ written direction under section 19 of the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996) with the beneficiaries’ agreement under the rule in Saunders v Vautier by an order of the court under TA 1925, s 41 Express provision in the trust instrument that a trustee may unilaterally retire A trust instrument may confer on a trustee an express, unilateral power to retire. That said, some view such a term as encouraging a less diligent trustee to...
FORTHCOMING CHANGE 1: Under section 10 of the Finance Act 2022, the normal minimum pension age ( NMPA) is set to rise from 55 to 57 on 6 April 2028, excluding members of the firefighters, police and armed forces public service pension schemes. The Act will also grant members of registered pension schemes a right to take benefits before 57 if, on or before 4 November 2021, they either possessed an ‘unqualified right’ to take benefits, or were in the course of a substantive transfer to a scheme that, by 4 November 2021, offered an unqualified right to a protected pension age below 57. To make use of this 2028 protection, the scheme’s rules must have included, as at 11 February 2021, an unqualified right to draw scheme benefits before age 57. For further detail, see Practice Note: Increasing the normal minimum pension age ( NMPA) to...
ARCHIVED This archived Practice Note reviews an earlier form of personal pension—the retirement annuity contract—and sets out how it contrasts with today’s personal pension arrangements. For further information on personal pension schemes, see Types of personal pension schemes—overview. Personal pension schemes—central role in private pensions sector Personal pensions, in their different guises, occupy a central place in the UK private pensions landscape today. Launched on 1 July 1988, they provide notable flexibility, being open to: employees (with employers allowed to pay in and obtain the tax relief without a tax charge arising for the employee) the self-employed (and, to a degree, individuals with no earnings) Retirement Annuity Contracts—background and aims However, personal pension schemes were preceded by another type—the Retirement Annuity Contract ( RAC). Since the introduction of personal pensions on 1 July 1988, no fresh RACs can be established, but RACs set up before that date may...
This Practice Note sets out how to seek an order to retain items taken during a search, under section 59(5) of the Criminal Justice and Police Act 2001 ( CJPA 2001) and the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, and the grounds for bringing such an application. It also outlines how an opposing party may contest the application and resist the order. For guidance on lawful seizure routes—whether under warrant, under PACE 1984 and CJPA 2001, or with the owner’s consent—and on the procedure for seeking a warrant, see Practice Notes: Seizure and retention of property and Obtaining and executing a search warrant under PACE 1984. For material on search and seizure warrants under the Proceeds of Crime Act 2002 ( POCA 2002), consult Practice Note: Search and seizure warrants under section 352 of POCA 2002. When can an...
This Practice Note examines retention and rescission in Scotland. For guidance on: other forms of relief in Scottish civil litigation, see Practice Notes: Interdict and interim interdict in Scottish civil litigation, and Specific implement and interim specific implement in Scottish civil litigation key aspects of Scottish civil litigation, see: Scottish DR: prescription and limitation—overview; Scottish DR: case management and evidence—overview; Scottish DR: civil appeals and judicial review—overview; Scottish DR: enforcement—overview; and Scottish DR: settlement and ADR—overview, which in turn link to detailed guidance on specific elements of dispute resolution in Scotland other key areas of Scottish law and procedure, see our Scotland collection the closest equivalent in England and Wales, see: Contractual breach damages and remedies—overview which, as well as an overview, links to further detailed guidance on remedies for breach of contract in England and Wales, including Practice Note:...
All regulated law firms and individuals must behave in ways that promote equality, diversity and inclusion. It goes beyond meeting legal and regulatory duties; put plainly, it is the right thing to do. As an added benefit, it can enhance public confidence in the legal profession and deliver gains for your firm’s business. The Solicitors Regulation Authority ( SRA) expects you to be proactive and to take proportionate steps to encourage a diverse workforce at every level in your firm. This Practice Note explains why retaining diverse talent in a law firm matters, highlights common reasons why people leave roles and how firms can reduce these issues, and suggests tips for retaining diverse talent. Employees may leave because they are drawn to another opportunity (pull factors), such as: Higher pay A career change Family...
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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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