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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
Most recent Practice notes
This Practice Note This Practice Note outlines the core principles governing an application for a reporting restriction order, referring to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 27, alongside FPR 2010, PD 12I ( Applications for reporting restriction orders) and FPR 2010, PD 27B ( Attendance of media representatives or duly authorised lawyers at hearings in family proceedings), and the Practice Note ( Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders), called the Cafcass Practice Note. It addresses who may apply, a requirement to give notice of applications to national press via the Press Association Injunction Applications Alert Service (formerly Copy Direct), and service on non media parties. The framework on openness and media access to the family courts altered in 2009. From 27 April 2009, accredited media...
This Practice Note explains the procedure for seeking a reporting restriction order under the Family Procedure Rules 2010 ( FPR 2010), PD 12I ( Applications for reporting restriction orders) and the Practice Note ( Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders), commonly referred to as the Cafcass Practice Note. It offers guidance on issuing an application, possible bases for exclusion, the considerations the court will weigh, the ambit of a reporting restriction order, and the version of the order issued within the standard orders project. Duly authorised lawyers and accredited members of the media are entitled to be present at family hearings—see Media access and transparency—overview. For an outline of the core principles applicable to applications for reporting restriction orders, and on giving advance notice to the national media through the Press Association Injunction...
ARCHIVED: This Practice Note is archived and no longer updated. Alongside the civil/regulatory approach to market abuse, the Financial Services and Markets Act 2000 ( FSMA 2000) previously contained two criminal offences for making misleading statements and engaging in misleading practices under FSMA 2000, s 397. These offences were revoked by s 95 of the Financial Services Act 2012 ( FSA 2012). That said, FSMA 2000, s 397 still applies to offences committed before the FSA 2012 came into force on 1 April 2013; conduct after that date is brought under the offences set out in FSA 2012, ss 89–91. For an outline of the civil/regulatory market abuse regime prior to the introduction of Market Abuse Regulation ( EU) 596/2014, see Practice Note: Market Abuse—pre Market Abuse Regulation. For details on the Market Abuse Regulation, see Practice Notes: Market Abuse Regulation (...
This Practice Note This Practice Note explores the court’s jurisdiction to compel repayment of monies paid under a periodical payments order where the recipient later marries or enters a formal civil partnership, or where there is a shift in either party’s circumstances. It further addresses the court’s authority to remit (ie cancel) arrears of periodical payments in suitable cases. Guidance is given on the relevant procedure, treatment of costs, and routes for invoking comparable powers within an application brought under Schedule 1 to the Children Act 1989 ( Ch A 1989). A payer may invite the exercise of these powers by seeking a variation or discharge of a periodical payments order, or in defending, resisting or answering an enforcement application. See generally, Practice Notes: Periodical payments—variation of orders and Enforcement of financial orders. On rarer occasions, the court may act on a...
This Practice Note reviews repairing duties in Scottish commercial leases, covering how such obligations are interpreted, extraordinary repairs, interim dilapidations, remedies for breach by landlord or tenant, the scope of duties, and payment obligations for repairs at lease termination. For the principal judicial and non-judicial remedies in Scottish landlord and tenant disputes generally, see Practice Note: Remedies in landlord and tenant disputes— Scotland. Interpreting repair obligations in commercial leases A lease’s repairing clause allocates the respective responsibilities of landlord and tenant for the let subjects and any shared parts of the property of which they form part. In practice, parties and their solicitors negotiate how repair risk is divided, and unambiguous drafting is required to shift responsibility from landlord to tenant. Care is also needed in defining the let subjects and the extent of common parts so that liability is aligned...
This Practice Note offers a concise primer on repackagings. For links to resources with deeper guidance on particular aspects of repackaging transactions, see: Further information. What are repackagings? Repackagings constitute a form of asset-backed security ( ABS), i.e. a limited recourse debt instrument issued by a bankruptcy-remote special purpose vehicle ( SPV) and secured against a financial asset or a pool of financial assets. The objective of a repackaging is to deliver a bespoke ABS investment with a blend of credit, currency, interest rate and/or payment date features that are otherwise unavailable to the investor. Typically, a repackaging ABS issue is held to maturity by a single investor and may have been prompted by a reverse enquiry from that investor. What is an asset swap repackaging? Asset swap The most straightforward and most common variety of repackaging is an asset swap repackaging (or asset swap repack). An asset swap is a...
Reopening final determinations of the Court of Appeal Criminal Division The Criminal Division of the Court of Appeal retains, in exceptional circumstances, an inherent authority to revisit a prior decision finally disposing of appeal proceedings ( R v Yasain). In Yasain, the court observed that the Civil Division had long exercised an implied power to reopen a concluded appeal, and it recognised an equivalent implicit power for the Criminal Division. Illustratively, in R v Powell, that Yasain jurisdiction was invoked in relation to a confiscation order appeal. There, all sides accepted that the realisable assets figure had been wrongly calculated, and efforts to cure the problem by obtaining a certificate of inadequacy had failed. The Court concluded that sufficient time, effort and public resources had already been devoted to correcting the mistake. By contrast, in R v Hockey, another...
Note: Except where a notice of appeal was lodged, or permission to appeal was granted, before 1 October 2012, this Practice Note is retained solely for historical reference. For up-to-date guidance on permission to appeal, consult Practice Note: Grounds for appealing and preliminary considerations— Is it possible to re-open an appeal (including an application for permission to appeal)? In addition, the CPR and the practice directions cited here link to the current provisions and not those in force before 1 October 2012. For the pre- October 2012 position, refer to the attached PDF documents. Principles The Court of Appeal or the High Court may re-open a final determination of an appeal only in three situations: where doing so is required to prevent genuine injustice the circumstances are out of the ordinary and justify such a course there is no other...
CASE HUB NOTE–appeal lodged by third party ( Personnel Hygiene Services Limited) against CMA’s decision to accept Final Undertakings to implement remedies ARCHIVED – this archived case hub records the position at the 25 January 2019 decision date; it is not updated. See timeline. Case facts Outline UK merger probe into the completed purchase by Rentokil Initial plc of Cannon Hygiene Limited. The deal features horizontal overlaps in the markets for providing washroom products and services. Latest developments On 25 January 2019, the CMA published its phase 2 final report and cleared the deal subject to remedies. The CMA determined the transaction created an SLC in the supply of waste disposal services at national and multi-regional levels. As remedies, the CMA decided that Rentokil Inc plc and Cannon Hygiene Limited must dispose of all contracts with customers that have premises nationwide and across multiple regions, where Cannon Hygiene...
This Practice Note explains the changes to residential occupation in Wales introduced by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016). It outlines the revised terminology used by RH( W) A 2016, the bases on which a standard occupation contract can be ended, any preliminary requirements a landlord must satisfy before serving a valid termination notice, the steps for ending a standard occupation contract, and the format and service of notices under RH( W) A 2016. It also addresses possession proceedings under CPR Part 55. This Practice Note concerns only standard occupation contracts. For guidance on ending secure contracts, see Practice Notes: Renting Homes ( Wales) Act 2016—when are occupation contracts secure? and Renting Homes ( Wales) Act 2016—terms of secure contracts. Terminology under the Renting Homes ( Wales) Act 2016 RH( W) A 2016 introduces terminology that differs from other...
ARCHIVED : This Practice Note is archived and no longer maintained. The Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) took effect on 1 December 2022. From that day, existing residential tenancies and licences—save where RH( W) A 2016 specifically excludes them—were converted into either secure or standard occupation contracts. This Practice Note examines the transitional provisions in RH( W) A 2016, Sch 12, and the Renting Homes ( Wales) Act 2016 ( Saving and Transitional Provisions) Regulations 2022 (the Transitional Regulations 2022), SI 2022/1172, which govern and regulate the conversion of existing tenancies into occupation contracts. It considers the status of tenancies and licences in existence on 1 December 2022, the terms of those arrangements, and the methods of terminating them. Status of existing tenancies and licences—converted contracts On 1 December 2022, the following forms of occupation of a...
The Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) This legislation brought significant reforms to how residential properties in Wales are let, replacing almost all existing residential tenancies and licences with a single ‘occupation contract’. Under these occupation contracts, all landlords must supply their tenants, known as ‘contract-holders’, with a written statement clearly setting out the terms of the occupation contract at the outset of the contract (or by 1 June 2023 for former tenancies that converted to occupation contracts). RH( W) A 2016 also prescribes certain compulsory terms that have to appear in the......
This Practice Note outlines the principal rules on rent and rent transparency in the private rental sector in England under the Renters’ Rights Act 2025 ( RRA 2025). It covers the obligation to state the proposed rent in adverts or written offers, the ban on urging tenants to bid or pay more than the proposed rent, the ways in which rent can be varied, and limits on taking rent up front. For an overview of the core elements of RRA 2025, see Practice Note: Renters' Rights Act 2025—key provisions. Stating proposed rent and avoiding rental bidding In force from 1 May 2026, ss 56–57 of RRA 2025 aim to make the exact rent for a property clear and to curb informal bidding contests between would‑be tenants that drive prices up. A landlord, agent, or anyone acting for the landlord must not: publicise a...
This Practice Note outlines the provisions of the Renters’ Rights Act 2025 ( RRA 2025) on imposing and recovering financial penalties for breaches of discrimination rules, rent requirements, landlord redress scheme duties and the private rented sector database. It also explains the widened scope of liability for offences relating to houses in multiple occupation and selective licensing, identifies who may receive improvement notices, and summarises local housing authorities’ enforcement duties and their investigatory powers to enter premises and seize documents. For more detail, see Practice Note: Renters’ Rights Act 2025—key provisions and The Renters’ Rights Act 2025—landlords’ duties, penalties and offences. Commencement For guidance on when provisions of the RRA 2025 take effect, see Practice Note: Renters’ Rights Act 2025—key provisions— Commencement. Also see: Practice Note: Renters’ Rights Act 2025—legislation tracker Ministry of Housing, Communities and Local Government ( MHCLG) roadmap:...
ARCHIVED: This Practice Note has been archived and is not maintained. The rent a tenant is required to pay is set out in the tenancy agreement binding the landlord and the tenant, which also regulates their legal relationship. Many agreements allow for rent to be increased during the term, especially where both parties foresee a longer tenancy. Conversely, where the arrangement is for a short, fixed period (as with many assured shorthold tenancies), the rent may stay at a single level for that fixed term. Exactly how rent is fixed, and what rights each party has in relation to increases, will depend on the type of tenancy. The key tenancy types and the legal rules that govern rent setting are outlined below. Private sector tenancies Rent Act tenancies What is a Rent Act tenancy? Most private sector tenancies today are assured or assured shorthold tenancies under the Housing Act 1988 ( HA...
2003 Act Tenancies Most tenancies under the 2003 Act— SLDTs, LDTs, MLDTs and, when commenced, repairing tenancies—are presently continuing on their contractual term rather than by tacit relocation. At the moment SLDTs and LDTs remain in being and, where the lease is silent, rent reviews fall under section 9 of the Agricultural Holdings ( Scotland) Act 2003. From 1 December 2017, the creation of new LDTs ceased (subject to the transitory provisions in the Land Reform ( Scotland) Act 2016 ( Commencement No. 6, Transitory and Saving Provisions) Regulations 2017 ( SSI 2017/299)), and MLDTs became available. Repairing tenancies have yet to commence, but the provisions outlined in this Practice Note will also apply to them. The rent review approach assumes the landlord is deemed to let not the farm as it stands, but only the farm benefiting from those items of fixed...
This Practice Note explores the principles underpinning rent review provisions. For further help on drafting and negotiating rent review clauses, consult Practice Notes: Negotiation guide—rent review clauses—commercial leases and Drafting index—linked rent review clauses. Onerous provisions Before turning to the rent review clause itself, remember that other terms in a lease can influence the figure reached at review. Hard-won points in negotiation may carry unwelcome consequences when the rent is reassessed. In a soft market, the inclusion of onerous provisions can completely erode the uplift that a more balanced lease might otherwise secure. In a rising market, a well-advised tenant aiming to curb increases at review will press for a discount to reflect unfair or burdensome obligations. Some provisions are consistently viewed as onerous, while others change their character and effect with prevailing market conditions. The following are the terms most likely to be relied upon by...
This Practice Note sets out the various options available to a landlord in recovering rent arrears and the factors to be considered before any action is taken. It addresses the Pre- Action Protocol for Debt Claims; court-based recovery of debt; drawing on a rent deposit; issuing statutory demands ahead of bankruptcy or winding-up; pursuing former tenants, sub-tenants or guarantors; service of section 17 notices under the Landlord and Tenant ( Covenants) Act 1995; Commercial Rent Arrears Recovery ( CRAR); and the effect of insolvency on rent recovery. Before moving to recover arrears, landlords should weigh up: whether to forfeit the lease for non-payment whether the tenant is subject to any insolvency process and, if so, how that constrains the recovery options available whether any limitation period issues arise No claim can be brought to recover rent arrears once six years have passed from the date the...
ARCHIVED: This Practice Note is archived and is not maintained. Introduction On 31 March 2017, the Renewables Obligation ( RO) support scheme for renewable electricity in England and Wales ceased to accept most newly commissioned generating stations and station extensions. The RO is primarily set out in the Renewables Obligation Order 2015 ( RO Order 2015), SI 2015/1947, with its closure provided for by the Renewables Obligation Closure Order 2014 ( RO Closure Order 2014), SI 2014/2388, both made under sections 32–32Z2 of the Electricity Act 1989 ( EA 1989). However, the 31 March 2017 closure featured numerous exceptions for specific technologies, as the government aimed to close the RO swiftly to fresh entrants—particularly onshore wind and solar—whilst seeking to avoid legal challenge. As a result, in many circumstances the cut-off occurred earlier, or, where certain ‘grace periods’ applied, later than 31 March...
ARCHIVED This tracker is archived and no longer maintained. The Renewable Heat Incentive ( RHI) is a government programme in Great Britain offering payments to stimulate renewable heat deployment in a market still largely reliant on fossil fuels. By providing financial support, it aims to lower hurdles to uptake, such as high upfront capital costs and ongoing operating spend. The scheme was delivered in two stages: Phase 1, launched in November 2011, for non-domestic plant across the industrial, business and public sectors Phase 2, covering the domestic RHI (following the Renewable Heat Premium Payment), introduced in April 2014 and intended to be open until 2021; however, the government’s Spring Budget 2020 extended the domestic RHI to March 2022 This RHI tracker sets out the current position and latest developments for the domestic and non-domestic RHI from January 2015, covering...
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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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