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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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Monitoring Officer This Practice Note examines the Monitoring Officer, a position each authority is required to assign to one of its officers under the Local Government and Housing Act 1989 ( LGHA 1989). It addresses the Monitoring Officer’s statutory functions and obligations under the Members’ Code of Conduct, practical aspects of the post, the Register of Interests, and conflicts of interest arising from the role. This Practice Note applies solely to England; the position in Wales is governed by different legislation. All local authorities must appoint one of their officers as Monitoring Officer and supply that officer with staff, accommodation and other resources they deem adequate to enable discharge of their duties. The Monitoring Officer may not be the authority’s designated Head of Paid Service or its Chief Finance Officer, save that in local policing bodies the Chief Executive serves as...
Section 7 of the Bribery Act 2010 ( BA 2010) introduced a corporate criminal offence of failing to prevent bribery. A defence is available where a commercial organisation can show it had adequate procedures in place to prevent it. The Ministry of Justice ( Mo J) has published guidance on the procedures organisations should adopt to prevent bribery, framed around six principles. These principles are not prescriptive; they are designed to be flexible and outcome-focused. Bribery prevention measures should be proportionate to the organisation’s risk exposure. Once established, they should be monitored, reviewed and evaluated, a point reinforced by Mo J principle 6— Monitoring and review. This How to guide sets out some of the ways organisations can monitor, review and evaluate their anti-bribery and corruption procedures. Importance of monitoring systems Effective monitoring and review are vital to the long-term...
1. What is the applicable legislation? Foreign direct investment ( FDI) is governed by the 2013 Law on Investment, as amended. 2. Which government or other body (or bodies) reviews foreign investments?......
ARCHIVED This Practice Note is archived and no longer maintained. It examines how pension schemes are impacted by the updated statutory meaning of money purchase benefits in the Pensions Schemes Act 1993 ( PSA 1993), which was brought into effect by the Pensions Act 2011, s 29 on 24 July 2014. For more detail on the background to the revised statutory meaning, see Practice Note: Money purchase benefits—the statutory definition. In this Practice Note, any reference to a scheme’s trustees should be read as also including the scheme’s managers. When did the revised definition of money purchase benefits take effect? The statutory definition of money purchase benefits was altered by provisions in the Pensions Act 2011, s 29 (‘section 29’). Section 29 took effect on 24 July 2014 with retrospective effect from 1 January 1997......
The question of the nature of money purchase benefits In recent years, significant attention has been directed at defining the nature of money purchase benefits. With the weighty and increasing financial obligations that defined benefit pension schemes may place upon employers, being able to specify, with precision and without ambiguity, exactly what a scheme’s benefits are has grown in importance. This matters especially for hybrid pension arrangements, which commonly combine multiple, differing kinds of benefits within a single structure. For more detail on the various forms of pension arrangements, see Practice Note: Types of pension arrangements for employees. For most practical purposes, a benefit will be a ‘money purchase benefit’ where it falls within the statutory definition of that expression in the Pension Schemes Act 1993, s 181. However, in certain contexts an equivalent definition can be found in another provision, for example in the...
This Practice Note explains the obligations under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692 concerning the screening of relevant employees and the approval of beneficial owners, officers and managers ( BOOMs). It also outlines best practice for vetting staff in anti-money laundering ( AML) compliance roles, including circumstances where the MLR 2017 do not apply. Prepared for law firms, it reflects the MLR 2017, as amended, alongside legal sector guidance... Is it necessary to carry out staff screening? If the MLR 2017 apply to your firm, you must undertake screening of relevant employees where this is appropriate, considering the size and nature of the firm’s business. For guidance on whether the MLR 2017 apply to your firm, see Practice Note: Money Laundering Regulations 2017—scope and...
This Practice Note sets out the offences, penalties and enforcement measures within the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. Under the MLR 2017, supervisory authorities are required to effectively oversee relevant persons and take appropriate action to ensure those they regulate comply. Part 9 specifies the ‘relevant requirements’, provides powers to levy civil penalties on anyone breaching a relevant requirement, and also establishes criminal offences for such contraventions. Relevant requirements The list below highlights the relevant requirements attracting civil and/or criminal penalties for commercial organisations, including law firms, and points to support within Lexis Nexis®. It excludes requirements limited to particular sectors, for example cryptoasset businesses and other FCA‑regulated entities. 18 and 18A — Risk assessment: see subtopic Risk assessment, or for law firms, Risk...
The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended These Regulations impose a range of obligations for identifying and controlling the risks of money laundering, terrorist financing and proliferation financing that may affect your organisation’s activities. Day-to-day oversight frequently rests with the nominated officer (commonly called the money laundering reporting officer, or MLRO), and effective governance with clear reporting routes is essential to enable both the business and its nominated officer to meet their duties. This Practice Note highlights principal points to consider when creating sound governance frameworks and reporting hierarchies as part of managing exposure to money laundering, terrorist financing and proliferation financing. The guidance is intended for general use. You should verify whether the MLR 2017 contain extra or different obligations applicable to your industry, and whether your...
This Practice Note considers the position regarding the diligence of money attachment in Scotland. This Practice Note examines the current position on money attachment diligence in Scotland, and directs readers to related materials. For guidance on: alternative diligence options within Scottish civil procedure, refer to Practice Note: Enforcement in Scottish civil litigation, which, in turn, signposts detailed guidance on a number of diligence mechanisms available in Scotland the comparable position in England and Wales, see Introduction to enforcement—overview, which, as well as offering an overview of this topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales enforcement across borders, consult Practice Note: Cross‑border enforcement—a guide for dispute resolution practitioners, which, as well as setting out an overview of this topic, links through to more detailed guidance on various aspects of...
As smartphones, tablets and other personal computing devices become ever more prevalent, users now expect applications (apps) they can use on those platforms. This substantial demand has enabled companies and individuals to create a wide range of apps to meet users’ needs. Nevertheless, monetising apps is not always straightforward. This Practice Note: reviews the key background and terminology related to apps sets out the different monetisation models developers have pursued for apps identifies contractual issues likely to arise in this area, and summarises other pertinent legal considerations There are numerous routes to monetising apps and, for the most part, no single solution will resolve every legal challenge that may arise. Accordingly, this Practice Note concentrates on the approaches most commonly adopted in the market. Developers should note that app monetisation is an area of rapid development and change, so care is required when selecting the most...
ARCHIVED: This archived Practice Note reviews the administration of Monarch Airlines that occurred in 2017. It is not being maintained and is provided solely for background reference. It forms part of a broader suite of Practice Notes on airline insolvency. For further details, see: Guide to airline insolvency—introduction Guide to airline insolvency—insolvency processes, receivership, restructuring plans and schemes of arrangement Guide to airline insolvency—international considerations Background and lead-up to administration Before entering administration on 2 October 2017, Monarch Airlines operated scheduled services for tour operators, travel agents and direct customers, flying to and from five UK airports— Birmingham, Leeds- Bradford, Gatwick, Luton and Manchester—to 44 destinations, the majority in the Mediterranean and the Canary Islands. In common with many carriers worldwide, it faced tough market conditions and undertook a significant restructuring in 2014. The group returned to profit in 2015. However,...
Note—to check whether notification thresholds in Moldova and worldwide are reached, see: Where to Notify... 1. Have there been any recent developments regarding the Moldovan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Moldova? Competition Law No 183 of 11 July 2012 (the Competition Law) came into force on 14 September 2012, so its implementation remains comparatively new. The Competition Council, entrusted with regulatory authority under the Competition Law, has subsequently issued a number of subordinate rules that supplement and complete the existing framework. The Regulation on Economic Concentrations, approved by Competition Council Decision No. 17 of 30 August 2013 (the Regulation), took effect on 11 October 2013. The Regulation partially transposes the EU Merger Regulation ( EUMR), the EU Implementing Regulation, the European Commission’s ( Commission) Notice on...
A conversation with Diana Lupu, associate, at GRATA International on key issues on FDI control in Moldova 1. What is the applicable legislation? The principal statute regulating control of foreign direct investment ( FDI) is Law No. 174/2021 on the mechanism for examining investments of significance for state security. It sets the conditions under which investors may undertake investment activities in areas considered important to state security, and defines the means of state oversight to bolster the transparency of such investments. 2. Which government or other body (or bodies) reviews foreign investments? The Council for the Promotion of National Importance Investment Projects (the Council), created by Government Decision No. 585/2016, is the body that assesses investment projects of national security...
Section 106 of the Town and Country Planning Act 1990 ( TCPA 1990) enables a local planning authority ( LPA) to enter into a legally binding planning obligation with a landowner, or with individuals intending to develop that land, in connection with the grant of planning permission. These obligations are designed to render a proposal acceptable in planning terms and, subject to the drafting of the particular agreement, generally take effect only once a planning permission has been implemented. See Practice Note: Implementing planning permission. For broader guidance on planning obligations, refer to Practice Notes: Planning obligations—key points and The statutory test for section 106 agreements and interaction with Community Infrastructure Levy ( CIL). In most cases, obligations are negotiated for a particular development, and must be concluded between someone with an interest in land within an LPA’s area and the LPA...
Supplier audits are an effective way to spot modern slavery and human trafficking harms within your supply chain. This Practice Note outlines the features of a robust modern slavery and human trafficking supplier audit and offers guidance on who should carry out audits, how to get ready for and undertake an audit, and the steps for follow-up afterwards too. Who should conduct the audit? Whether you rely on in-house auditors, an independent consultancy, a local NGO, or a blend of these, the auditor or audit team must be trained specialists with deep understanding of risk factors. They need the skills to detect and probe labour violations and to recognise signs of forced labour, often in demanding settings, including particularly complex environments......
What is modern slavery? Modern slavery describes slavery, human trafficking and exploitation. The Modern Slavery Act 2015 ( MSA 2015), drawing on article 4 of the European Convention on Human Rights ( ECHR), identifies four forms: Slavery — exercising powers of ownership over an individual. Servitude — imposing an obligation to provide services through coercion. Forced or compulsory labour — demanding work or services under the menace of a penalty where the person has not volunteered. Human trafficking — arranging or facilitating another person’s travel with the intention of exploiting them. All businesses are urged to take sustained, concerted steps to ensure they do not benefit, directly or indirectly, from modern slavery. Beyond its ethical and moral significance, MSA 2015 aims to move issues of modern slavery and human trafficking higher up the corporate agenda. Under section 54, large...
What is human trafficking? The widely recognised description appears in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplements the UN Convention against Transnational Organisational Crime. This instrument provides the accepted definition used to describe trafficking in persons internationally today. It covers the recruitment, transport, transfer, harbouring or receipt of people through threats or actual force, other types of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or by giving or taking payments or advantages to secure the consent of someone who controls another person, all for the purpose of exploitation. Exploitation, at a minimum, includes profiting from the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices akin to slavery, servitude, or the removal of organs. Human trafficking describes moving a person from one...
This Practice Note This Practice Note considers the duty under section 54 of the Modern Slavery Act 2015 requiring certain large commercial organisations to publish a modern slavery and human trafficking statement. It outlines the meaning of modern slavery, the scope of the section 54 obligation, recommended content for the statement, which organisations are caught, how the statement should be drafted, approved and made public, and the ramifications of failing to comply. It also points to the modern slavery statement registry and highlights anticipated legislative developments. Modern slavery remains widespread globally. In 2021, the International Labour Organisation ( ILO) estimated 28 million people were in forced labour worldwide. The UK government assessed that more than 10,000 potential victims of slavery were in the UK in 2020. The government addressed this continuing issue by passing the Modern Slavery Act 2015 ( MSA 2015). MSA 2015 is...
Section 54 of the Modern Slavery Act 2015 ( MSA 2015) requires certain organisations to prepare and make public an annual slavery and human trafficking statement. This Practice Note outlines how to produce a statement that complies with MSA 2015. It sets out what amounts to slavery for the purposes of MSA 2015, which organisations are obliged to publish a statement, the expected format and content, the internal steps for approval and signature, and the publication obligations, including when and how often the statement should be issued. What is slavery? MSA 2015 encompasses four activities, defined by reference to article 4 of the European Convention on Human Rights ( ECHR): Slavery: exercising powers of ownership over an individual Servitude: imposing an obligation to provide services through coercion Forced or compulsory labour: work or services demanded under threat of a penalty, without the person...
FORTHCOMING CHANGE: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and coming partly into force on that date. Parts 5 and 6 serve to amend aspects of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications ( EC Directive) Regulations 2003, SI 2003/2426. Some DUAA 2025 provisions, covering matters such as dealing with data subject access requests and the conferring of power to make further regulations, came into immediate effect on 19 June 2025. Other provisions, addressing notices from the Information Commissioner and certain aspects of law enforcement processing, will take effect on 19 August 2025 (being two months from the date 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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