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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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NOTE—to check whether notification thresholds in Malawi and worldwide are satisfied, consult: Where to Notify for further guidance. Malawi also belongs to COMESA, which runs a supra-national merger control regime as well. 1. Have there been any recent developments regarding the Malawian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Malawi? Malawi has newly passed the Competition and Fair Trading Act, 2024 ( Act), supplanting the 1998 statute to remedy enforcement shortcomings and harmonise with international best practice in the field. It establishes compulsory merger and acquisition notification, with clearance required prior to completion of transactions. It expands definitions and consumer protections, including for digital products, and tackles unfair trading practices in the marketplace. The Act also adds measures to curb exploitation by powerful purchasers, notably within...
This Practice Note sets out practical direction on completing a full import declaration for goods entering Great Britain. It explains when an import declaration is required, what information a customs declaration must contain, how to lodge the declaration, and what happens once it has been submitted. It further clarifies the circumstances triggering a filing obligation and the procedural route for making that declaration in practice. Introduction Customs declarations enable government to: monitor the movement of goods across borders ensure tariffs and duties are paid confirm compliance with import or export obligations, and verify that goods are safe and lawful Accordingly, customs declarations are required both for goods imported into the UK (an import declaration) and for goods exported from the UK (an export declaration). Before a customs declaration is lodged, the trader should first: obtain an Economic Operators...
Even where colleagues in the business fully trust your judgement in choosing and deploying external advisers, frame those advisers as partners in managing legal risk, rather than distant subcontractors to the legal team, and be clear they work alongside you to anticipate and reduce exposure, not merely to execute instructions at arm’s length for the business. A strong rapport between business stakeholders and external lawyers should never be treated as a danger to the in-house legal function. Opportunities for business managers to meet external advisers during selection: make sure all senior managers can share their views on selection and meet prospective candidates. during definition of the mandate: for more complex mandates whose scope may shift at the business’s behest, the law firm benefits greatly from understanding how changeable or spontaneous certain key players can be and those players......
This Practice Note highlights key points when drafting and making a ‘without prejudice’ offer, ensuring any document recording it is not admissible in a court or tribunal. What is without prejudice? As relevant evidence on an issue for a court or tribunal, written communications or records of conversations between parties to a dispute are admissible in evidence. Under the law of England and Wales, parties may, in defined circumstances, stop oral statements or written communications that contain an offer, concession or admission against their interest being admitted in evidence. If protection applies, such statements or documents cannot be shown to the court or tribunal. This is known as the ‘without prejudice’ rule, which has exceptions, some listed in Exceptions to without prejudice protection. The rule is not a blanket exclusion; assessed objectively, it depends on: a dispute existing between the parties to the...
The P. R. I. M. E. Finance Arbitration Rules were updated in 2021, and the 2022 edition took effect on 1 January 2022 for arbitrations begun on or after that date (the P. R. I. M. E. Finance Rules, or the Rules). The Rules also offer model clauses and a model submission agreement. Section V of the P. R. I. M. E. Finance Arbitration Rules (the P. R. I. M. E. Finance Rules) addresses the form and effect of arbitral awards, applicable law, the currency of awards, settlement, termination, and post award procedures. Requirements of an award While tribunals often issue a single final award, they are not required to do so. A tribunal may instead make distinct awards on separate questions at different times. Under art 39 of the P. R. I. M. E. Finance Rules, an award must: be set down in...
This Practice Note outlines the principal points to weigh up when you are advising a client after an issue or the prospect of a dispute has emerged in the running of a joint venture. Here, the joint venture ( JV) has been set up through a private limited company, namely the joint venture company ( JVC). It should be considered alongside Practice Note: Corporate joint venture dispute—dealing with deadlock: initial considerations. For broader direction on handling a threatened dispute in the JV arena, also refer to Practice Note: Joint venture disputes—how to respond. Joint venture company disputes—initial considerations Whichever form is chosen to create the JV relationship, the joint venture agreement ( JVA) sits at the heart of that relationship, defining each party’s duties to the other and providing obligations they may enforce against one another. Plainly, the JVA is a contract between the parties and,...
Practice Note This Practice Note explains what constitutes a maintenance agreement between spouses or civil partners, embracing both a separation agreement and an arrangement without any separation provision, whether concluded while a marriage or civil partnership subsists, during its continuance, or after divorce or dissolution. It further outlines the formalities and contractual matters to address when taking instructions to draft or advise on such an agreement in practice, together with particular considerations concerning child maintenance obligations and issues. Spouses and civil partners may make an agreement covering maintenance, the division and distribution of property, and the financial arrangements for any children of the family. Any bargain reached between the parties remains, at all times, subject to the court’s overriding jurisdiction, and any term, clause, or stipulation seeking to limit the right to apply to the court for an order dealing with financial...
Maintenance Every sewerage undertaker is under a duty to ensure its sewers and lateral drains are cleaned and kept in good order so that its area is, and continues to be, effectively drained. Section 79 of the Environment Act 2021, which will commence on a day appointed by regulations of the Secretary of State, places an obligation on undertakers to prepare, publish and maintain a drainage and sewerage management plan. Such a plan sets out how the undertaker will manage and develop its drainage and sewerage systems so that it is, and remains, able to meet its duties under Part IV of the Water Industry Act 1991 ( WIA 1991). Pending commencement, the Secretary of State has required undertakers to produce non-statutory plans in early 2023 as a planning tool for Ofwat’s 2024 Price Review covering 2025–30. Companies have been asked to assess present...
This Practice Note deals with maintenance agreements where one of the parties to the agreement has died. For practical guidance on varying a maintenance agreement while the parties are still alive, including applications under Schedule 1 to the Children Act 1989 ( Ch A 1989), refer to Practice Note: Variation and alteration of maintenance agreements during the lifetime of the parties, during the parties’ lifetime. See also Practice Note: Formalities of maintenance agreements. Where a maintenance agreement within the meaning of the Matrimonial Causes Act 1973 ( MCA 1973) or the Civil Partnership Act 2004 ( CPA 2004) provides for periodical payments to continue after the death of one party, and that party dies domiciled in England and Wales, the surviving party or the deceased party’s personal representatives may issue a variation application to the court. The application must be brought within six months of the grant of...
This Practice Note sets out who employs a school’s teaching and non-teaching staff: the local authority ( LA), the governing body, or the trustee/proprietor. It also outlines the requirements when engaging head teachers, teachers and support staff, including recruitment and appointment, required qualifications, pay and conditions, appraisal, capability, conduct and discipline. It summarises the arrangements for appointing staff in faith schools (i.e. schools designated as having a religious character) and the specific protection from religious discrimination available to teachers in secular schools. It additionally addresses staff duties and responsibilities for safeguarding children... Who is the employer? The employer depends on the school’s category. The employer is: the LA for: community schools voluntary controlled schools community special schools ...
On 2 April 2019, the HKSAR Government and the Supreme People’s Court of the People’s Republic of China ( PRC) executed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings (the Arrangement). Effective from 1 October 2019, the Arrangement makes Hong Kong the first jurisdiction with a formalised legal channel with Mainland China through which parties may apply to Mainland courts for interim measures backing institution-administered arbitrations seated in Hong Kong. Conversely, parties to Mainland China institutional arbitrations may likewise seek interim measures from the Hong Kong courts in support of those proceedings, irrespective of the arbitral seat. Note: The Hong Kong judgments referred to below are not reported by Lexis Nexis®. Background Hong Kong and Mainland China already maintain reciprocal arrangements for the enforcement of arbitral awards and court judgments. Although section 45 of the Hong Kong...
This Practice Note examines the recognition and enforcement of arbitral awards in the People’s Republic of China ( PRC; China). Note: Chinese court judgments are not reported by Lexis Nexis® UK. Requirement to comply with the arbitral award under Chinese law Under Chinese law, parties to arbitration are obliged by the Arbitration Law to carry out the award ( Arbitration Law, art 62, Civil Procedure Law, arts 248 (domestic arbitration) and 287 (foreign related arbitration)). Where no time limit is stipulated for execution, compliance must be immediate ( Arbitration Law, arts 57 and 62). If the losing party declines to honour the award, including sums due or the transfer of property, the successful party may apply to the people’s courts for enforcement ( Arbitration Law, art 62 and Civil Procedure Law, art 248). Grounds for refusal of enforcement by Chinese court An arbitral award is final, and the court...
This Practice Note This Practice Note provides a concise summary, setting out the procedure for applying for and registering international trade marks ( IRs). It highlights the role of WIPO, the Madrid Agreement 1891 and the related Madrid Protocol. The Madrid System enables trade mark proprietors to obtain protection in numerous countries via a single process. It is founded on two separate treaties: the Madrid Agreement 1891 (the Agreement) the Protocol Relating to the Madrid Agreement (which took effect on 1 April 1996) (the Protocol) Each treaty provides for the international registration of trade marks for goods or services and operates, essentially, as a filing system. Relying on a home registration or application, a trade mark owner can file with WIPO in Geneva for an IR, designating the jurisdictions where protection is required. The mark is then recorded and published by the...
Form and contents of award Under the Macau Arbitration Law ( MAL, art 64.1), an arbitral award must be set out in writing and bear the signature of the arbitrator or arbitrators. Where there is a panel, the signatures of a majority of its members are adequate, so long as the absence of any signature is explained ( MAL, art 64.2). Regarding what the award must contain, the law sets two core duties for the arbitrator(s): They must explain the grounds for the decision, unless the parties have agreed that no reasons are to be provided, or the award records an agreement reached by the parties under MAL article 63. They must state the date of the award and the place of arbitration, in line with MAL article 49(1) and (2). Further statutory obligations apply, including the duty to notify the parties. Once the award has been...
The UK’s choice to exit the European Union has made a comprehensive reassessment of the country’s immigration framework necessary. On 18 September 2018, the Migration Advisory Committee ( MAC) released its final report on European Economic Area ( EEA) migration in the UK, designed to provide an evidence base for shaping a new migration system to operate after the end of the implementation period from 1 January 2021. The report sets out multiple conclusions on the effects of EEA migration to the UK, together with a series of proposals which, if taken forward, would have a significant bearing on the way EEA nationals are permitted to participate in the UK labour market once Brexit has taken effect. However, the document does not tackle whether EEA nationals ought to be treated differently within the family migration system, observing only that there could be large effects which...
Corporate joint venture and M& A transactions and the Bribery Act 2010 The Bribery Act 2010 ( BA 2010) took effect on 1 July 2011. It introduces a range of legal considerations for corporate transactions. While uncovering bribery or corruption should not, in itself, halt a deal, the breadth and consequences of the BA 2010 are far-reaching. Meticulous, comprehensive due diligence and analysis should permit robust evaluation and mitigation of any identified risks, yet the Act’s impact cannot be downplayed. Participants in corporate transactions must remain alert to bribery and corruption risks throughout the transaction lifecycle. Offences The BA 2010 created four new offences: offering, promising or providing a bribe to another person soliciting, agreeing to receive, or accepting a bribe bribing a foreign public official to obtain or retain business a commercial organisation’s failure to prevent bribery — a strict...
Loan market and developments A concise overview of the present condition of the loan markets in this jurisdiction and the key recent market developments follows. The Grand Duchy of Luxembourg ( Luxembourg) enjoys a long-standing standing as a financial and business centre. Its location, political steadiness, highly skilled and well-trained labour force, and a robust legal and tax regime have underpinned this status and its role as a hub for international commerce and financing. Together, these strengths reinforce Luxembourg’s role as a focal point for cross-border trade and financing. They also sustain its standing as a financial and business centre. Loan markets, whether bank-led or through private lending, are central to Luxembourg and to the significant volume of debt financing structured through Luxembourg. Since hosting the world’s first listing of green bonds on the Luxembourg Stock Exchange (the ‘ Climate Awareness Bond’ issued by the...
This table sets out all concluded inquiries by Luxembourg’s competition regulator ( Conseil de la Concurrence Grand Duché de Luxembourg—the Commission) into suspected cartels, restrictive agreements, and misuse of dominance ( Articles 101/102 TFEU and national equivalents) since 2018. Note—only inquiries that are publicly disclosed are included in this table for now......
Updated in January 2026 Introduction Despite its modest size, the Grand Duchy of Luxembourg ( Luxembourg) ranks among the world’s powerhouses for commerce and stands as a leading European financial and industrial centre. It draws investment banks, asset managers, funds and holding vehicles, as well as firms in information and communication technology and the space sector, from across the globe, positioning it as a favoured gateway into the EU and a major business hub. Owing to political, social and legal stability, and to the determination of its political class to nurture a business-friendly setting, Luxembourg has earned a name for pro-business legislation and administration. This guide, for companies looking to establish in Luxembourg, sets out a comprehensive overview of the key features of Luxembourg law that should be considered before beginning operations in Luxembourg. That said, however complete it appears, it is not an...
Banking regulation— Luxembourg— Q& A guide This Practice Note provides a jurisdiction-specific Q& A on banking regulation in Luxembourg, published in the Lexology Getting the Deal Through series by Law Business Research (law stated as at 7 February 2023). Authors: Loyens & Loeff— Adrien Pierre; Vanesa Gomez Pena. 1. What are the principal governmental and regulatory policies that govern the banking sector? Luxembourg is a leading financial centre, so nurturing the financial industry is a core policy aim. The Ministry of Finance partners with Luxembourg for Finance (the agency for the development of the financial centre) to promote, expand and diversify the Luxembourg financial centre, while identifying new opportunities. Digitalisation. Anti-money laundering and countering the financing of terrorism ( AML/ CFT). Sustainable finance. Financial education. Policies are being adapted as needed to respond to the covid-19 pandemic, to which the sector has shown strong...
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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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