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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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What are OFTOs? Offshore Transmission Owners ( OFTOs) hold and operate the offshore transmission assets that link offshore wind farms to the mainland electricity system. These assets span the full chain from the offshore interface with the generating wind farm through to the onshore grid connection point, and include all cables and related connection equipment. Commonly, the assets comprise any offshore platforms and linked substations, export cables, the onshore substation, and the onshore cable routes to the Distribution Network Operator substation. For details on the various participants in the Great Britain ( GB) onshore and offshore transmission landscape, and how they sit within the broader GB electricity market, see Practice Note: The Great Britain electricity market—an introduction. Introduction to the OFTO regime The legislative framework In 2011, the EU Third Energy Package was transposed into UK law via the Electricity and Gas ( Internal Markets)...
Requirement to transfer offshore transmission assets For further practical guidance on key legal issues in the wind sector, see also the following resources: Wind: Projects and Transactions Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition (for detailed commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales) That textbook offers in-depth analysis of matters discussed in this Practice Note. Why are generators required to transfer offshore transmission assets? An offshore wind farm depends on its link to the onshore electricity grid via offshore electricity transmission assets. Under the regime for projects in Britain’s territorial waters, generators may choose for a separate offshore transmission owner ( OFTO) to build these transmission assets; nevertheless, to date, UK offshore wind generators have undertaken the construction themselves (commonly termed Generator Build). However,...
In order to keep reporting fund status, a reporting fund must meet ongoing obligations laid out in Part 3 of the Offshore Funds ( Tax) Regulations 2009, SI 2009/3001 (the Offshore Funds Regulations). These cover the fund’s accounting policy, the duty to compute ‘reportable income’, and the obligation to provide reports and specified information to investors and HMRC. Observing these obligations is considered essential to ensure the reporting fund regime operates as intended. Because offshore funds are otherwise outside HMRC’s jurisdiction (by virtue of being ‘offshore’), the offshore funds legislation equips HMRC with sanctions to deal with any failures to meet these obligations. Where a reporting fund falls short of the stipulated requirements, the aim is that any outcome should be fair and proportionate. Failures are therefore categorised as ‘minor’ or ‘serious’. Where a reporting fund commits a ‘serious’ failure of the...
Introduction This Practice Note addresses environmental compliance for running offshore installations and infrastructure in England and Wales. It is a complex field spanning multiple regimes: environmental assessment duties; the need for environmental permits, licences and consents; marine conservation controls; and measures to prevent pollution, manage marine noise and chemicals, and improve energy efficiency and emissions. The precise obligations differ according to the nature of the project. Other regimes also apply but fall outside the scope of this Practice Note. These include marine planning processes, applicable building controls, design and safety standards, relevant health and safety law and decommissioning obligations. In addition, access to the seabed or foreshore may require permission from the Crown Estate or the appropriate landowner, and admiralty consent can be needed under local legislation. For more information, see: Marine...
The Consumer Contracts ( Information, Cancellation and Additional Charges) Regulations 2013 ( Consumer Contracts Regs 2013), SI 2013/3134 apply when you agree a retainer with a consumer client outside your premises. This Practice Note covers: when the regulations apply when your client has cancellation rights under the regulations how to comply with the regulations The Consumer Contracts Regs 2013 also apply where you do not meet the client at all before entering into a retainer. For more information see Practice Note: Distance contracts—law firms. The decision tree below will help you decide whether the regulations apply and, if they do, which elements you must follow, i.e. the provisions for off‑premises contracts or for distance contracts. Workflow Flowchart: off premises contract from 13.06.2014 will help you determine whether you are entering into an off‑premises contract and, if so, what information you need to provide to the...
A limited company may buy back shares in itself, if certain conditions set out in the Companies Act 2006 ( CA 2006) are met. Often termed a share buyback or a purchase of its own shares, this is permitted where the CA 2006 requirements are satisfied. Alongside CA 2006, additional rules and guidance can be relevant to a buyback, although certain provisions only affect a listed company or an AIM company. For an overview of share buybacks, see Practice Note: How to carry out a share buyback. For the applicable law and the reasons a company might undertake one, see Practice Note: Share buybacks—the legal framework. This Practice Note explains the rules that may apply to a private limited company proposing to repurchase its shares by way of a tender offer. It should be read together with the following Practice...
( OS) The OS is an officer of the Supreme Court, appointed by the Lord Chancellor. The OS’s team comprises seasoned solicitors who specialise in Court of Protection work, whose practical expertise supports the court, the protected party ( P), and any other participants in the case. The OS can, for example, advise the court about aspects of its powers or procedure, or liaise with others to clarify matters, propose options, and help the parties reach agreement where feasible. The OS acts for children and for people who lack capacity in legal proceedings, but only if no other suitable person or body is available to take on that role. The position exists to ensure P’s welfare, property, or status is properly protected. In Court of Protection property and affairs cases, this generally involves serving as litigation friend—often in statutory Will or gift...
You can reach the EU’s official online directory through this link: the EU Whoiswho. It lets you look up details by person, organisation, or by hierarchical structure. We have......
This Practice Note outlines the regulatory requirements that relate to fire safety within the workplace environment. It focuses specifically on an office-based, non-residential workplace context. Other sector- or premises-specific rules may apply in different contexts and environments, particularly for residential and domestic buildings, such as flats and multi-storey residential properties. Requirements for fire safety in residential and domestic premises, and building regulations relating to fire safety, are expressly outside the scope of this Practice Note. For practical information about managing fire safety in an office-based workplace, see Practice Note: How to manage fire safety in the workplace. Legislative requirements There are several statutory obligations concerning workplace fire safety, including the following areas: what constitutes a workplace who is a ‘responsible person’ general fire precautions, for example: recognition and control of fire risks ...
This Practice Note addresses regulatory duties for workplace health and safety, including safe work equipment and manual handling. The framework derives from multiple sources; see our Health and safety—key legislation table for an overview. It focuses on office-based environments; other sectors may have additional, context-specific rules. For requirements on visual display screen equipment, consult the Practice Note: Display screen equipment—regulatory requirements. For practical guidance on running and assuring health and safety, see Practice Note: How to manage health and safety in the workplace. For detailed manual handling duties, refer to the subtopic: Manual handling. Legislative requirements Multiple pieces of legislation apply to health and safety in the workplace. Health and Safety at Work etc Act 1974 The Health and Safety at Work etc Act 1974 ( HSWA 1974) is the principal statute governing occupational health and safety. In short, employers have a duty to secure, so far as is...
A clear, accessible health and safety framework helps an organisation manage it effectively and efficiently. Certain aspects, such as assessing and controlling risks in the workplace, are required by law. An organisation should therefore: define its overarching principles and aims for ensuring the health and safety of key stakeholders—what it seeks to achieve (see subtopic: Health and safety policy) pinpoint key personnel and secure their input carry out a risk assessment develop a justified action plan explaining what the organisation needs and why (see Practice Note: How to formulate a health and safety plan) put the plan into practice review the plan This Practice Note outlines how to conduct a health and safety risk assessment in an office-based setting. Other sector- or workplace-specific matters may arise in different environments. For details of regulatory...
Health and Safety at This table sets out an overview of the principal legislation relevant to health and safety in an office-based environment. Additional sector- or workplace-specific obligations may apply in other working contexts. The table shows how these requirements apply according to the organisation’s nature and size. Organisation trading as a sole practice, partnership or LLP (5+ employees) Organisation trading as a sole practice, partnership or LLP (fewer than 5 employees) Organisation trading as a sole practice, partnership or LLP (no employees) Organisation operating as a limited company (5+ employees) Organisation operating as a limited company (fewer than 5 employees) Organisation operating as a limited company (no employees) Organisation where employees are represented by a trade union......
The illustration outlines principal steps for evaluating health and safety risks and developing a health and safety plan. It covers health and safety obligations in an office setting. Alternative sector or workplace-specific duties could be relevant in other types of workplaces. Note 1: Engage with employees or their chosen representatives to obtain views on health and safety issues—see Precedents: Health and safety employee consultation meeting agenda and Health and safety......
Although the SRA does not insist on an office manual, it remains vital that staff can readily access overarching information on how the office functions and know where to locate compliance, human resources and health & safety policies internally. Practices that hold, or aim to obtain, the Legal Aid Agency Specialist Quality Mark must keep an office manual, and other firms may well view this as good professional practice. Legal accreditation schemes Lexcel Lexcel is the Law Society’s voluntary practice management standard. The Lexcel standards should generally be treated as mandatory by firms that have, or are working towards, Lexcel accreditation. They are not mandatory for other firms, though they act as a clear sign of good practice in many contexts......
This Practice Note sets out the regulatory obligations for health and safety incidents, including duties to report injuries, diseases and other hazardous events. It addresses incident requirements for office-based workplaces. Different sectors or work settings may have additional, specific rules. For practical guidance on investigating, managing and reporting incidents, see Practice Note: How to manage health and safety incidents. Procedures Under the Management of Health and Safety at Work Regulations 1999 ( SI 1999/3242), organisations employing staff must: Put in place, and where needed activate, suitable procedures to be followed where there is serious and imminent danger to people at work Nominate a sufficient number of competent persons to carry out any evacuation procedures Ensure employees do not enter any workplace area where access is restricted on health and safety grounds unless they have received adequate health and safety...
This Practice Note sets out guidance on investigating, managing and reporting health and safety incidents within an office-based workplace. Different sectors or workplaces may have their own specific requirements in other settings. Dealing with incidents Employers, and anyone with control of work premises, must keep records and report specified events, including serious injuries, fatalities, cases of disease, or dangerous occurrences. For details of the regulatory obligations relating to health and safety incidents, see Practice Note: Dealing with health and safety incidents—regulatory requirements. Key staff members Ensure the individual (or designated team) with overall responsibility for health and safety has sufficient seniority to direct the assessment and management process when an incident arises and to supervise any actions implemented—see Practice Note: Dealing with health and safety incidents—regulatory requirements. According to the organisation’s size and the nature of its activities, additional personnel may need to be appointed to help the...
This Practice Note outlines the principal issues for employers and employees to consider when making or accepting an offer of employment. Although both may focus on similar matters (eg ensuring the offer terms are correctly captured), their interests can diverge. The conclusion of this note signposts areas that are commonly of particular concern to each side. For more detailed guidance on discrimination considerations and other matters that may arise during the recruitment process, including competition law considerations, see Practice Note: Recruitment—methods, discrimination and other issues. For information on data protection issues in recruitment, see Practice Note: Recruitment and selection—data protection issues. Form of the offer An offer of employment can be made orally or in writing, but committing it to writing is advisable to remove uncertainty about its terms. If made orally, there is a risk that not all terms are fully...
This Practice Note explores what is required for a legally binding offer. It covers: the meaning of ‘offer’ how to distinguish an offer from an invitation to treat, with common examples types of offer, ie proposals ‘subject to contract’, heads of terms, and unilateral contracts the ways in which offers can be terminated For practical guidance on valid acceptance, see Practice Note: Forming contracts—acceptance. For the court’s general approach to contract formation, see Practice Note: Forming enforceable contracts—the court's general approach. Note: Part 36 settlement offers made under CPR 36 fall outside the usual rules of contract law and are governed by the specific regime set out in CPR 36. For guidance on what constitutes a valid Part 36 offer, see Practice Note: Part 36 offers—how to make a valid Part 36 offer. The elements of a legally binding offer the...
In some parts of the legal market, lawyers may offer incentives to persuade prospective clients to instruct the firm. Examples of inducements include: a cash advance to be set off against sums recovered by the client in the matter a free, non-returnable i Pad or other device Personal injury matters You must not offer another person an inducement to bring a claim in civil proceedings for: damages for personal injury or death, or damages arising out of circumstances involving personal injury The prohibition extends to inducements that are intended, or likely, to encourage someone to make a claim or to seek advice from a regulated person (e.g. a law firm) with a view to pursuing a claim. It applies regardless of how the offer is presented, whether it is conditional, the timing of any offer, and even where the benefit would be...
Offences under the Licensing Act 2003 All offences created by the Licensing Act 2003 ( LA 2003) are summary-only, meaning they are heard solely in the magistrates’ court. Ordinarily such matters must be brought within six months of commission ( Magistrates’ Courts Act 1980, s 127), but LA 2003, s 186(3) provides that, for these offences, the deadline to lay an information runs to twelve months from the date of the offence. Proceedings are commonly commenced by postal requisition. Licensing Authorities, the police, or the local Weights and Measures Authority may prosecute any LA 2003 offence. In addition, the court may order the forfeiture of a personal licence or suspend it for up to six months, and can also direct the forfeiture of any goods involved (eg alcohol). Following conviction for a relevant offence within LA 2003, s 113(1), the police may object to any...
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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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