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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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The death certification regime in England and Wales came into force on 9 September 2024 after reforms arising from various enquiries, including the third report of the Shipman Inquiry (relating to murders first examined in the late 1990s). The package includes a statutory medical examiner system introduced as an extra safeguard. Although Private Client practitioners rarely handle the formalities of medical certification itself, these reforms also influence the procedure for the legal registration of deaths throughout England and Wales. Requirement to register a death Registering a death is ordinarily undertaken by a member of the deceased’s immediate family. The requirements in England and Wales are set by: Births and Deaths Registration Act 1953 ( BDRA 1953) Registration Service Act 1953 ( RSA 1953) Coroners and Justice Act 2009 Health and Care Act 2022 regulations made under each of those Acts Medical certificate of cause of death The registrar cannot register the death...
Historical and policy context arose in response to widespread piracy of government publications in the 19th century—particularly ordnance maps—which highlighted the necessity for copyright safeguards. Statutory began with the Copyright Act 1911, which confirmed in government works. It was recognised that the ordinary taxpayer should be shielded from the narrow commercial interests of a few who might secure private gain through unrestricted reproduction of ‘official matter’. The legend ‘ reserved’ was first applied in 1912. Under the transparency agenda of the 2010–15 Conservative and Liberal Democrat coalition government, there was a clear drive to open up government, in order to: strengthen public accountability support public service improvement by generating more comparative data and increasing user choice stimulate economic growth by helping third parties develop products and services based on public information Given the government’s promotion of open data and...
This Practice Note summarises the Court of Justice of the European Union, its structure and powers. Judicial bodies of the Court of Justice of the EU The Court of Justice of the EU (often called the CJEU) comprises the Court of Justice and the General Court; it also included the Civil Service Tribunal until its closure in September 2016. These courts possess distinct jurisdictions and operate under slightly different procedures, as outlined below. The Court of Justice Jurisdiction The Court of Justice has competence to decide on: references for preliminary rulings under Article 267 TFEU. Regulation 2024/2019, amending Protocol No 3 to the Statute of the Court of Justice of the EU and applicable from 1 October 2024, introduced provisions transferring part of the preliminary ruling jurisdiction from the Court of Justice to the General Court (see The General Court below). All requests for...
This Practice Note explains how to enforce a warrant of control issued by the County Court as a means of enforcing a money judgment. Through this route, the judgment creditor instructs a county court bailiff ( CCB) to take control of the judgment debtor’s goods and sell them, applying the sale proceeds to satisfy the judgment debt. The detailed steps are contained in the legislation underpinning the Taking Control of Goods regime—see Practice Note: Finding your way through the Taking Control of Goods legislation for guidance on that framework. In broad terms, the practitioner should decide which enforcement method will be most effective for the judgment creditor. For sums over £600 many creditors prefer to instruct a High Court Enforcement Officer ( HCEO), a private individual authorised by the Lord Chancellor’s office, rather than a CCB, who is a salaried civil servant...
This Practice Note explores the recovery of costs in proceedings involving a child or a protected party, the responsibility of a litigation friend for costs, and the litigation friend’s ability to reclaim costs they have incurred. Specific provisions apply because, for the purposes of court proceedings, children and protected parties are regarded as lacking capacity. Further guidance is set out in the Practice Note of Senior Costs judge Gordon- Saker dated December 2021, addressing approval of costs settlements, assessments under CPR 46.4(2) and deductions from damages for children and protected parties. For guidance on appointing a litigation friend, see Practice Note: Claims involving a child—appointment of a litigation friend. This Practice Note also references the Court of Appeal decision in Barker v Confiance Ltd (2020), which is cited in other sources as Glover v...
Preliminary steps Before taking any action, reflect on: what incident has triggered suspicion of corporate fraud? what is the monetary effect on the business—what loss has been suffered? when did the loss arise and by what means? who can be held accountable for the loss? is there material indicating the involvement of the individual concerned? Taking early steps to identify and protect privileged material Identify at the outset which documents might attract legal professional privilege ( LPP). Refer to Practice Notes: Legal professional privilege in criminal proceedings; Maintaining privilege during criminal investigations; and Section 2 notices requiring production of documents. For multinational groups, also consult Practice Note: Issues of privilege in cross-border criminal investigations. Indicators of fraud Certain behaviours can signal fraud within a business. If internal misconduct is suspected in relation to a person or team, assess: is there a...
THIS PRACTICE NOTE APPLIES ONLY TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES When performing its functions, the Determinations Panel of the Pensions Regulator follows two distinct procedural pathways that must be observed, and must be followed at all times. These two sequences are known as the Standard Procedure and the Special Procedure. the Standard Procedure the Special Procedure As a reserved regulatory function of the Pensions Regulator, issuing a contribution notice or a financial support direction may only be carried out by the Determinations Panel using the Standard Procedure. The Special Procedure is adopted where there is a need to invoke the Regulator’s powers without delay to safeguard members’ interests or scheme assets. This route does not extend to contribution notices or financial support directions. For more detail on the Special Procedure, see The Pensions Regulator’s Determinations Panel— The Regulator’s procedures for exercising its...
ARCHIVED: This Practice Note is archived and no longer updated and is not maintained. It is kept solely for historical reference and context as it addresses CPR 81 as it stood before 1 October 2020, and Practice Direction 81, which was wholly revoked with effect from 1 October 2020. If you are handling a committal application after 1 October 2020, you must instead consult CPR 81 currently in force and the relevant Practice Notes that relate to it and apply; see: Contempt and committal—overview. For the pre‑1 October 2020 iteration of CPR 81 or Practice Direction 81, see: This Practice Note explores when committal proceedings may properly be initiated where contempt occurs in the face of the court, in practice. In other words, the contempt must take place directly in the court’s presence. This category of contempt is among the few that the court can...
Determining liability Enforcement bodies are to use the statutory guidance’s five-step method for deciding liability under section 78F of the Environmental Protection Act 1990 ( EPA 1990). Not every stage will be applicable in every matter. Refer to Practice Note: Contaminated land—process for determining liability. At step three, the authority must apportion responsibility for shared actions among liability groups. This step is not relevant where there is: a single significant contaminant linkage ( SCL), as that group must meet the entire cost of any remediation; an orphan linkage, because the authority may undertake the remediation itself at its own expense; a single-linkage action, as that liability group is liable for all remediation costs. ‘ Attribution’ is engaged where a single remediation measure is a ‘shared action’ tied to two or more SCLs......
ARCHIVED: This Practice Note is archived and is not being maintained or updated. Procuring major transport schemes obliges the procuring authority to address a broad spectrum of matters from the outset, at the very start of the process, notably securing every necessary planning consent and permission for the scheme. This Practice Note highlights key issues likely to arise when tackling these demands, and how they may best be approached. Town and Country Planning and other approvals Land use consent is needed to sanction the scheme’s build and operation. Associated powers may also be required to: compulsorily acquire land and interests to build and run the scheme override existing rights that could enable third parties to obstruct the scheme amend existing highways, commons and waterways authorise interventions affecting heritage assets (listed buildings, scheduled ancient monuments) authorise measures such as tolling make...
The impact that bankruptcy and divorce proceedings have on one another Decisions in both the bankruptcy and family courts have repeatedly grappled with how each process affects the other. It is, regrettably, frequent for a bankruptcy to be underway at the very time a marriage is ending, and running both together often generates friction: the competing pull of creditors’ claims against the needs of the bankrupt’s spouse and any dependants. The family court’s task is to craft a property adjustment order, apportioning the parties’ assets with an eye to their future requirements, including provision for children and other dependants. By contrast, the bankruptcy court is concerned with distributing the bankrupt spouse’s estate strictly in line with the statutory insolvency scheme. That clash of objectives must be evaluated with particular care, and, above all, the chronology—when the bankruptcy commenced as against when any property...
This Practice Note sets out the process for placing a Limited Liability Partnership ( LLP) into compulsory winding up, outlines the liquidator’s authority, and details the members’ duties. It does not cover Limited Partnerships; for those, refer to Practice Note: Limited partnerships and insolvency—key principles. Applicable legislation LLPs were created by the Limited Liability Partnerships Act 2000 ( LLPA 2000), which should be considered alongside the Limited Liability Partnership Regulations 2001 ( LLPR 2001), SI 2001/1090. Through LLPR 2001, SI 2001/1090, the Insolvency Act 1986 ( IA 1986) and the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, are applied to LLPs. The IA 1986 has effect only for LLPs registered in Great Britain......
FORTHCOMING CHANGE: Following the Government’s response to the Ministry of Justice’s and Office of the Public Guardian ( OPG)’s consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill gained Royal Assent on 18 September 2023 and is now the Powers of Attorney Act 2023 ( PAA 2023). PAA 2023 will amend the Mental Capacity Act 2005 ( MCA 2005) to deliver a more up-to-date lasting power of attorney ( LPA) service. The reforms will include: creating regulations so those involved in making an LPA can choose to sign either digitally or on paper; removing attorneys’ ability to register an LPA, so registration is carried out solely by the donor; introducing regulations to set identity verification requirements for registration applications; establishing a single objections route to the OPG and broadening who may object to include third parties, not only people named in the...
ARCHIVED This archived case hub reflects the position as at the judgment dated 18 August 2021; it is no longer maintained. See the timeline, commentary and related cases... Case facts Outline CAT judgment on the remitted collective proceedings order sought by Mr Walter Merricks, who applied to act as the class representative to bring opt-out collective proceedings under section 47B of the Competition Act 1998... Latest development On 18 August 2021, the CAT handed down its judgment, deciding that Mr Merricks should be authorised as the class representative under section 47B(8) of the Competition Act 1998, provided his litigation funder gives a suitable undertaking regarding liability for adverse costs... Parties Appellants: Mastercard Incorporated, Mastercard International Incorporated and Mastercard Europe S. P. R. L (together, Mastercard). Mastercard is the international payment organisation responsible for managing and co-ordinating the Mastercard and Maestro card payment systems, which includes, among other things, setting system rules and...
This concise overview outlines the steps and process for reinstating a company to the register by way of the court route under section 1029 of the Companies Act 2006 ( CA 2006). The court route is mandatory where a company has been removed following its own voluntary application for striking off under CA 2006, s 1003, and in the other situations identified in CA 2006, s 1029. This procedure may equally be pursued when the Registrar of Companies has caused the striking off pursuant to CA 2006, ss 1000 or 1001, although this is less usual because the business may instead qualify for the quicker, more straightforward administrative restoration; see Practice Note: How to restore a company to the register—administrative restoration. For a full analysis of the applicable legislation, case law and steps involved in restoration by court order, see Practice Note: Company...
This Practice Note outlines the options open to commercial tenants when a landlord of commercial premises fails to meet repairing obligations, covering potential claims for specific performance, damages, self-help remedies, rent set-off, and bringing the lease to an end, and contrasts the advantages and disadvantages associated with each choice. For claims by residential tenants, see Practice Note: Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair. For actions by landlords against tenants during the term, see Practice Note: Dilapidations during the term—claims by the landlord. For guidance on assessing whether repairing duties have been breached generally, see Practice Note: What is the appropriate standard of repair? A tenant faced with a landlord’s breach of its repairing obligations may pursue several routes to address the problem and prompt a remedy: an order for specific performance self-help a claim for...
This Practice Note sets out advice for law firms on responding to client account fraud and outlines the applicable legal and regulatory duties. Client funds are inviolable and their careful stewardship is essential and paramount. What is client account fraud? A firm suffers client account fraud where money is unlawfully taken from its client account. Immediate steps to take Act swiftly to limit harm in the immediate aftermath of client account fraud. Do everything possible to prevent further loss and disruption promptly. Form a fraud response team and appoint someone to lead the incident without delay; suitable choices include: the compliance officer for finance and administration ( COFA) the finance director the compliance officer for legal practice ( COLP) the nominated officer the senior partner another appropriately senior person within the firm The SRA warning notice, Money missing from client account, states that if you...
This Practice Note explores the legal regime governing contempt proceedings under CPR 81 (often termed ‘committal proceedings’), emphasising their quasi-criminal character and the imperative of rigorous compliance with CPR 81. It also examines the necessity of bringing any contempt application for a proper purpose, together with the prospect of strike-out where the court considers the process to be abused... The legal framework of contempt proceedings CPR 81 regulates contempt proceedings. The iteration effective from 1 October 2020 was intentionally simplified to enhance clarity and usability. Given that streamlining, the courts are likely to respond more strictly to any departure from these rules than they may have under the earlier, more complex scheme... For a concise overview of significant recent judgments, see Practice Note: Civil contempt proceedings—illustrative decisions. As contempt applications can culminate in imprisonment or other draconian measures, including confiscation of assets, careful attention must be paid to...
Introduction The Community Infrastructure Levy ( CIL) is a tariff imposed on development proposals. Its statutory footing lies in Part 11 of the Planning Act 2008 ( PA 2008), which enables the Secretary of State to make regulations providing for the imposition of CIL. That power was given effect through the Community Infrastructure Levy Regulations 2010 (the CIL Regulations), SI 2010/948. CIL applies in both England and Wales; however, this Practice Note explains how to calculate CIL in Wales, and in England where planning permission was granted before 1 September 2019, or where a liability notice, whenever issued, concerns such a permission. For guidance on calculating the amount of CIL due in England for permissions granted on or after 1 September 2019 (or a liability notice, whenever issued, relating to such a permission), see Practice Note: Community...
Please note that this Practice Note reflects the law currently in force in England as it stands. In Wales, this subject area is governed by the Social Services and Well-being ( Wales) Act 2014 together with the related statutory instruments. General duties of the local authority In each local authority area, the safeguarding partners are namely: the local authority integrated care boards, any part of which falls within the local authority area the chief officer of police for a police area, any part of which falls within the local authority area These partners are required to put in place arrangements for themselves and relevant agencies to collaborate in exercising their functions, with the clear aim of safeguarding and promoting the welfare of children within the area. All partners and agencies identified in the Child Safeguarding Practice Review and Relevant Agency ( England)...
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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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