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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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ARCHIVED : This archived Practice Note summarises illustrative decisions in negligence matters, including professional negligence, covering 1 January 2020 to 31 December 2024. It is not maintained and is provided solely for background information. Although each case must be assessed on its own merits, and within its distinct factual and legal setting, it is helpful to see how core legal principles operate in real contexts. Accordingly, this Practice Note selects some of the more illustrative judgments in negligence and professional negligence claims. The decisions highlighted below fall within the period from 1 January 2020 to 31 December 2024. General principles relevant to negligence claims—existence and standard of the duty of care, breach, causation and loss—are addressed in the following Practice Notes: Negligence—key elements to establish a negligence claim Negligence—when does a duty of care arise? ...
The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, constitute part of the UK’s wider anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing framework. The MLR 2017 impose administrative obligations that sit alongside the criminal law aspects of the AML, CTF and counter-proliferation financing regime set out in the Proceeds of Crime Act 2002 ( POCA 2002), the Terrorism Act 2000 ( TA 2000) and assorted sanctions measures. There is some crossover with this legislation. The MLR 2017 have been revised multiple times since coming into effect in June 2017. This Practice Note reflects the MLR 2017 as amended. For more on POCA 2002, TA 2000 and counter-proliferation financing, see Practice Notes: Proceeds of Crime Act 2002—key information for law firms,...
This Practice Note outlines the routes for personal injury redress for injured serving and ex-service members, embracing claims founded on statute as well as compensation schemes under domestic law and the European Convention on Human Rights. It considers claims arising from incidents in combat operations and training, plus specific conditions including non-freezing cold injury, noise-induced hearing loss, post-traumatic stress disorder ( PTSD), psychiatric harm related to bullying or harassment, and parading injuries. The history and suspension of Crown immunity It is helpful to examine the evolution of the law governing military claims closely. Until 1987, section 10 of the Crown Proceedings Act 1947 ( CPA 1947) barred service personnel from pursuing any civil actions against the Crown for death or personal injury attributable to other members within the British Armed Forces. Sections 1 and 2 of the Crown Proceedings ( Armed Forces) Act 1987 ( CP( AF) A...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 secured Royal Assent on 27 October 2025. For guidance on the Act’s implications for residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note reviews the minimum energy efficiency standards ( MEES) for domestic private rented properties ( DPRs) set out in the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. It concentrates on the obligations of landlords of DPRs to permit tenants’ energy efficiency improvements. It forms part of our series of Practice Notes on MEES. For an overview of the background to MEES, see Practice Note: Minimum energy efficiency standards ( MEES) in the private rented sector—snapshot. MEES Regs 2015, SI 2015/962, made under the Energy Act 2011 ( En A 2011), set out two principal...
STOP PRESS : Significant changes to the UK prospectus framework took effect on 19 January 2026. The updated rules for public offers of securities and for admissions to trading in the UK are chiefly contained in the Public Offers and Admissions to Trading Regulations 2024, SI 2024/105 (the POATRs), and in the FCA sourcebook titled The Prospectus Rules: Admission to Trading on a Regulated Market ( PRM). The UK Prospectus Regulation and the FCA Prospectus Regulation Rules have been revoked. The reforms aim to streamline capital raising and markedly lessen the circumstances in which a company must produce an FCA-approved prospectus for a subsequent issue of shares. For full details of the amendments, see Practice Note: UK prospectus regime reform. This Practice Note reflects the prospectus framework that applied before 19 January 2026. It examines the key methods and materials used to market an...
The Model Code The Model Code, previously set out in former Listing Rules published by the Financial Conduct Authority ( FCA), was deleted by the FCA as a consequence of the coming into force of the Market Abuse Regulation ( EU) 596/2014 ( MAR) on 3 July 2016. Companies with a former premium listing of equity shares were required to comply with the Model Code, which restricted persons discharging managerial responsibilities ( PDMRs) dealing in such company’s securities. The......
You are responsible for taking steps to reduce workplace fire hazards and to protect staff should a fire occur, minimising risk and safeguarding employees. There is no single, prescriptive set of rules dictating the exact fire safety measures you must adopt. Smaller organisations might require only basic arrangements, whereas larger organisations or those facing specific fire risks may need greater provision and additional resources. This Practice Note offers practical guidance and information on arranging, managing and maintaining fire safety in the workplace. Its scope is office-based, non-residential settings. It addresses fire safety in that workplace context only. Distinct, industry or premises-specific obligations may apply elsewhere, notably in residential and domestic properties, such as flats and multi-storey residential buildings. Regulatory requirements concerning fire safety in residential and domestic premises fall outside this Practice Note, as do building regulations requirements relating to fire safety. For...
Introduction to risk under the FIDIC Red, Yellow and Silver Books The bigger and more intricate a construction scheme becomes, the higher the risks borne by both sides and the greater the chance that delivery slips on cost, schedule or the required quality or performance thresholds. FIDIC contracts are widely viewed as balanced, equitable standard forms for building works and aim to allocate in advance the risks that arise on such undertakings. The guiding principle of these forms is that each risk should sit with the party best able to control or manage it. Concerns were raised about certain risk concepts and definitions in the 1999 editions, which FIDIC attempted to remedy in the 2017 updates; nevertheless, the overall shift in risk sharing was not particularly marked. FIDIC’s general position endures: the party most suitably placed to handle a given risk should bear it. The chosen FIDIC book...
Under the Proceeds of Crime Act 2002 ( POCA 2002) and the Terrorism Act 2000 ( TA 2000), anyone with knowledge or suspicion of money laundering or terrorist financing must notify the National Crime Agency ( NCA) through a Suspicious Activity Report ( SAR). Failure to report can attract serious criminal penalties. A SAR may take either of the following forms: an internal SAR to the firm’s nominated officer, or an external SAR to the NCA This Practice Note offers practical direction for the nominated officer on submitting an external SAR to the NCA and on obtaining a defence to proceed with a prohibited act (that is, to continue with a matter you know or suspect involves money laundering or terrorist financing). For fuller detail on the legal framework governing the SARs regime, see Practice Note: Reporting suspicions of money...
In arbitration, jurisdiction signifies the arbitral tribunal’s authority to decide issues that go to the merits of the dispute (see: Jurisdiction and admissibility in dispute resolution clauses). Accordingly, jurisdiction is a prerequisite for an arbitral tribunal to rule on a case... General principles of arbitral tribunal jurisdiction under Macau Arbitration Law Jurisdiction established by agreement—party autonomy In arbitration, the tribunal’s jurisdiction derives entirely from the parties’ consent. Their arbitration agreement(s) both grant the power to resolve disputes and delineate its scope. Although an arbitral tribunal has no inherent jurisdiction, it is empowered to assess that question itself under the general rule of Kompetenz- Kompetenz... The principle of Kompetenz Kompetenz The arbitral tribunal may determine its own jurisdiction and decide any challenge to the existence or validity of the arbitration agreement. This principle is recognised in virtually all arbitration regimes, and Macau is no exception. Under Article 46 of the Macau...
Practice Note This Practice Note outlines the overarching principles the court applies when deciding whether to award a lump sum in financial remedy proceedings, addressing the effects of remarriage, delay in issuing an application, and variation. It further sets out directions on interim lump sums and payments ordered for the benefit of children of the marriage or civil partnership. Pursuant to section 23(1) of the Matrimonial Causes Act 1973 ( MCA 1973) and Schedule 5, Part 1 to the Civil Partnership Act 2004 ( CPA 2004), the court is empowered to order such lump sum or sums as specified when granting a decree/order of divorce or dissolution, nullity, or (judicial) separation, or at any time thereafter. Other than where a (judicial) separation order is made, such orders do not take effect until a final order/decree absolute is pronounced by the court following the...
ARCHIVED : This Practice Note is archived and no longer maintained or updated. It examines the applicability of the Lugano Convention 2007 to disputes that involve non‑contracting parties to the Convention (commonly termed third states). The Note outlines a range of provisions within the Convention that may operate in third‑state scenarios, and explains their potential use. It also addresses the consequences for the UK when applying those provisions after its departure from the EU—the UK participated in the Lugano Convention 2007 through its EU membership. The Convention’s contracting parties are the EU, Denmark, and the relevant EFTA Member States, namely Iceland, Norway and Switzerland. In the absence of guidance from the pertinent EFTA contracting States on the stance they intend to adopt towards the UK, now that it is a third state for the purposes of the Lugano Convention 2007, it is crucial to obtain local...
This Practice Note summarises the statutory deadlines set out under the Landlord and Tenant Act 1954 ( LTA 1954) for issuing an application to the court for the renewal of business leases where a section 25 notice or section 26 request has been served, together with the mechanism for extending those periods under LTA 1954, s 29B(1) or s 29B(2), and the consequences of not taking timely action, whether by agreeing a further statutory extension of time to issue lease renewal proceedings, or by commencing proceedings within those limits, and the potential effect on the rentalisation of improvements and the date from which interim rent may fall due. It also outlines the process for any extension. Deadline for application to court The cut-off for either party to apply to the court for a new tenancy, or for an order terminating the existing tenancy without a new grant...
What is a Local Listed Building Consent Order? Local Listed Building Consent Orders ( LLBCOs) are issued by local planning authorities ( LPAs) in England and provide listed building consent for any type of work to alter or extend (not demolish) listed buildings within their jurisdiction. As a result, owners and developers avoid lodging repeated consent applications for works encompassed by an LLBCO. Duration of an LLBCO There is no statutory limit on how long an LLBCO may run. Nevertheless, Historic England recommends LPAs apply a time limit so that the order continues to uphold suitable conservation standards and reflects the building’s special interest. In practice, while not legally required, Historic England advises selecting a duration that suits local circumstances. Procedure for making an LLBCO The process LPAs must follow when creating an LLBCO is prescribed in the Planning ( Local Listed Building Consent Orders) (...
This Practice Note clarifies that a local housing authority ( LHA) may allocate housing accommodation as it thinks suitable, reflecting the needs of the local community, set out within a published allocation plan. When an application is submitted, it must be examined and a determination reached by applying the published allocation criteria. An applicant is entitled to seek a review of refusals and to be told the outcome on review together with the reasons for it. It also identifies when a challenge is governed by statute, and when it ought to be brought by judicial review. Applications for housing—decisions An LHA is required to assess every application for the allocation of accommodation made in line with the procedural requirements of its allocation scheme. So long as it is evident that proper consideration has been given, the court is unlikely to disturb the LHA’s...
The Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 WEEE 2013, SI 2013/3113, implements the requirements of Directive 2012/19/ EU, the recast WEEE Directive, and repeals and replaces the Waste Electrical and Electronic Equipment Regulations 2006 ( WEEE 2006), SI 2006/3289. The regime is founded on the principle of 'extended producer responsibility', under which producers accept responsibility for the environmental effects of their products, notably at the 'end of their life' when they are discarded as waste. That approach is mirrored in: Packaging Waste Regulations ( SI 2007/871 and SI 2015/1640). End of Life Vehicles Regulations ( SI 2005/263 and SI 2003/2635). The WEEE Directive (recast), and its predecessor Directive 2002/96/ EC ( WEEE Directive 2002), are likewise based on extended producer responsibility. See Practice Note: Waste electrical and electronic equipment ( WEEE) Directive—snapshot for more...
This Practice Note sets out the three principal models of governance for local authorities. It explains the difference between decisions that are executive and those that are non-executive or taken by the council. It also outlines the strict requirements for convening meetings and the notice that must be given, and discusses the rules and procedures concerning the agenda, minutes and executive meetings that apply in practice in detail. Executive and non-executive decision making There are three basic models of governance for local authorities: the Executive Leader and Cabinet Model: the Council, comprising all councillors, elects an Executive Leader, who appoints up to nine other councillors as members of the Executive (or ‘ Cabinet’) each Cabinet Member has a defined portfolio of responsibility the...
What is a local authority audit? External audit of local authorities is essential to the proper safeguarding of public funds. In England, this role is outsourced to accountancy firms and is governed by the Local Audit and Accountability Act 2014 ( LAAA 2014). Public Sector Appointments Ltd ( PSAA) (see below) awards contracts to firms on a standard five‑year basis, having let engagements for the period 2018/29–2022/23 and, most recently, for 2023/2024–2027/28. Under PSAA’s arrangements, appointments run for five years and PSAA sets the audit fees for specific bodies. Within each firm, the individual engagement lead must be accredited by the ICAEW as a Key Audit Partner. That accreditation is granted only where the individual has the necessary experience of local audit bodies and a commitment to spend the vast majority of their time on such audits. The Financial Reporting Council oversees the quality of the...
Care and support needs or community care assessments Care and support needs, also known as community care assessments, are undertaken by the local authority ( LA) for adults aged 18 or over who are ordinarily resident in its area. An LA is obliged to assess as soon as it becomes aware, or is asked, that someone may have care and support needs which the LA should meet. The process is governed by section 9 of the Care Act 2014 ( CA 2014), requiring the authority to decide: whether the adult has needs for care and support and, if so, what those needs consist of. Once the LA determines the person meets its eligibility criteria (see below), it must arrange or provide services to meet the assessed care and support needs. Since the CA 2014 took effect in April 2015, all LAs must follow the Care and...
Purpose of listing Listing primarily exists to safeguard buildings of notable architectural or historic significance, together with their surroundings, from alterations that would materially affect the importance of the buildings or their setting. Once a place is listed, any proposed works to the fabric or features of the buildings may require listed building consent, on top of any separate requirement for planning permission, and non‑compliance with the listed building controls can lead to criminal sanctions and formal enforcement action. For the purposes of the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990), a listed building means a building which is, for the time being, entered on a list compiled under P( LBCA) A 1990 (see ‘ What can be/is listed?’ below)......
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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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