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Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
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ARCHIVED: This Practice Note addresses the scenario in which the UK and the EU fail to secure arrangements for the service of documents after the UK’s departure from the EU. Throughout the implementation period commencing on exit day, ie the date the UK leaves the EU, the terms of the withdrawal agreement apply. For direction on that period and how the withdrawal agreement affects service, see Practice Note: Brexit implementation period—service of documents [ Archived]. The Note also examines the position if the UK exits the EU without a deal in relation to serving court documents. The following UK instruments made for a no deal Brexit affect service: The Service of Documents and Taking of Evidence in Civil and Commercial Matters ( Revocation and Saving Provisions) ( EU Exit) Regulations 2018, SI 2018/1257, which repeals the principal EU measure in this field, ie...
Practice Note: Summary judgment—general principles As set out in Practice Note: Summary judgment—general principles, the essential question on a summary judgment bid is simply whether the respondent lacks any real prospect of succeeding on the claim, defence, or a specific issue in dispute. The bar for establishing a ‘real’ chance of success is very low; accordingly, it is helpful to examine examples where the courts have held that a respondent’s case was so weak it had no ‘real’ prospect of success at trial, by way of illustration. This Practice Note concentrates on decisions from 2026 onwards. Case details Date of judgment Outline of facts Why did the respondent lack ‘real’ prospects of success? Instagroup Ltd v Northwest Insulations Ltd ( In Liquidation) Chancery Division [2026] EWHC 819 ( Ch) 14 April 2026 The claimant provided insulation products and outsourced fitting services, a...
ARCHIVED: This Practice Note is archived and not maintained. It addresses the position at the close of the implementation period after the UK’s departure from the EU. Throughout the implementation period, which begins on exit day (ie the day the UK leaves the EU), the provisions of the withdrawal agreement apply. For guidance on the implementation period and the effect of the withdrawal agreement on service, see Practice Note: Brexit implementation period—applicable law [ Archived]. This note considers the consequences of the UK leaving the EU without a deal for deciding which law governs a dispute, ie the applicable law (also referred to as governing law). The principal UK measure addressing a no deal Brexit and applicable law is The Law Applicable to Contractual Obligations and Non- Contractual Obligations ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/834, which modifies two EU...
CASE HUB ARCHIVED This archived case hub sets out the position as at 25 March 2019, the date of the decision, and it is no longer maintained. For more, see: timeline and commentary. Case facts Outline European Commission Article 101 TFEU investigation into vertical constraints on cross-border sales of licensed merchandise imposed by Nike ( Case AT.40436). Latest developments On 25 March 2019, the Commission adopted an infringement decision against Nike, imposing a €12,555,000 fine (following an ‘informal settlement’) for applying vertical restrictions on the cross-border sale of licensed merchandise in breach of Article 101 TFEU. Parties Nike is a US-based company that designs and sells athletic footwear and clothing, including for football clubs and federations. Background The Commission opened its investigation in June 2017. Two parallel investigations into the licensing and distribution practices of Sanrio and Universal Studios were launched at the same...
The principal source consulted by medicolegal specialists and the courts when diagnosing noise‑induced hearing loss ( NIHL) is Coles, Lutman and Buffin’s ‘ Guidelines on the diagnosis of noise‑induced hearing loss for medicolegal purposes’, issued in April 2000 (the CLB Guidelines). The same authors subsequently produced the ‘ Guidelines for Quantification of Noise‑ Induced Hearing Loss in a Medicolegal Context’ in 2015 (the LCB Guidelines), as the CLB document addressed diagnosis only and could not be used to quantify NIHL. Both sets of guidance are reviewed in this Practice Note, which also touches briefly on the ‘ Guidelines for Diagnosing and Quantifying Noise‑ Induced Hearing Loss’ by Moore, Lowe and Cox, published in 2022 (the r M‑ NIHL Guidelines). The 2000 CLB Guidelines NIHL claims are challenging because demonstrating that a claimant: was exposed to hazardous workplace noise, and has hearing...
Fixed recoverable costs in noise-induced hearing loss ( NIHL) claims Following recommendations of the Civil Justice Council, fixed recoverable costs for NIHL matters were introduced. The principal provisions are located in: Pre- Action Protocol for Disease and Illness Claims, Annex E Section VIII of CPR 45 Table 15 of CPR PD 45 Annex E of the Pre- Action Protocol for Disease and Illness Claims Scope Annex E to the Pre- Action Protocol for Disease and Illness Claims applies where: the claim concerns NIHL the claim appears suitable for allocation to the fast track the first letter of claim is issued on or after 1 October 2023 Annex E is designed to underpin the fixed recoverable costs regime set out in Section VIII of CPR 45. If there is any inconsistency between the general provisions of the Pre- Action Protocol for Disease and...
NOTE— To determine whether notification thresholds in Nicaragua and across the world are triggered, see: Where to Notify. 1. Have there been any recent developments regarding the Nicaraguan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Nicaragua? On 29 April 2024, Issue No. 75 of ‘ La Gaceta’, the Official Journal of Nicaragua, published Law No. 1202, the ‘ Law on the Creation of the Attorney General’s Office for the Defence of Free Competition and Alternative Dispute Resolution’, which became effective on the same day. Among its aims, the Law creates the Attorney General’s Office for the Defence of Free Competition and Alternative Dispute Resolution—within the Office of the Attorney General of the Republic—as the new governmental body in charge of competition and antitrust matters, taking over...
STOP PRESS This Practice Note is being revised to reflect The National Health Service ( Concerns, Complaints and Redress Arrangements) ( Wales) ( Amendment) Regulations 2025, which take effect from 1 April 2026. See: LNB News 17/10/2025 23. Background The National Health Service ( Concerns, Complaints and Redress Arrangements) ( Wales) Regulations 2011, SI 2011/704, took effect on 1 April 2011. Made under the NHS Redress ( Wales) Measure 2008, they introduced a fresh system for the handling and investigation of concerns about NHS services in Wales. The latest provisions, in force from 1 April 2023—the National Health Service ( Concerns, Complaints and Redress Arrangements) ( Wales) ( Amendment) Regulations 2023, SI 2023/281—amend the National Health Service ( Concerns, Complaints and Redress Arrangements) ( Wales) Regulations 2011 (the “ Principal Regulations”). They set out what the NHS in Wales must do to enable...
This Practice Note is the third in a three-part series on health care procurement under the Provider Selection Regime ( PSR), brought into effect by the Health Care Services ( Provider Selection Regime) Regulations 2023 ( PSR Regs 2023), SI 2023/1348, effective from 1 January 2024. It addresses: standstill period contract award contract modifications urgent awards/modifications contract management termination Standstill period A contract arranged using the: direct award process C most suitable provider process competitive process framework agreement must not be concluded until the standstill period has ended. The standstill begins on the day after the notice of intention to make award is published on the central digital platform and must last for at least eight working days. This pause allows any service provider who is aggrieved, or who believes PSR Regs 2023 have not been observed, to send written representations to the relevant authority ( RA), particularising their concerns, before the contract is...
Continuing Healthcare ( CHC) is offered by the NHS when a person’s primary requirement is for health care, assessed against several criteria as outlined below. The framework stems from the National Health Service Commissioning Board and Clinical Groups ( Responsibilities and Standing Rules) Regulations 2012, made under the National Health Service Act 2006, alongside legislative updates introduced by the Health and Care Act 2022. If you consider a decision has been handled incorrectly, knowing how to challenge it for your client is crucial, as it can significantly impact the cost of care. What is CHC? People with ongoing, complex health needs may qualify for free care arranged and funded entirely by the NHS when their principal need is health. The CHC framework decides whether an individual meets this criterion. If eligible, the NHS must meet all health and social care...
This Practice Note addresses the NHS complaints process, the governing legislation, local resolution and Ombudsman-led independent review, matters relating to private patients, and the Care Quality Commission. The NHS complaints procedure Often, what patients want most is a clear explanation of any failings, a sincere apology, and a commitment that similar errors will not recur, which can outweigh a desire for compensation. Grievances may involve misdiagnosis, poor communication by clinicians, delays, inaccurate or misleading advice, and numerous other examples of substandard care or absence of treatment. The NHS complaints route should be the initial step. Without good reason, failure to use it first may result in Legal Aid or Before the Event ( BTE) funding being refused. The scheme applies to concerns about services delivered by, or paid for by, NHS organisations or primary care...
Non-fungible tokens, or NFTs, have surged into prominence in recent years. Sectors from art and gaming to finance and media have adopted them, with brands like Starbucks weaving NFTs into loyalty programmes to show real-world commercial utility and the scope to spread into other fields. They already power everything from event tickets to artworks and digital assets minted and resold in the ‘ Metaverse’. This Practice Note reviews the legal and regulatory challenges NFTs have encountered and could yet face, and addresses: Understanding NFTs Using NFTs Dealing with NFTs Intellectual property rights and NFTs Licensing NFTs Are NFTs regulated? NFTs and money laundering NFTs and tax Consumer law and NFTs Advertising regulation Data security NFTs in the court room Key practical questions to be considered in any NFT...
CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment of 16 July 2020; it is no longer maintained. See further, timeline, commentaryrelated/similar cases. Case facts Outline Case C‑606/18 P, Nexans France SAS and Nexans SA v Commission—an appeal to the Court of Justice against the General Court’s judgment in Case T‑449/14, which had rejected an action to annul the Commission’s decision in the high‑voltage power cables cartel matter ( AT.39610). Latest development On 16 July 2020, the Court of Justice issued its ruling dismissing the appeal in full, broadly in line with Advocate General Kokott’s opinion. It upheld the General Court’s view that there was no error of law concerning either the Commission’s conduct during the dawn raid or the approach used to calculate the...
This Practice Note examines the main forms of policies or guarantees (excluding standalone latent defects insurance products) currently available to shield homeowners and developers from faults in newly built and newly converted properties. It reviews several of the most common warranties: those offered by the National House Building Council ( NHBC Buildmark or Buildmark Choice), Premier Guarantee and Local Authority Building Control ( LABC). These providers jointly launched the Consumer Code for Home Builders (the Code) in April 2010. The Code sets out standards of good practice, processes and information that registered homebuilders must follow... What are new home warranties? A new home warranty is an insurance contract that provides purchasers of a new-build or newly converted dwelling with cover for certain categories of building defects. Such warranties have been in place for many years. Cover applies up to defined limits and for a defined...
A central element in giving effect to an agreement to arbitrate is safeguarding the jurisdiction of the arbitral tribunal seized of the dispute. In New Zealand, a range of remedies exists to protect the tribunal’s exclusive authority from both domestic and overseas court proceedings. In addition, parties have avenues to address situations where the arbitral tribunal has been improperly seized of jurisdiction... Accordingly, this Practice Note considers the following issues: applying for a stay of court proceedings in favour of arbitration applying for injunctions in the New Zealand courts to restrain foreign court proceedings brought in breach of an arbitration agreement (the ‘anti-suit’ injunction) challenging the jurisdiction of an arbitral tribunal in New Zealand Both international and domestic arbitration in New Zealand is governed by the Arbitration Act 1996. The Arbitration Act largely implements the UNCITRAL Model Law as Schedule 1 to the Act....
Loan market and developments Please provide a succinct outline of the current condition of the loan markets in your jurisdiction and any noteworthy recent developments. The US corporate loan market remains a significant pillar of the US economy. While the US loan market has undergone considerable change in recent years, it is still resilient and continues to be one of the most inventive and consequential areas within the US capital markets. Two principal components of the US corporate loan space are broadly syndicated loans ( BSL) and private credit transactions. The BSL segment is a key funding source for medium- and large-sized companies, comprising loans where multiple banks and non-bank financial institutions extend finance through a syndicate of lenders. Private credit typically involves lending by non-bank lenders on a bilateral basis or by a small cadre of lenders (often termed ‘club deals’). Both...
This Practice Note offers an introduction to recognising and enforcing arbitral awards under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), and it ought to be read alongside Practice Note: Recognition and enforcement of international arbitral awards—an introduction, as well as International arbitration—enforcing international arbitral awards—overview. For guidance on enforcing arbitration awards in England and Wales, see Practice Note: Enforcing arbitral awards in England and Wales. Any case law cited in this Practice Note is provided solely for illustrative purposes and should not be treated as authority or relied upon for the purpose of seeking recognition or enforcement in any specific jurisdiction. Note: the UNCITRAL Secretariat Guide on the New York Convention (2016) (the UNCITRAL Secretariat Guide) referenced in this Practice Note is not an official interpretation of the New York Convention; however, it is widely...
Even an in-house legal department that consists of one person needs some infrastructure However, if your organisation has never recruited an in-house lawyer before, you may discover on arrival on your first day at work that you are handed a laptop and little else. In certain workplaces, you might not even be allocated a desk and chair at all. Some people regularly balance work at ledges, or you may find you are expected to hot-desk. The organisation is concentrated on its core trade, eg manufacturing, and it relies on you to give legal advice, day to day, that supports that activity; yet without prior experience of employing in-house lawyers, it cannot reasonably be expected to understand the essential building blocks you need to actually deliver that advice. This stands in stark contrast to life in private practice, where you will have been used to having...
This Practice Note examines the New Homes Quality Code ( NHQC) alongside the Consumer Code for Home Builders ( Consumer Code). It outlines their principal elements, identifies those required to adhere to them, and explains their overarching objectives. It also contrasts their scope and intended outcomes. Purchasers of newly built properties should confirm which code applies to their transaction. Building Safety Act 2022 and the new homes ombudsman scheme Under section 136 of the Building Safety Act 2022 ( BSA 2022), the Secretary of State is empowered to set up a new homes ombudsman scheme. Section 142 of BSA 2022 further allows the Secretary of State to issue or endorse a code of practice covering expected standards of conduct and quality for scheme members. These measures have not commenced. However, the government indicated that the new homes ombudsman scheme would begin within 12–18 months of BSA 2022...
Understanding neurodiversity matters for both employers and employees when building a diverse, inclusive and supportive workplace. It is also key to ensuring an employer fulfils legal duties, for instance making reasonable adjustments for disabled candidates and workers. This Practice Note: Explains what neurodiversity and neurodivergence mean, including related conditions such as ADHD, autism, dyscalculia, dyslexia, dyspraxia and Tourette Syndrome Sets out the legal framework, covering obligations under the Equality Act 2010 ( Eq A 2010), the public sector equality duty, contractual considerations when altering terms and conditions of employment, and health and safety duties Examines practical measures to create a diverse and inclusive workplace, particularly within recruitment processes, through individual assessments, enabling remote working, providing training, and addressing conduct issues The concept of...
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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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