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Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
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This Practice Note explores how ‘religion’ and ‘belief’ are defined for the purpose of the protected characteristic of religion or belief in relation to religious discrimination and other prohibited conduct under the Equality Act 2010 ( Eq A 2010), and sets out the criteria for a religious or a philosophical belief to receive protection... Protected characteristics Eq A 2010 protects against discrimination connected to specified characteristics that individuals may hold. Certain protections apply solely to one such characteristic, while others operate uniformly across all of them, collectively known as ‘the protected characteristics’. With the exception of pregnancy and maternity, each protected characteristic is identified and defined in Eq A 2010. For an overview of protected characteristics generally, see: Protected characteristics—overview. This Practice Note focuses on the protected characteristic of religion or belief... Definition of religion or belief Under Eq A 2010, ‘religion’ means any religion and also...
ARCHIVED: THIS PRACTICE NOTE IS BASED ON CPR PROVISIONS REVOKED ON 1 APRIL 2013. This material is retained purely for historical reference. For insight into the present, post- Denton, position, please consult the following Practice Notes: Compliance and relief from sanctions—overview Case management—compliance Agreements to extend time under CPR 3.8(4) (buffer agreements) Relief from sanctions—the courts’ approach Relief from sanctions—illustrative decisions [ Archived] Relief from sanctions—when is an application for relief required?......
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Please note, some hyperlinks may no longer lead to the provisions as they stood at the time this Practice Note was issued. Important: this Practice Note addresses the application and construction of CPR 3.9 after Mitchell but before Denton; Decadent and Utilise ( Denton v White & others; Decadent Vapours Limited v Bevan & others; Utilise TDS Limited v Cranstoun Davies & others [2014] EWCA Civ 906; [2014] All ER ( D) 53 ( July) (not reported by Lexis Nexis®)). The Court of Appeal expressed the expectation that Denton would render recourse to earlier authorities unnecessary. Consequently, the material here is primarily of historical interest. For up-to-date, post- Denton guidance, see: Practice Notes: Compliance and relief from...
ARCHIVED: This archived Practice Note is no longer updated and serves solely as background information. In addition, certain links may not take you to the provisions as they stood when the guidance in this Practice Note was issued. IMPORTANT NOTE: this Practice Note addresses how CPR 3.9 should be applied and construed after Mitchell yet before Denton; Decadent and Utilise ( Denton v White & others; Decadent Vapours Limited v Bevan & others; Utilise TDS Limited v Cranstoun Davies & others [2014] EWCA Civ 906, [2014] All ER ( D) 53 ( July) (not reported by Lexis Nexis®). The Court of Appeal has indicated it hopes that the Denton ruling will obviate any need to look back to prior authorities. Accordingly, the guidance in this Practice Note is predominantly of historical interest only at this time......
This Practice Note outlines the procedure for obtaining relief from forfeiture for any breach other than rent arrears, the matters the court will consider when deciding an application for relief, the conditions attached to relief from forfeiture, and the ability of subtenants and mortgagees to apply for relief. A tenant who is threatened with, or already facing, forfeiture may seek relief. If relief is granted, the lease is revived as though it had never been terminated. The procedure for pursuing relief against forfeiture differs according to the nature of the breach. This Practice Note sets out the position relating to forfeiture for breaches other than non-payment of rent. If the breach concerns rent arrears, see Practice Note: Relief from forfeiture for rent arrears. Which interests does relief from forfeiture apply to? Relief is not confined to the termination of leases. It is also...
STOP PRESS ECCTA 2023 introduces identity verification for anyone submitting filings at Companies House. This is expected to become mandatory from November 2026. See: Registering Security at Companies House—changes under ECCTA 2023 for further details and timing. STOP PRESS On 16 March 2026, Companies House announced that on Friday 13 March it had been alerted to a security issue. A logged-in Web Filing user could, after following a specific sequence of actions, potentially view and amend certain elements of another company’s information without consent. Companies House has said that existing filed documents—such as accounts or confirmation statements—could not have been changed. There is, however, a risk that some personal data may have been accessed and that unauthorised submissions may have been made. Although information is currently limited, this could include, for example, a satisfaction of charge filing. Companies House has advised companies to review their...
This Practice Note This Practice Note outlines procedures for handling the release of security over commercial (rather than residential) property and the matters to consider when redeeming a commercial mortgage. In residential conveyancing, most deals complete using the Law Society’s Code for Completion by Post (the Code), which includes an undertaking by the seller’s solicitor to redeem the seller’s mortgage on the property. Although the Code is stated to apply to both residential and commercial transactions, it will not always be suitable either to give the undertakings in the Code or to rely on them for the release of security over the property. A departure from the Code’s terms may need to be negotiated depending on the transaction. This Practice Note proceeds on the basis that the buyer and/or the buyer’s lender requires the seller’s mortgage to be discharged on...
This Practice Note serves as a negotiating aid for dispute resolution solicitors engaged in agreeing and drafting settlement agreements after a dispute has been resolved by negotiation, regardless of whether court proceedings were issued beforehand. Its focus is the release clause which, alongside the payment clause, typically forms one of the agreement’s two core components. It outlines the likely stances parties will take when settling the terms of the release, and proposes possible middle-ground solutions they might accept. The Note offers a high-level overview of the topics, helping readers assess what will be required in a given matter. It also signposts further Practice Notes and Precedents for those needing additional reference material. These should be consulted where further guidance is required. It is not designed for use in negotiating settlements of employment contract disputes, where distinct...
This Practice Note reviews the Coronavirus Statutory Sick Pay Rebate Scheme ( CSSPRS), temporarily reinstated by the Statutory Sick Pay ( Coronavirus) ( Funding of Employers’ Liabilities) Regulations 2022 ( SSP Funding Regs 2022), SI 2022/5, in force from 14 January 2022. The reintroduced CSSPRS applied to coronavirus-related sickness absence between 21 December 2021 and 17 March 2022. Employers were able to reclaim coronavirus-related SSP via the online service until 24 March 2022, which has since closed. For further detail, see: LNB News 25/02/2022 13... Key points to note The government’s plan to reimburse coronavirus-related statutory sick pay was first outlined in the Spring Budget 2020 (see News: Special temporary measures for Statutory Sick Pay ( SSP) refunds announced in Budget). Section 39(1) of the Coronavirus Act 2020 inserted a new funding mechanism into the Social Security...
Inspection of records Reinsurance contracts, especially treaty arrangements, commonly contain inspection provisions giving the reinsurer a right to review the cedant’s books and records, to the extent those materials hold particulars of business written by the cedant that falls within the reinsurance. The ability to scrutinise a cedant’s books and records is a valuable mechanism for a reinsurer in a range of situations. For instance, if a reinsurer is uneasy about an account protected by a reinsurance policy, it will usually seek to carry out an inspection of the cedant’s books and records to check whether the cedant has observed every term of the reinsurance, notably concerning the nature and standard of the ceded portfolio. A further illustration is where a reinsurer wishes to keep under review a claim that might give rise to a substantial loss. In addition, a reinsurer (or a direct...
This Practice Note offers a primer on the reinsurance market—what it is, how it operates, and the core ideas that underpin it. What is reinsurance? Reinsurance is cover for insurers. It is an insurance contract bought by an insurer—often via a specialist reinsurance broker—to protect that insurer’s liabilities. In practice, the reinsurance agreement can sometimes be set up before the underlying insurance contract to which it relates. Reinsurance can address a wide range of risks—life, property, third-party liabilities and cyber—in much the same way as insurance. Purpose of reinsurance The reinsurance sector is a vital global business and the backbone of the insurance market. It serves several key purposes, including: enabling insurers to spread the financial risk assumed when writing policies, reducing volatility and smoothing loss experience, and protecting against major catastrophes and events (such as hurricanes, wildfires and...
NOTE—appeals lodged before the Court of Justice in Cases C-31/23 P, C-30/23 P and C-29/23 P ARCHIVED — this case hub reflects the position as at the judgment of 9 November 2022 and is no longer maintained. See further: timeline. Case facts Outline Appeals were brought before the General Court seeking annulment of the European Commission’s readopted decision that identified infringements and imposed fines totalling €16.1m for participation in a price-fixing cartel in the Italian reinforcing bars market ( AT.37956). Outcome On 9 November 2022, the General Court delivered its judgments, rejecting the appeals in their entirety as unfounded. The Court concluded that the Commission made no procedural missteps in relation to its 2019 decision and that, in light of the case’s complexity, the duration of the proceedings was not unreasonable. It further held that the ne bis in idem principle was not violated, given that the...
Brexit impact At 11 pm ( GMT) on 31 December 2020, the transition/implementation period that followed the UK’s withdrawal from the EU concluded. In UK law this moment is called ‘ IP completion day’. From that point, key transitional provisions ended and substantial changes started to apply across the UK’s legal framework. Any changes relevant to this content are set out below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a distinct category of domestic UK law—retained EU Law ( REUL)—consisting of EU-derived rights and legislation preserved in the UK after Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. REUL( RR) A 2023 alters the treatment of REUL by: revoking substantial amounts of REUL from 31 December 2023 ...
Brexit: On 31 January 2020, the UK left its status as an EU Member State and moved into an implementation period, during which EU law still applies. Throughout this phase, the GDPR remains in force in the UK and, for EEA and UK data protection purposes, the UK is broadly regarded as if it were an EU (and EEA) country. Accordingly, any mention of EEA or EU states in this Practice Note should be interpreted as also covering the UK until that period ends. For more detail on that window, its length and the data protection laws expected to apply once it concludes, see Practice Note: Brexit—implications for data protection [ Archived]. ARCHIVED: This Practice Note is archived content and sets out the position prior to the General Data Protection Regulation becoming applicable. This Practice Note is for background information only and is not...
Background to the regulated activities relating to benchmarks Benchmarks play a crucial role in pricing numerous financial instruments and in commercial and non-commercial contracts. After reports of manipulation involving benchmarks such as the London Interbank Offered Rate ( LIBOR), there were widespread doubts about the overall integrity of benchmarks. In 2009, amid ongoing concerns about how LIBOR operated, the Financial Services Authority ( FSA), working with other overseas regulators, began investigating a number of institutions for alleged misconduct linked to LIBOR, the Euro Inter- Bank Offered Rate ( EURIBOR) and other benchmarks. As part of the response to these investigations, in July 2012 the UK Government set up an independent review into the setting and use of LIBOR. The review was led by Martin Wheatley, then managing director of the FSA and former CEO of the FSA’s successor, the Financial Conduct Authority ( FCA). The...
The diagram below sets out the regulatory structure that exists in the UK for financial services Showing the roles of the Bank of England, the Prudential Regulatory Authority, the Financial Conduct Authority, the Payment Systems Regulator and the Financial Policy Committee, and how they interact with each other. Click here to see or print full-size PDF version:......
This Practice Note offers a concise overview of the functions and duties of insurance brokers, outlining their role in arranging and renewing insurance policies. It also gives practical pointers on how brokers can avoid or reduce negligence claims. More focused materials are signposted. For rules and guidance on insurance distribution regulation, see Practice Notes: FCA Handbook—introduction for the insurance and reinsurance sector PRA Rulebook—introduction for the insurance and reinsurance sector Insurance conduct regulation— COBS and ICOBS UK insurance distribution regime—essentials Functions of insurance brokers The broker’s central task is to secure consensus and clarity between the insured and insurers so that suitable cover is effected (or ‘placed’) in line with the client’s instructions. An essential aspect of the role is to bridge the disparity between the client’s understanding of its own operations and the broker’s appreciation of cover available in the market (see...
The Regulators’ Code is issued by the Secretary of State under section 22 of the Legislative and Regulatory Reform Act 2006 ( LRRA 2006). Section 21 of the LRRA 2006 places a duty on anyone exercising a specified regulatory function to have regard to two key principles: regulatory activities should be undertaken in a manner that is transparent, accountable, proportionate and consistent regulatory activities should be targeted solely at cases where action is required Who does the Regulators’ Code apply to? Any person or body exercising a specified regulatory function must take the Regulators’ Code into account when setting general policies or principles for the functions that the particular regulator carries out. The Code is designed to set out a clear framework for how regulators should deal with those they regulate. It seeks to improve relations between regulators and the regulated and to remove...
This Practice Note reviews the statutory and regulatory framework for UK trading venues, covering the recognised investment exchange ( RIE) regime and pertinent elements of Assimilated Regulation ( EU) 600/2014 ( UK Mi FIR) plus the Financial Conduct Authority ( FCA) Handbook. In the UK, oversight of regulated markets ( RMs) operates via the RIE regime, first set up under the Financial Services Act 1986 ( FSA 1986) and subsequently revised by the Financial Services and Markets Act 2000 ( FSMA 2000). The recognition framework and duties for investment exchanges appear in FSMA 2000, Part XVIII, and in the Financial Services and Markets Act 2000 ( Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001, SI 2001/995, as amended (the Recognition Requirements Regulations). For further detail on the RIE regime, see Practice Note: Recognised investment...
ARCHIVED This Practice Note is archived and is no longer maintained. Regulation ( EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases, repealing Regulation ( EC) No 842/2006 Entry into force: 9 June 2014, with application from 1 January 2015 Status: Directly applicable (no transposition deadline) Amendments: See EUR- Lex linked documents Subject: Fluorinated greenhouse gases, air quality EU legislation to control fluorinated greenhouse gases The EU has put in place two legal instruments to curb F‑gas emissions: The Mobile Air- Conditioning Systems ( MAC) Directive 2006/40/ EC, which bans F‑gases with a global warming potential exceeding 150 times that of carbon dioxide in new types of passenger cars and light vans from 2011, and in all newly produced cars and vans from 2017 Regulation ( EU) No 517/2014 on...
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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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