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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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In cross-border proceedings, parties can disagree about the proper forum – that is, the jurisdiction in which their case ought to be tried. Accordingly, advisers must recognise that particular rules govern the allocation of jurisdiction to a court when determining where a dispute should be heard. The UK’s departure from the EU also affects which jurisdictional rules the courts of England and Wales will apply when deciding forum in cases concerning the question of which courts have jurisdiction. For claims commenced on or after 1 January 2021, EU jurisdiction rules do not apply. Nonetheless, mapping the applicable regimes remains useful, both because EU rules continue to govern any claim started on or before 31 December 2020 and because they provide context for the shift and assist in understanding the developments in this area. Relevant jurisdiction regimes For personal injury...
PI & Clinical Negligence horizon scanner— August 2023 [ Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained or updated. It summarises the principal legal developments of particular relevance to personal injury and clinical negligence practitioners, current as at 7 August 2023. For developments that pre-date this horizon scanner, readers should refer to the PI and Clinical Negligence horizon scanning—overview for background and earlier context. Key PI & Clinical Negligence developments The key highlights include: UK Supreme Court allows appeal in whiplash test case. On 7 June 2023, the UK’s highest court confirmed it had permitted an appeal by insurers in a test case addressing valuation of ‘hybrid’ personal injury claims. See News Analysis: Permission to appeal to UKSC granted in whiplash test case. Mo D issues Armed Forces Compensation Scheme and Veterans Welfare Reviews. The Ministry of Defence...
PI & Clinical Negligence horizon scanner— May 2024 [ Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. It distils the principal legal developments relevant to personal injury and clinical negligence practitioners as at 30 April 2024. For matters predating this horizon scanner, please refer to PI and Clinical Negligence horizon scanning—overview. Key PI and clinical negligence developments Judicial College Guidelines, 17th Edition now available on Lexis+ — The 17th Edition of the Judicial College Guidelines is now accessible on Lexis+, via Butterworths Personal Injury Litigation Service ( BPILS), Division IX, Quantum Summaries. See: Butterworths Personal Injury Litigation Service, Division IX, Quantum Summaries. Tenth edition of the King’s Bench guide published — The tenth edition of the King’s Bench Guide was issued on 19 April 2024......
ARCHIVED : This Practice Note is archived and not maintained. This year’s annual round-up reviews some of the most significant developments of 2017 and looks ahead to what 2018 may bring. In personal injury and clinical negligence, a headline change was Liz Truss’s February confirmation that the discount rate would be reduced from 2.5% to –0.75%. There were a number of key cases addressing the issues surrounding fundamental dishonesty and Qualified One Way Costs Shifting, together with the Supreme Court decision in Armes v Nottinghamshire County Council [2017] UKSC 60 on the scope of vicarious liability. This review also provides updates on Lexis Nexis®’s content, including news of exciting developments during the past year and what is coming up over the next twelve months. Reviewing 2017 Damages What happened? The discount rate is the percentage practitioners use to assess future loss in personal injury and clinical...
PI & Clinical Negligence horizon scanner— August 2020 [ Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. It provides a condensed account of the principal legal developments pertinent to personal injury and clinical negligence practitioners as at August 2020. For the most up-to-date horizon scanner, please refer to PI and Clinical Negligence horizon scanning—overview. Ogden 8 On 17 July 2020, the Government Actuary’s Department issued the eighth edition of the Ogden Tables. In this edition, the explanatory notes have been wholly rewritten and extended to include pension loss claims and periodical payment orders. The actuarial tables have been amended to incorporate updated mortality assumptions and to span a broader range of retirement ages......
PI & Clinical Negligence horizon scanner— May 2023 [ Archived] ARCHIVED: This Practice Note has been archived and is not being maintained at present. It distils the principal legal developments of relevance to personal injury and clinical negligence practitioners as at 19 May 2023. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Key PI & Clinical Negligence developments Analysis of the proposed implementation of the extended fixed recoverable costs regime — The Civil Procedure Rule Committee ( CPRC) has issued draft amendments needed to implement the expansion of the fixed recoverable costs regime. Andrew Crisp, an associate at Clarion Solicitors, assesses those changes and their effects. See News Analysis: Analysis of the proposed implementation of the extended fixed recoverable costs regime. Fixed costs for noise induced hearing loss cases — From 1 October 2023, claims for noise induced...
PI & Clinical negligence horizon scanner— July 2025 [ Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. Mo J announces reduction in CFO’s interest rates The Ministry of...
Personal branding considers not only what you deliver, but the way you deliver it and the effect this has on how you are viewed in the workplace. This Practice Note covers: why personal branding is important for in-house lawyers what is meant by the term ‘personal brand’ how to gain insight into your own personal brand how to develop your personal brand Why is personal branding important? For in-house lawyers, a personal brand is not self-promotion for its own sake. It is the lived experience colleagues have of you day to day: what they anticipate when your name appears on a meeting invite or email, and whether they feel at ease asking you to get involved. Think of your brand as your ‘offer’ to the organisation—the value people can depend on from you. Your brand also underpins your power to...
Assimilated Regulation ( EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants ( Text with EEA relevance) ( Assimilated Regulation) Entry into force: 15/07/2019 ( Date pub. +20). By Article 22, this measure repeals Regulation ( EC) 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/ EEC. Legislation in England and Wales Legislation for England and Wales has been introduced in connection with the Assimilated Regulation; see Legislation in England and Wales. The Persistent Organic Pollutants ( Various Amendments) Regulations 2019, SI 2019/1099, revise existing instruments to bring them into line with the Assimilated Regulation, taking effect in part on 15 July 2019 and in full on 12 August 2019. The Persistent Organic Pollutants ( Amendment) ( EU Exit) Regulations 2020, SI 2020/1358, were made to correct...
Introduction POPs are hazardous chemical substances that can cross national boundaries, are often detected far from their points of release, persist in the environment, and bioaccumulate—i.e. build up within the bodies of living organisms—thereby posing risks to human health and the natural world. They are toxic compounds that break down only very slowly and enter food chains. These priority pollutants comprise pesticides, industrial chemicals, and unintended by-products of industrial processes. POPs are frequently carried by air and water across borders to locations far from their sources, including regions where they have never been produced or used, with impacts on ecosystems. For more information on POP emissions, see the data, trackers and indicators on the European Environment Agency website. Efforts to control and ban POPs International At international level, two major Conventions (international treaties) provide the foundation for more targeted control measures......
Planning permission and the GPDO Under section 57 of the Town and Country Planning Act 1990 ( TCPA 1990), planning permission is needed for ‘the carrying out of any development of land’. The TCPA 1990, s 55(1) defines ‘development’ as either of the following: the undertaking of building, engineering, mining or other operations in, on, over or beneath land (see Practice Note: Operational development), or the occurrence of any material change in the use of buildings or other land (see Practice Note: Material change of use) By virtue of TCPA 1990, s 58(1)(a), planning permission can be conferred by a ‘development order’. The Town and Country Planning ( General Permitted Development) Order 2015 ( GDPO 2015), SI 2015/596, and the Town and Country Planning ( General Permitted Development Order) 1995 ( GDPO 1995), SI 1995/418 (together, the GPDO) constitute such...
Under section 57 of the Town and Country Planning Act 1990 ( TCPA 1990), planning permission is needed for the carrying out of any development of land. TCPA 1990, s 55(1) explains that ‘development’ means: carrying out building, engineering, mining or other operations in, on, over or under land (see Practice Note: Operational development); or making any material change in the use of any buildings or other land (see Practice Note: Material change of use). By virtue of TCPA 1990, s 58(1)(a), permission can be conferred by a ‘development order’. The Town and Country Planning ( General Permitted Development) ( England) Order 2015 ( GPDO 2015), SI 2015/596, is such an order for these purposes. It authorises specific types of development, set out in the different classes in GPDO 2015, SI 2015/596, Sch 2, to be carried out without the need to obtain planning...
Permitted development rights Section 57(1) of the Town and Country Planning Act 1990 ( TCPA 1990) makes clear that planning permission is needed for any development of land. Under TCPA 1990, s 55, ‘development’ comprises: operations affecting land (see Practice Note: Operational development), and changes of use of land (see Practice Note: Material change of use) TCPA 1990, s 58(1)(a) provides that planning permission can be conferred by a ‘development order’. The Town and Country Planning ( General Permitted Development) ( England) Order, SI 2015/596 (in England) (the English GPDO) and the Town and Country Planning ( General Permitted Development) Order 1995, SI 1995/418 (in Wales) (the Welsh GPDO) are such development orders (together, ‘the GPDO’). The GPDO establishes permitted development rights ( PD rights), amounting to a national grant of planning permission given by that development order, allowing specified...
ARCHIVED : this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For more information, covering the applicable savings and the status of CJEU case law, refer to Practice Note: Brexit and the end of EU free movement law in the UK. This Practice Note is preserved as an archive for historical reference, as EU law previously applied in the UK can still be pertinent in certain narrow scenarios. To view historic versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, consult Legislation.gov.uk. For developments in EU free movement law across EU Member States, see: Immigration, employment & share...
This Practice Note considers the types of final injunction (or perpetual) injunction in the context of employee competition and confidentiality claims. For broader direction on final injunctions, see Practice Note: Final injunctions. See also Practice Note: Injunctions—guiding principles. Where parties seek to uphold contractual obligations and post-termination restraints, the remedies available are commonly divided into two groups as follows: interim remedies obtainable before the final trial, and remedies awarded after the final trial of the dispute Interim measures are usually temporary injunctions—that is, orders lasting only for a limited period, typically covering the interval from the date the injunction is made up to the trial. For an overview, see Practice Note: Interim injunctions in employee competition claims and confidentiality claims. Although courts now commonly list employee competition disputes for an expedited trial, it is often the position that claims seeking to enforce...
The concept of a ‘permanent establishment’ ( PE) The idea of a PE is articulated in Article 5 of the Organisation for Economic Co‑operation and Development ( OECD) Model Tax Convention ( OECD MTC). Article 5 of the UN Model Tax Convention ( UN MTC) adopts a similar, yet broader, approach. In broad terms, a company resident in one territory (the home state) is regarded as having a PE in another (the host state) where it has: a fixed place of business in the host state a dependent agent in the host state acting for it for the UN MTC only, employees or other personnel engaged by the enterprise to deliver services in the host state for periods adding up to six months within any 12‑month period — referred to as a services PE Under Article 7 ( Business Profits) of the OECD MTC, the host...
What is the PCA? The Permanent Court of Arbitration ( PCA) is the oldest intergovernmental organisation devoted to enabling the peaceful settlement of international disputes. Based in The Hague, it was created by the 1899 Convention for the Pacific Settlement of International Disputes, signed at the close of the first Hague Peace Conference in 1899. Initially centred on state‑to‑state arbitration, the PCA now administers and offers related services for matters involving states, state‑controlled entities, intergovernmental organisations and private parties... The PCA Arbitration Rules In December 2012, the PCA issued its Arbitration Rules (the PCA Rules). These Rules superseded and replaced four earlier PCA rule sets: 1992 Optional Rules for Arbitrating Disputes between Two States ( PCA State/ State Rules) 1993 Optional Rules for Arbitrating Disputes between Two Parties of Which Only One is a State ( PCA State/...
Performance ratchets This Practice Note explores the tax implications for the UK management team in a private equity-backed management buyout ( MBO) that arise specifically from performance ratchets. Performance ratchets are a device employed by private equity firms investing in MBOs to motivate management and align their interests with those of the private equity backer. The success of an MBO is typically highly reliant on the management team. Managers can be incentivised, and their interests aligned, by subscribing for shares in the top company of the acquisition group ( Newco 1), giving them a stake in the proceeds of a future private equity exit (ie on top of any salary). Performance ratchets give management the chance to uplift the value of their equity holding further where defined performance targets are achieved. This Practice Note concentrates on the tax issues arising...
Performance management and measurement As noted earlier, operations leaders constantly balance multiple aims—cost, reliability, quality, speed and flexibility. Yet how can progress or decline be recognised? Robust metrics are put in place to guide operational decision-making and support the achievement of objectives. Well‑chosen measures and standards are central to running operations, highlighting where to act and energising efforts to sustain and raise performance, in the short term and over the long haul. They should reflect what truly matters to the organisation and show clear line‑of‑sight to strategy. Such metrics pinpoint priorities and motivate timely action. Setting and measuring customer-focused standards Defining performance measures that centre on the customer builds a customer‑oriented organisation. Explicit, customer‑linked standards deepen understanding and signal where change is required, providing a practical indicator of what must improve. They also create motivational goals and the chance to recognise a sense of...
Approaching appraisals positively In many organisations, appraisals (meaning a discussion coordinated by the HR function) occur just once a year. However, as the team leader, you are evaluating people continually by watching their behaviour and how others deal with them, holding one-to-one chats about the challenges they encounter, and having informal conversations with the business colleagues they support. The appraisal meeting should bring these threads together, not be the point where dissatisfaction is unveiled. It can create a very poor impression if appraisals seem like a chore—they are a vital way to show commitment to a team member’s performance and personal development. You will naturally comply with whatever procedural requirements your HR department sets, but consider the following suggestions: Advise your staff beforehand of any specific questions you plan to ask Invite them to nominate their most and least...
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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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