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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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A compliance scheme is an organisation that supports enrolled producers by assuming their statutory duties, such as registration, submitting data, and achieving recovery targets. Each scheme is tied to a particular product type. In England and Wales, schemes operate for packaging waste, WEEE and batteries. This Practice Note considers how packaging waste compliance schemes are regulated under the Producer Responsibility Obligations ( Packaging and Packaging Waste) Regulations 2024. It sits within a wider suite of materials on packaging and packaging waste, including: Extended producer responsibility regime for packaging and packaging waste Reprocessing and exporting of packaging waste Packaging design and use Packaging waste compliance scheme The Producer Responsibility Obligations ( Packaging and Packaging Waste) Regulations 2024, SI 2024/1332, as amended, bring in the extended producer responsibility ( EPR) regime for packaging and its waste in England and Wales. From 1 January 2026, they will...
The Packaging ( Essential Requirements) Regulations 2015 ( PERR 2015) PERR 2015 sets the rules for compliant packaging product design across England and Wales in practice. They oblige producers to create packaging that is minimised, recyclable and within specified substance thresholds. These duties sit alongside the extended producer responsibility ( EPR) regime in England and Wales, which applies at a later stage in the packaging lifecycle and makes producers account for the environmental impacts of packaging waste and pay for its collection and management. Because EPR fees are modulated by recyclability, the PERR 2015 push to use recyclable, minimal packaging has a direct and measurable influence on those fees and charges. For further detail on EPR for packaging and packaging waste, see Practice Note: Packaging and packaging waste—extended producer responsibility regime, which provides additional information. In practical terms, the plastic packaging tax,...
CASE HUB ARCHIVED This archived case hub records the situation as at the decision of 27 October 2022 and is no longer updated. For more details, see the timeline. Case facts Outline A reference from Spain asks whether Article 5(1) of Directive 2014/104 should be read so that disclosure of ‘relevant evidence’ concerns only existing materials held by a defendant or a third party, or whether Article 5(1) also extends to documents that the addressee of the request may have to produce ex novo by compiling or organising information, knowledge or data it already holds. Latest development On 10 November 2022, the Court of Justice delivered its judgment and, aligning with the Advocate General, held that Article 5(1) means the production of “relevant evidence” also includes documents the addressee may need to create ex novo by aggregating or classifying information, knowledge or data in its...
The P. R. I. M. E. Finance Arbitration Rules The P. R. I. M. E. Finance Arbitration Rules (the P. R. I. M. E. Finance Rules; the Rules) provide an arbitration framework with features tailored to the needs of the financial markets. The latest edition took effect on 1 January 2022, following a comprehensive 2021 review, and governs arbitrations begun on or after that date. The Rules also contain model clauses together with a model submission agreement. This Practice Note serves as an introduction to P. R. I. M. E. Finance and its Rules. P. R. I. M. E. Finance stands for the Panel of Recognised International Market Experts in Finance, an independent, not-for-profit foundation headquartered in The Hague. By convening these Experts, we aim to promote certainty and lessen risk across the global financial markets. We work to foresee where...
In 2021, the P. R. I. M. E. Finance Arbitration Rules were substantively updated, with the 2022 version taking effect on 1 January 2022, covering arbitrations filed from that date onwards (the P. R. I. M. E. Finance Rules; the Rules). They also contain model clauses and a standard-form submission agreement document. This Practice Note examines the authority of arbitral tribunals constituted under the P. R. I. M. E. Finance Rules. A tribunal holds a broad discretion to manage the proceedings as it deems most suitable, so long as the parties are treated equally and each is afforded a reasonable opportunity to present their case. When using that discretion, the tribunal must avoid unnecessary delay and cost and ensure a fair, proportionate and efficient mechanism for resolving the dispute (art 16.1). Place, location, language and rule of law Among other relevant matters, where the parties have not...
The P. R. I. M. E. Finance Arbitration Rules were updated in 2021, and the 2022 edition took effect on 1 January 2022, governing arbitrations initiated on or after that date (the P. R. I. M. E. Finance Rules; the Rules). The Rules also set out model clauses together with a model submission agreement for use by parties. This Practice Note reviews the treatment of costs under the P. R. I. M. E Finance Rules. The key provisions on costs are located expressly in Section VI of the P. R. I. M. E. Finance Rules as specified therein. Scope of costs The tribunal will determine the arbitration costs in a final award, a termination order, or any other decision (art 48.1). Costs of the arbitration comprise (art 48.2): the arbitral tribunal’s fees and charges (art 49) reasonable expenses of the arbitrators, including any applicable value added or sales tax...
Revised in 2021, the P. R. I. M. E. Finance Arbitration Rules were issued in a 2022 edition that took effect on 1 January 2022, governing arbitrations begun on or after that date (the P. R. I. M. E. Finance Rules; the Rules). The Rules also contain model clauses and a model submission agreement. This Practice Note addresses the appointment, challenge and replacement of the arbitral tribunal under the P. R. I. M. E. Finance Rules. The P. R. I. M. E. Finance Rules set out comprehensive provisions on nominating and appointing the tribunal. They further cover the constitution of a tribunal, arbitrators’ disclosure obligations, and the challenging and replacement of arbitrators. Composition of the arbitral tribunal Section III of the P. R. I. M. E. Finance Rules explains how an arbitrator or arbitral panel is to be appointed. It also prescribes the...
ARCHIVED This archived Practice Note sets out the tax implications of IP completion day. It captures the position immediately after IP completion day on 31 December 2020. It is no longer updated and serves only as background. For more detail, see: Brexit, assimilated law and tax—overview. From exit day (11 pm on 31 January 2020), the UK was no longer an EU Member State and stopped taking part in the EU’s political bodies and governance frameworks. Under the transitional measures in Part 4 of the Withdrawal Agreement, exit day triggered an 11‑month implementation period during which, for many purposes, the EU continued to treat the UK as a Member State. That implementation period ran from exit day to IP completion day (11 pm on 31 December 2020). Throughout that time, the UK observed its obligations under EU law (including EU treaties,...
What is the SCC? The Stockholm Chamber of Commerce Arbitration Institute ( SCC) sits within, yet operates autonomously from, the Stockholm Chamber of Commerce. The Institute was founded in 1917. In the 1970s, the United States and the Soviet Union recognised the SCC as a neutral centre for resolving trade disputes. As a result, it remains a preferred venue for East/ West cases, that is, disputes involving one or more parties from North America or Europe and one or more parties from Russia, China, or states of the former Commonwealth of Independent States ( CIS). Over the past 25 years, filings at the SCC have grown substantially, and the institution has become one of the most important and most frequently used arbitration institutions globally. The SCC’s latest statistics can be found on its website (see also Practice Note: Arbitration statistics and...
Source and availability Sources Trustees are granted specific statutory powers, chiefly under the Trustee Act 1925 ( TA 1925) and the Trustee Act 2000 ( Tr A 2000), which define their authority......
What are the key features of real estate finance? This Practice Note concentrates on what is commonly regarded as traditional real estate finance, ie borrowing against the income stream a property produces. At its most basic, traditional real estate finance is a facility advanced to a borrower and serviced, then repaid, from the rental receipts of the borrower’s property. ( Alternative routes to invest in real estate finance include sale and leaseback, real estate investment trusts, jersey property unit trusts and property derivatives. For further details, see: Methods of investing in real estate—overview). Real estate finance arrangements will generally be categorised as either investment finance or development finance, depending on whether the asset is acquired as an investment (ie it is already producing income) or acquired for development. For more information, see Practice Notes: Real estate...
ARCHIVED: This Practice Note is no longer updated and is supplied solely for background reference purposes only. In addition, certain links may not lead to the provisions as they stood on the date the guidance in this Practice Note was issued. Warning: if you plan to print the final report, it runs to more than 500 pages in length. Introduction On 14 January 2010, Jackson LJ released his final report on the review of costs in civil litigation. The report examines how cases are financed and how costs are generated, managed and evaluated throughout. Jackson LJ proposes fundamental reforms, firmer enforcement of existing rules, and greater awareness among judges, lawyers and litigants alike. Funding Before proceedings begin, there must be clarity and understanding about how they will be funded. A review of the legal aid system was beyond the scope and remit of the report....
This Practice Note provides a high level overview of the common EU immigration policy This Practice Note sets out a high-level survey of the EU’s common immigration policy, highlighting the principal Directives adopted since the late 1990s when the Union acquired explicit legislative authority in this field. It reviews the reach of those measures, the admission and residence criteria for Third Country Nationals ( TCN), the equal treatment entitlements accorded to TCNs, and the safeguards for continuity of residence for TCNs and their family members, alongside a short appraisal of how these Directives ease intra- EU free movement. The internal market is intended to be an area without internal borders, guaranteeing the free movement of goods, persons, services and capital in line with the Treaties ( Article 26 TFEU, formerly Article 14 EC Treaty). While the EU lacked clear competence to govern the entry and...
ARCHIVED: This Practice Note has been archived and is no longer maintained. Background When the Energy Act 2013 ( EA 2013) took effect, and to some extent still today, the UK was grappling with significant issues across its electricity system. These encompassed: developing low-carbon generation capacity to hit net zero carbon goals (as prescribed under the Climate Change Act 2008, as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019, SI 2019/1056) replacing power plants approaching the end of their operational lives modernising grid infrastructure to cope with a higher share of intermittent and inflexible generation (for example wind and nuclear respectively, in contrast to conventional and responsive sources such as coal-fired turbines) and a growing population delivering gains in energy efficiency, notably within older, inefficient building stock, to help restrain energy...
The Lexis+® UK Financial Services team’s Essentials guides consist of Practice Notes offering comprehensive summaries of key UK and EU financial services regulation, covering principal areas of interest and the latest developments. These Essentials Practice Notes act as ‘feeder notes’ into broader Lexis+® UK practical guidance and news. As well as being included in the UK and EU financial services regulation essentials subtopic, they also appear in the appropriate subtopics within the Financial Services topic tree, alongside the materials indicated below and additional content. For collections of one minute guides and timelines, see: UK and EU financial services regulation—one minute guides—overview and UK and EU financial services regulation—trackers and timelines—overview. For a starting point to the content in the Financial Services module, see Practice Note: Financial Services—getting started guide. EU and EU-derived FS regulation essentials UK regulation of alternative investment fund...
The legal regime for covert surveillance by public authorities now sits in the Investigatory Powers Act 2016 ( IPA 2016), supplanting provisions that had previously been contained in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000) and other enactments. Part 8 of IPA 2016 creates the office of the Investigatory Powers Commissioner ( IPC), with support provided by additional Judicial Commissioners. That Part of IPA 2016 is designed to deliver independent oversight of the use of the powers set out elsewhere in the Act, in part responding to concerns about the breadth of those powers. In May 2021, the Grand Chamber of the European Court of Human Rights held that independent (not necessarily judicial) scrutiny of the authorisation and use of bulk interception powers is a significant feature of the contemporary regulation of investigatory powers. The...
This Practice Note has been archived and is no longer maintained. Finance Act 2025 ( FA 2025) brings in legislation to abolish the remittance basis of taxation and to replace it with a residence-based regime from 6 April 2025. Adjustments have also been made to overseas workday relief, so that an employee’s entitlement depends on their residence for the relevant tax year and, subject to certain transitional provisions, whether they are eligible for the four-year foreign income and gains regime for that year. For details on these updates, see the following Practice Notes: The abolition of the remittance basis of taxation from 2025–26 Foreign income and gains regime from 6 April 2025 Overseas Workday Relief from 6 April 2025 For the OWR rules that applied before 6 April 2025, see Practice Note: The statutory residence test—overseas workday relief before 6 April 2025 [...
This Practice Note This Practice Note outlines the various forms of overseas pension arrangements and their characteristics, together with valuation, procedural and enforcement considerations that family practitioners may face when overseas pensions arise within financial proceedings. When pursuing a financial remedy application, practitioners may come across a spectrum of pension or pension‑type schemes, including those accumulated or transferred abroad. Close scrutiny of the rules governing any non‑ UK pension scheme is essential, as they may differ markedly from those familiar in the UK. Certain overseas pensions are more readily realisable than UK schemes and can be treated as an additional pool of capital for distribution; accordingly, a conventional lump sum order might be made instead of a pension sharing or attachment order, to divide the available funds either immediately or on a deferred basis. Consider arranging life assurance to cover the period before the lump sum is...
For the purposes of this note, it is assumed that: This Practice Note outlines the actions overseas entities must follow when owning, buying or disposing of land to meet the requirements of the Economic Crime ( Transparency and Enforcement) Act 2022 ( EC( TE) A 2022). It should be read alongside Practice Note: Overseas entities and land under the Economic Crime ( Transparency and Enforcement) Act 2022—property registration and restrictions. the relevant land amounts to a qualifying estate for the purposes of EC( TE) A 2022 where an overseas entity already owns the land, title was entered further to an application to HM Land Registry ( HMLR) on or after 1 January 1999 the body in question is an overseas entity for the purposes of EC( TE) A 2022 references to: the ROE mean the register kept under EC( TE) A 2022, s 3;...
Recognition prior to IP completion day and Recognition after IP completion day This Practice Note explains how the recognition of an overseas divorce in England and Wales operates both before and after IP completion day—see: Recognition prior to IP completion day and Recognition after IP completion day. At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s withdrawal from the EU concluded. From that moment (identified in UK law as ‘ IP completion day’), key transitional provisions ended and substantial modifications arose within the UK’s legal framework. See Practice Note: Family proceedings with EU connections—toolkit. Before IP completion day, Council Regulation ( EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility ( Brussels II bis or Brussels IIA) governed...
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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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