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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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Conserving biodiversity Section 40 of the Natural Environment and Rural Communities Act 2006 ( NERCA 2006) places a duty on all public authorities in England and Wales to have due regard, when exercising their functions, to conserving biodiversity. The core intention is to embed biodiversity considerations as an integral part of policy and decision-making across the public sector, so that it makes a significant contribution to achieving the government’s commitments in the 25 Year Environment Plan (25 YEP). In doing so, the public sector should be seeking to contribute meaningfully to the delivery of those commitments. The Environment Act 2021 ( EA 2021) further reinforces this duty and contains a range of provisions to drive environmental improvement, placing the 25 YEP on a statutory footing. Development plans and planning decisions have the potential to affect biodiversity outside, as well as inside, relevant...
The Companies Act 2006 ( CA 2006) requires companies to keep the following statutory registers: the register of members the register of directors the register of people with significant control (the PSC register) the register of directors’ residential addresses the register of secretaries For further detail on these statutory records, see Practice Note: Company records—a company’s statutory registers. The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), which secured Royal Assent on 26 October 2023, will significantly alter the record-keeping framework set by CA 2006. When fully commenced, ECCTA 2023 updates existing legislation so that a company will no longer be required to maintain its own (local) register of directors, register of directors’ residential addresses, register of secretaries, or PSC register. The register of members, however, falls outside this reform and will instead continue to be held locally by the...
This Practice Note outlines the specific time limits for personal injury matters that fall outside the standard three-year limitation period. It addresses a range of atypical accident scenarios, including: accidents abroad accidents on aircraft, boats or international trains Criminal Injuries Compensation Authority claims Motor Insurers’ Bureau claims claims under the Fatal Accidents Act 1976 ( FAA 1976) claims by the armed forces actions under the Human Rights Act 1998 For a useful table comparing the different limitation periods, see Practice Note: Time limits under the Limitation Act 1980—personal injury claims— Exceptions to the general rule. Accidents abroad Under the Foreign Limitation Periods Act 1984 ( FLPA 1984), where a court in England or Wales applies the law of another country, the relevant foreign limitation period will govern unless its application would be contrary to public policy ( FLPA 1984, s...
ARCHIVED: This Practice Note gives an overview of the non-resident capital gains tax ( NRCGT) charge that applied to certain non- UK resident persons when they disposed of UK residential property on or after 6 April 2015 and before 6 April 2019. This note is archived and is no longer maintained. From 6 April 2019, changes to the taxation of gains realised by non- UK residents on UK immovable property took effect, as set out in section 13 and Schedule 1, Part 1 to the Finance Act 2019. For the position from 6 April 2019, see Practice Note: Non-residents and tax on chargeable gains from 6 April 2019—gains and UK immovable property. For disposals taking place on or after 6 April 2015 and before 6 April 2019, NRCGT applied where non- UK residents disposed of UK residential property. The rules covered: Non- UK...
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 ( FA 2025), which received Royal Assent on 20 March 2025, delivers the repeal of the remittance basis and introduces a residence-based system with effect from 6 April 2025. FA 2025 also replaces domicile as the principal criterion for determining exposure to inheritance tax. Updates to the rules for determining excluded property status Abolition of the protected settlements status for offshore trusts Changes to overseas workday relief For details on these measures, see: Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. A non-reporting offshore fund is any offshore fund that does not have reporting fund status for a particular period of account. For what constitutes an offshore fund, see Practice Note: Tax and offshore...
This Practice Note This Practice Note outlines why exclusion clauses appear in property agreements and identifies situations where they may carry no weight, including at common law where fraudulent misrepresentation is in issue. It also addresses the Unfair Contract Terms Act 1977 ( UCTA 1977), under which provisions that seek to exclude liability for misrepresentation must satisfy a test of reasonableness, and reviews case law concerning the Standard Conditions. Exclusion clauses are intended to safeguard a contracting party by restricting or removing exposure to claims for breach of contract or in tort. Within property transactions, such clauses are most often framed as ‘non-reliance’ provisions, seeking to negate the seller’s responsibility for misrepresentation. A typical clause provides that the buyer enters into the contract solely on the strength of their own inspection and the terms set out in the agreement, and not in reliance on any...
Practice Note International arbitration is still commonly regarded as a forum where parties pursue financial relief, chiefly damages for breaches of contract. Nonetheless, non-pecuniary remedies—long eclipsed by headline-grabbing damages awards from certain tribunals—have been available in at least some legal systems and have drawn growing interest in recent years ( Charles H. Brower, Neglected, Perplexing, Unpredictable: Remedies in International Commercial Arbitration, 102 Nebraska Law Review [2024], 490–493). This Practice Note examines the jurisdiction and authority of arbitrators to grant non-pecuniary relief and outlines the principal forms such relief may take. It also touches on issues explored in depth in a 2011 study prepared for the ASA conference ‘ Performance as a Remedy— Non- Monetary Relief in International Arbitration’ ( Performance as a Remedy: Non- Monetary Relief in International Arbitration (2011), Michael E. Schneider and Joachim Knoll (eds.)), which is cited throughout this Practice Note. The...
This Practice Note examines the jurisdictional service gateway, or ground permitting service, contained in CPR PD 6B, para 3.1(18), which concerns applications for costs orders in favour of or against individuals who are not parties to the proceedings (often referred to as third party cost orders). The Note outlines gateway 18 and offers commentary on the approach the courts have taken when construing it. It should be read alongside Practice Note: Cross border service—jurisdictional gateways (principles). For guidance on non-party costs orders generally, see Practice Notes: Non-party costs orders—guidelines and Non-party costs orders—application. Gateway 18 Gateway 18 ( CPR PD 6B, para 3.1(18)) addresses a claim by a party seeking an order that the court exercise its power under section 51 of the Senior Courts Act 1981 to make, as appropriate, a costs order in favour of or against a person who is not a party to...
This Practice Note considers whether a non-party costs order ( NPCO) will be made against a funder of litigation. It reviews how the courts approach NPCOs against litigation funders, distinguishing between pure funders and professional funders, and highlights concerns where orders surpass the amounts contributed and/or where costs are awarded on an indemnity, rather than standard, basis. The Arkin cap is analysed together with Excalibur Ventures v Texas Keystone (2016), which confirmed that the cap can cover sums provided specifically to satisfy security for costs requirements. It also considers Davey v Money (2019), where the High Court regarded the Arkin approach as a means to secure a just outcome in the particular circumstances, not a rigid rule, and imposed an NPCO exceeding the funding advanced under the agreement. Non-party costs orders—application Non-party costs...
This guidance, issued in February 2019, was created by The Chartered Governance Institute (previously known as ICSA: The Governance Institute) ( CGI) as an illustrative example letter to appoint a non-executive director. The document is reproduced with kind permission of the CGI, at Saffron House, 6–10 Kirby Street, London EC1N 8TS, www.cgi.org.uk. View the CGI guidance: ......
The Non- Domestic Renewable Heat Incentive ( NDRHI) ceased taking new applications on 31 March 2021. However, in limited cases an application for accreditation (for installations) or for registration (for biomethane production) can still be submitted after that date, as outlined in this Practice Note. This Practice Note also offers a detailed account of the NDRHI’s status in relation to: scheme closure continuing obligations for accredited or registered installations the role of the Office of Gas and Electricity Markets ( Ofgem) how the NDRHI interacts with Contracts for Difference ( Cf D) and the Capacity Market ( CM) the Green Gas Support Scheme ( GGSS), the successor subsidy to the NDRHI What is the NDRHI? The NDRHI applies in GB. A separate but comparable scheme in Northern Ireland has also closed to new applicants and, following a...
This Practice Note reviews the duty of fair presentation under the Insurance Act 2015 ( IA 2015), which applies to non-consumer insurance. For practical guidance on disclosure in the consumer context, see Practice Note: A guide to the Consumer Insurance ( Disclosure and Representations) Act 2012. For fuller coverage of IA 2015, see Practice Note: Insurance Act 2015 ( IA 2015)—essentials... Duty of ‘fair presentation’ Under IA 2015, s 3, an insured must give a fair presentation of the risk to the insurer. This duty comprises three distinct elements: disclosure: the insured must comply with either the ‘primary’ or ‘secondary’ disclosure obligation: primary duty: the insured must reveal every material circumstance it knows or ought to know. For what is ‘known’, the relevant knowledge is that of those tasked with arranging the insurance on the...
In addition to cash pay, such as wages or salaries, many remuneration packages also contain non-cash elements, for example the provision of a car, health insurance or childcare. An employer may likewise settle particular costs on behalf of the employee, for instance a home landline, or utility bills. These non-cash earnings are commonly described as benefits-in-kind, or simply benefits. Non-cash earnings can be brought into charge to income tax on employment income under a range of provisions, including: the charge on earnings in section 62 of Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003)—if the benefit constitutes money's worth; specific provisions in ITEPA 2003, Part 7 relating to the provision of employment-related securities and securities options (see Practice Note: Employment-related securities—overview and the related Practice Notes); the disguised remuneration provisions in ITEPA 2003, Part 7A—which should be...
A nominated adviser (nomad) is a business or corporate entity that: has been authorised by the London Stock Exchange ( LSE) to act as a nomad; and is included on the LSE’s current register of nomads maintained by the exchange. The LSE holds the definitive register of nomads, and a copy of that list is available for public inspection on the LSE’s website. The LSE does not itself judge whether a company applying for admission to AIM is suitable; instead it relies on the company’s appointed nomad to determine whether such company is appropriate for admission to AIM. That assessment is carried out by the company’s retained nomad in practice. Requirement for a nomad The nomad’s role is pivotal; a company intending to seek admission to trading on AIM, or already admitted to trading on AIM, must have a nomad at all times. Without a nomad a...
STOP PRESS This Practice Note is currently undergoing routine quality control to uphold accuracy and reliability. An audiogram is a chart displaying the sounds an individual can hear and, in noise‑induced hearing loss ( NIHL) claims, it is used to assess a claimant’s hearing capability. It is a key diagnostic tool for identifying hearing loss. Practitioners should also review the claimant’s medical and employment records to consider whether alternative causes, such as medication, hobbies or medical conditions, might account for any loss. Basic pointers on audiograms Competence in reading and interpreting audiograms is vital for both claimant and defendant practitioners in NIHL cases. Where an audiogram does not indicate NIHL, the claimant’s solicitor should make clear that no claim can be pursued. The claimant will usually have had an audiogram conducted by their GP, their employer, or both. An audiogram typically comprises one or two sheets in graph...
Since 1963, when workplace noise was first officially acknowledged as an issue, the law has undergone a series of changes. Being familiar with these developments is vital when evaluating the likelihood of success for an individual claim, and when preparing letters of claim and statements of case. As most NIHL claimants experience noise exposure over many years, it is commonly necessary to plead separate breaches for distinct periods of exposure. Statutory duty Historical versions of legislation can be requested by Lexis+® UK Legal Research subscribers here. Section 29 of the Factories Act 1961 (formerly section 5 of the Factories Act 1959) imposes a duty, so far as is reasonably practicable, to make and keep an employee’s place of work safe......
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note is archived and no longer maintained. It addresses the scenario in which the UK and the EU do not conclude an agreement on jurisdiction following the UK’s exit from the EU. Across the implementation period starting on exit day (ie the date the UK leaves the EU), the provisions of the withdrawal agreement will apply. For guidance on the implementation period and the effect of the withdrawal agreement on jurisdiction, see Practice Note: Brexit implementation period—jurisdiction [ Archived]. The Note assesses the impact of the UK departing the EU on exit day without a deal on jurisdictional issues in UK court proceedings that involve EU Member States. Exit day has the meaning assigned by section 20 of the European Union ( Withdrawal) Act 2018, as amended......
ARCHIVED : This Practice Note addresses the scenario where the UK and the EU fail to reach any accord on settlement procedures after the UK’s departure from the EU. Throughout the implementation period commencing on exit day—the date the UK leaves the EU—the provisions of the withdrawal agreement will apply. For guidance on the implementation period and the effect of the withdrawal agreement on taking of evidence, see Practice Note: Brexit implementation period—settlement [ Archived]. This Practice Note examines the implications of the UK leaving the EU without a deal for the mediation of disputes in civil and commercial matters. There are two principal UK instruments relating to a no deal Brexit and mediation. The first is The Cross– Border Mediation ( EU Directive) ( EU Exit) Regulations 2019, SI 2019/469, which sets out the revocation and saving of the Cross Border Mediation ( EU...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note, prepared in collaboration with Guy Pendell, Liz Williams and Kushal Gandhi of CMS, addresses the scenario in which the UK and the EU do not secure an agreement on jurisdiction after the UK’s departure from the EU. Throughout the implementation period beginning on exit day—the day the UK leaves the EU—the provisions of the withdrawal agreement will apply. For guidance on that period and the withdrawal agreement’s effect on jurisdiction, see Practice Note: Brexit implementation period—jurisdiction [ Archived]. This Note considers the implications of the UK leaving the EU on exit day without a deal for jurisdictional issues in UK court proceedings that involve the European Free Trade Association ( EFTA) States that are parties to the Lugano Convention 2007, namely Iceland, Norway and...
ARCHIVED : This Practice Note addresses the position that arises where the UK and the EU fail to reach arrangements for the cross-border enforcement of judgments after the UK’s departure from the EU. During the implementation period that commences on exit day—that is, the day the UK leaves the EU—the provisions of the withdrawal agreement will apply throughout that period for enforcement. For guidance on the implementation period and the effect of the withdrawal agreement on enforcement, see Practice Note: Brexit implementation period—enforcement [ Archived]. This archived note examines, in particular, the implications of a no-deal exit for the enforcement of judgments arising from civil and commercial claims under the following instruments, namely: Brussels Convention, Regulation ( EC) 44/2001 ( Brussels I), Regulation ( EU) 1215/2012 ( Brussels I (recast)), Lugano Convention 2007 and EC- Denmark...
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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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