Featured documents
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
Most recent Practice notes
This Practice Note explores the establishment of a European Enforcement Order ( EEO) for uncontested claims under Regulation ( EC) 805/2004 (the EEO Regulation). ‘ Uncontested claims’ covers situations where, following verification that the debtor raises no dispute about the nature or extent of a monetary claim, the creditor has obtained either a court decision against that debtor or an enforceable document requiring the debtor’s express consent, such as a court settlement or an authentic document. The EEO Regulation prescribes the process for securing an order that permits a creditor to enforce a judgment in another Member State. The enforcement stage is governed by the procedural law of the EU Member State where enforcement is pursued ( Article 20(1) of the EEO Regulation). What is an European Enforcement Order? The EEO for uncontested claims was introduced to enable the free circulation of...
What is a warrant of delivery? When a claimant succeeds in a claim to recover goods, the County Court can make an order requiring the defendant to hand those items back to the claimant. If the defendant does not comply, a warrant of delivery is the mechanism used to enforce that order. It is a County Court document instructing bailiffs to ensure the goods are delivered by the defendant. When can I apply for a warrant of delivery? In order to apply for a warrant of delivery there are a number of requirements: Requirement Guidance A judgment or order requiring the delivery of goods, with or without the alternative of paying the assessed value of those goods. Where you have a judgment or order for the delivery of any goods, it will be enforceable by a warrant of delivery in accordance with CPR 83.23, unless any other rule or act...
The core public entitlement on a highway is to go to and fro, and blocking a highway may constitute a criminal offence as well as a civil wrong in tort. Highway authorities carry a statutory obligation to prevent, so far as practicable, the stopping up or obstruction of highways within their respective areas. Criminal offence of obstruction Wilful obstruction of a highway without lawful excuse is also one of a number of criminal offences. Lawful excuse can exist in several situations, including for example: use of statutory powers to plant trees in highways, erect barriers within those highways, or place gates across them; where a landowner has dedicated a highway subject to a restriction that permits an otherwise obstructive feature, such as a pre-existing bridge or an overhanging building; exercise by a frontager of lawful rights to use the highway for access to their...
Offences which require obligatory disqualification Offences attracting compulsory disqualification are specified in Schedule 2, Parts I and II of the Road Traffic Offenders Act 1988 ( RTOA 1988). These include: causing death by dangerous driving dangerous driving causing death by careless driving aggravated vehicle-taking driving or attempting to drive when unfit driving with excess alcohol causing death or serious injury by driving whilst disqualified The Sentencing Council has issued overarching guidance that brings together all existing material on driver disqualification. The guidance applies to all adult offenders sentenced on or after 1 April 2025, irrespective of when the offence was committed. It sets out when the power to disqualify is triggered, how to determine the appropriate length of a ban, the recognised exceptions, and how a disqualification is administered. Where a...
This archived Practice Note considers the requirement in the National Planning Policy Framework ( NPPF) as first issued in 2012 (the 2012 NPPF) for local planning authorities ( LPAs) to plan to meet the full, objectively assessed needs ( OAN) for market and affordable housing in their areas. On 24 July 2018, the government published a revised NPPF (the 2018 NPPF), which replaced the 2012 NPPF from that date. It altered the policy approach to determining housing need and housing land supply. Transitional provisions in Annex 1 of the 2018 NPPF provide that: from 24 July 2018, the policies in the 2018 NPPF should be taken into account as material considerations in the determination of planning applications development plans ‘may’ also need to be revised to reflect policy changes brought about by the 2018 NPPF; such revisions should be...
This Practice Note reviews several leading cases on the notion of objective justification, with references to judgments of the Court of Justice of the European Union ( CJEU). In broad terms, EU judgments issued on or before IP completion day continue to bind UK courts and tribunals (even if the EU courts later reach a different view) unless and until the UK courts exercise their powers to depart. As a rule, EU case law created after that date is not binding in the UK, though UK courts and tribunals may still have regard to later EU judgments where relevant. For fuller guidance on the approach to EU case law, see Practice Note: Assimilated law— Assimilated case law... Objective justification Objective justification is a commonly used shorthand for establishing that a provision, criterion or practice ( PCP) which disadvantages an individual or group compared with others is...
This Practice Note includes citations and references to case law decisions from the Court of Justice of the European Union ( CJEU). For guidance on whether EU judgments bind UK courts, see Practice Note: Assimilated law — Assimilated case law. What is objective justification? As set out below, objective justification can operate as a potential defence to allegations of either direct or indirect discrimination, though it is available only in very limited and exceptional circumstances in claims of direct discrimination. Under the Equality Act 2010 ( Eq A 2010), there is prima facie indirect discrimination where A subjects B to the application of a provision, criterion or practice (often termed a ‘ PCP’) that is discriminatory in relation to a relevant protected characteristic of B’s. A PCP is discriminatory if: A applies, or would apply, it to persons who do not share B’s...
Justification—the ‘justification defence’ This Practice Note explores the concept of justification—often termed the ‘justification defence’—within discrimination under the Equality Act 2010 ( Eq A 2010). It addresses what may amount to a proportionate means of achieving a legitimate aim. It assesses proportionality in cases of indirect discrimination ( Eq A 2010, s 19(2)(d)), including where the objective is to prevent discrimination linked to other protected characteristics. It reviews the notion of a provision, criterion or practice ( PCP) and considers issues arising in relation to direct and indirect age discrimination ( Eq A 2010, s 13(2)) and the Heyday case. In doing so, it evaluates objective justification, defence (no discrimination), the burden of proof, the approach a tribunal should adopt, and circumstances where discrimination rights come into conflict. This Practice Note includes references to case law of the Court of Justice of the...
This Practice Note This Practice Note clarifies the steps that follow service of a nullity petition (application for a matrimonial order) where proceedings were commenced before 6 April 2022. It specifies the period for returning the acknowledgement of service, outlines what a respondent wishing to contest or defend the proceedings must do, the deadline by which any answer must be filed, and also the actions required where a respondent seeks a matrimonial order. From 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) came into force. Although DDSA 2020 does not alter the substantive law on nullity proceedings, procedural consequences arise under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955 affecting applications for nullity and nullity of marriage orders issued on or after 6 April 2022. These changes principally concern updated...
The Matrimonial Causes Act 1973 ( MCA 1973) The MCA 1973 defines the circumstances in which a marriage is void or voidable, together with the obstacles to granting a decree of nullity. Although nullity petitions are uncommon, they can still be the right route in particular cases. On 6 April 2022 the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) came into force. While DDSA 2020 reformed the framework for divorce, dissolution and judicial separation, it made no substantive alterations to the law on nullity. Accordingly, the bases on which a marriage or civil partnership can be declared void or voidable remain the same. There are, however, knock-on procedural amendments in the updated Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. These changes are procedural in nature and do not alter the legal grounds at all. These affect...
This Practice Note outlines how to begin nullity proceedings and applies to applications issued before 6 April 2022. It details the time limits for nullity, the correct forum to start proceedings, and jurisdictional considerations. It explains the steps to take where a previous petition is on the record. It offers practical guidance on preparing a petition, including when to leave out the petitioner’s address, the mandatory particulars that must be included, and how to frame a statement of case... Nullity proceedings Family proceedings are regulated by the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. Provisions specific to nullity appear in Part 7 of the FPR 2010, together with PD 7A and PD 7B. On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) came into force. While DDSA 2020 does not alter the substantive law on nullity, it brings...
Practice Note This Practice Note sets out how to begin nullity proceedings from 6 April 2022, reflecting procedural revisions to the Family Procedure Rules 2010, SI 2010/2955 that flowed from the commencement of the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020). It clarifies the updated terminology and identifies the jurisdictional basis for applications for a nullity of marriage order and, in the case of civil partnerships, a nullity order. It also specifies the documents to lodge when issuing a nullity claim and the steps to take where the marriage or civil partnership certificate cannot be produced. DDSA 2020 introduced major changes to the Matrimonial Causes Act 1973 ( MCA 1973) and the Civil Partnership Act 2004 ( CPA 2004) for divorce, civil partnership and (judicial) separation cases issued on or after 6 April 2022. It abolished the need to evidence...
Practice Note This Practice Note outlines the steps that follow service of an application for a nullity of marriage order or a nullity order in cases issued on or after 6 April 2022, i.e. after the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect. It details the respondent’s obligations on receipt of the application and the deadline for returning the acknowledgement of service, including the time frame within which the acknowledgement of service must be filed. It also describes how an applicant seeks a conditional order (previously termed a decree nisi). In addition, it sets out the process for obtaining a final order (previously decree absolute) and the circumstances in which a respondent may seek that order. DDSA 2020 introduced significant reforms to the Matrimonial Causes Act 1973 ( MCA 1973) and the Civil Partnership Act 2004 ( CPA 2004)...
This Practice Note outlines the offences that may arise from nuisance parking and from carrying out vehicle repairs on the highway. It also summarises the statutory defences and the maximum penalties that can follow upon conviction... Nuisance parking Sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005 ( CNEA 2005) criminalise nuisance parking. Both offences are dealt with summarily... Under CNEA 2005, s 5, criminal liability can attach to directors and other officers acting in that role, as well as to the company itself for committing an offence... There may additionally be liability under section 137(1) of the Highways Act 1980 ( Hi A 1980) for wilful obstruction of the highway... Furthermore, where anything is unlawfully placed on the highway so as to amount to a nuisance, a local authority may serve a notice requiring removal and apply to the...
Industry bodies Body Description The ESC serves as the Capacity Market Settlement Body, overseeing the distribution of capacity payments and the collection of penalties from recipients supported by the Capacity Market. It acts as the Capacity Market ‘ Settlement Body’. It also manages, in that capacity, the sums received from licensed electricity suppliers that finance the payments the ESC makes to those Capacity Market beneficiaries. Those supplier receipts underpin the ESC’s outgoing payments. The ESC was designated under the Electricity Capacity Regulations 2014, SI 2014/2043, reg 80, and is a company wholly owned by DESNZ. Its relationship with its sole shareholder—the Secretary of State for Energy Security and Net Zero ( So S)—is set out in a Framework Document. Operationally, ESC shares premises, a website and senior leadership with the Low Carbon Contracts Company Ltd ( LCCC), the counterparty for the low carbon...
What is the impact of Brexit on the UK nuclear sector? On 31 January 2020 (‘exit day’), the UK stopped being a Member State of the EU. At that moment, a transition/implementation phase began, during which the EU continued to treat the UK as if it were still a Member State for many matters. Leaving the EU also entailed departure from the Euratom Community. At 11 pm ( GMT) on 31 December 2020, the transition/implementation period ended. This moment, termed ‘ IP completion day’ in UK law, brought transitional measures to a close and triggered substantial changes across the UK’s legal framework. It likewise confirmed the UK’s withdrawal from Euratom. Any developments relevant to this material will be set out below. On 24 December 2020, the UK government confirmed agreement of the EU‑ UK Trade and Cooperation Agreement ( TCA), supported by various...
In March 2022, the Oil and Gas Authority ( OGA) adopted a new name and is now the North Sea Transition Authority ( NSTA). To avoid any uncertainty, this Practice Note uses the term NSTA, even where, at the time in question, the body was called the OGA. Mentions of the NSTA also cover its previous incarnation as the OGA. In the same way, this Practice Note cites any issued documents or strategies using the updated NSTA title, despite their original publication under the OGA name. For instance, what used to be termed the ‘ OGA Strategy’ is described here as the NSTA Strategy. Although legislation still refers to the organisation by its former title, the OGA, relevant functions are performed by the NSTA. Accordingly, statutory references appearing in legislation outside this Practice Note are, in practice since March 2022, to be read as...
Nationally significant infrastructure project consent regime The Planning Act 2008 ( PA 2008) establishes a development consent regime for nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. When proposals exceed specified thresholds, they must be authorised under that PA regime. Qualifying schemes therefore require development consent under PA 2008. Applications for development consent are submitted directly to the Planning Inspectorate ( PINS), which acts on behalf of the Secretary of State, rather than to the local planning authority in the first instance. Development consent is granted by way of a single development consent order ( DCO). See Practice Note: Permission for nationally significant infrastructure projects. National Policy Statements ( NPSs) are statutory documents that set out the government’s policy for particular categories of NSIPs and provide the framework within which the Secretary of State reaches decisions on NSIP...
Under the Planning Act 2008 ( PA 2008), a development consent regime applies to nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. Applications for development consent orders ( DCOs) are determined with reference to National Policy Statements ( NPSs), which set out national policy for NSIPs. See Practice Note: National Policy Statements. Although the Secretary of State ( So S) is legally responsible for the decision, in practice the Planning Inspectorate ( PINS) is authorised to accept and examine applications. See Practice Note: Permission for nationally significant infrastructure projects. For further details on how examinations are conducted, see Practice Note: Examination of nationally significant infrastructure projects—procedure and Flowchart: Development consent order ( DCO) application...
The Planning Act 2008 ( PA 2008) establishes the consent framework for nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. Decisions on development consent order ( DCO) applications may be taken by reference to any relevant National Policy Statements ( NPSs), which articulate national policy for NSIPs. See Practice Note: National Policy Statements. While the Secretary of State ( So S) is legally accountable for the decision, in practice the government entrusts acceptance and examination of applications to the Planning Inspectorate ( PINS). See Practice Note: Examination of nationally significant infrastructure projects—general. The government has issued a ‘ Collection: National Infrastructure Planning Guidance Portal’, containing guidance on NSIP pre-examination, the examination itself, the fast-track route for NSIPs, and awards of costs relating to the examination of DCO applications. Collectively, these provisions define the route by which...
Popular documents
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 ]...
Discover more from LexisNexis
