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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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CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment date of 8 September 2016 and is no longer being maintained. See further: timeline commentary relevant/related cases NOTE—appeals lodged by Lundbeck and others at the Court of Justice (see below) Case facts Outline Actions before the General Court seeking annulment and/or a cut in the fines levied following the Commission’s 19 June 2013 decision which found four breaches of Article 101 TFEU and Article 53 of the EEA Agreement, and imposed total penalties of €146m on Lundbeck and generic manufacturers for concluding agreements that postponed the market entry of generic citalopram in the EEA (“pay-for-delay”). On 8 September 2016, the General Court rejected in full the claims brought by Lundbeck and the generic companies, thereby upholding the Commission’s infringement findings and the combined €146m fines on Lundbeck and the...
ARCHIVED This archived Tracker helps determine whether a state is a signatory to the Lugano Convention 2007 and if it has taken effect in that state. The EU has refused the UK’s request to accede to the convention in its own capacity. It is not updated and is provided purely for background. For fuller guidance on the extent to which the Lugano Convention 2007 will, after IP completion day (ie 31 December 2020, at 11 pm) and notwithstanding the EU’s rejection of the UK’s accession, still be applied by the courts of England and Wales, as well as by the courts of the remaining contracting states in matters involving a UK element, see the following Practice Notes: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived]— Jurisdiction Lugano Convention 2007—application to the UK post IP completion day...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note reviews the provisions set out in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed at Lugano on 30 October 2007 (the Lugano Convention 2007), that address special and exclusive jurisdiction. The analysis addresses how these provisions function across civil and commercial disputes. It covers: Article 5, which concerns, among other matters, claims in contract and in tort, and related issues; Article 6, which relates to situations involving multiple defendants, the involvement of third parties, or the bringing of counterclaims. It further assesses the various categories of claims encompassed by Article 22, under which the courts of a contracting state exercise exclusive jurisdiction in specified matters. Lastly, it considers the implications for applying Article 22—which operates...
ARCHIVED : This Practice Note is archived and no longer updated or maintained. The majority of authorities cited here were determined under the 2007 Lugano Convention in particular. That said, where decisions—whether from Member State courts or the Court of Justice—under Brussels I or Brussels I (recast) are also pertinent because the provisions are identical or closely analogous, you are directed to the equivalent Brussels regime Practice Notes, which ought to be read together and in parallel with this document. For advice on the extent to which Court of Justice judgments are binding on UK courts following the UK’s departure from the EU, consult the Q& A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post- Brexit?......
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note reviews the general provisions of the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed at Lugano on 30 October 2007 (the Lugano Convention 2007). It examines the consequences of a jurisdiction agreement under Article 23, and then outlines the conditions for a valid jurisdiction agreement under Article 23. It then specifically addresses the requirement for the agreement to be in writing or evidenced in writing, together with situations where the jurisdiction agreement is in a form that aligns with the parties’ established practices, or is in a form that accords with a widely recognised usage. The Practice Note considers exclusive and non-exclusive jurisdiction agreements, and what parties must establish when seeking to rely on a jurisdiction agreement....
ARCHIVED : This Practice Note has been archived and is not maintained. The majority of authorities cited in this Practice Note were determined expressly under the Lugano Convention 2007. Nevertheless, where jurisprudence (from EU Member State courts or the Court of Justice) delivered under Brussels I or Brussels I (recast) is pertinent because the provisions match or are materially alike, cross-references are provided, where appropriate, to the equivalent Brussels regime Practice Notes, which ought to be read alongside this note and considered in tandem. For assistance on whether rulings of the Court of Justice bind UK courts after the UK’s exit from the EU, see Q& A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post- Brexit?......
ARCHIVED : This Practice Note is archived and is no longer maintained. It reviews how the UK’s exit from the EU affects the operation of the Lugano Convention 2007 when determining jurisdictional disputes. From a UK standpoint, the position is governed by domestic legislation, which includes transitional provisions. It also considers the consequences of the UK becoming a third state for the convention—the UK’s participation in the Lugano Convention 2007 arose from EU membership. The contracting parties are the EU, Denmark and the relevant EFTA States, namely Iceland, Norway and Switzerland... For guidance on the position during the implementation period, see Practice Note: Brexit implementation period—jurisdiction [ Archived]. For further relevant guidance on the effect of the UK’s departure from the EU when dealing with matters of jurisdiction, see: Brexit post implementation...
This Practice Note examines an FCA-authorised vehicle, the long-term asset fund ( LTAF), created to invest in long-dated, less liquid holdings. It sets out the principal characteristics of the LTAF, covering its investment approach and authorities, who may invest, how redemptions operate, and other central matters such as governance, valuation, disclosure and reporting obligations. For further detail on UK collective investment schemes ( CIS), see: Collective investment schemes ( CIS)—overview. For broader material on investment funds and asset management, including authorised fund vehicles, see: Funds and asset management—general—overview. For the latest and forthcoming changes, see Recent and upcoming developments and key dates below. Background The LTAF framework emerged from a wider, continuing UK policy discussion on promoting long-term investment and addressing the FCA’s view, expressed in Policy Statement ( PS) 21/14: A new authorised fund regime for investing in long-term assets, that some...
A landlord can oppose the grant of a new lease under section 30(1)(b) of the Landlord and Tenant Act 1954 ( LTA 1954) on the basis of persistent delay in paying rent. Under section 30(1)(b) LTA 1954, a landlord may resist renewal for persistent delay in paying rent. This note sets out the evidence for ground (b) and what the court will consider. The statute states: '…the tenant ought not to be granted a new tenancy in view of his persistent delay in paying rent which has become due'. There must be a pattern of late payment; it need not be lengthy, and large arrears are not required. The court will review the whole tenancy to decide if delay is persistent. In particular, it will look at: the inconvenience caused to the landlord (see Horowitz v Ferrand [1956] CLY 4843) (not reported by Lexis...
Practice Note This Practice Note sets out the full procedural guidance for court applications to renew or end a business tenancy, covers interim rent applications, and addresses Professional Arbitration on Court Terms ( PACT)......
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is archived and no longer maintained. A major overhaul of the UK listing framework took effect on 29 July 2024, abolishing the premium and standard listing segments and introducing a single listing category for equity shares issued by commercial companies. This commercial companies category is strongly disclosure-led and sits alongside other listing categories, including the shell companies category, the secondary listing category and the closed ended investment fund category. To deliver these reforms, the UK Listing Rules sourcebook commenced, and the former Listing Rules sourcebook was withdrawn. For more detail, see Practice Note: Reform of the UK listing regime—fundamentals. This Resource Note captures the pre-29 July 2024 regime and is preserved for reference. It collates pertinent commentary, analysis and materials to support interpretation and offer practical guidance on applying Chapter 11 of the former Listing Rules as they...
Context Public involvement and consultation on land development proposals are a vital part of the planning process. Publicity and consultation can take place at these key stages: before a planning application is made (known as pre-application consultation) after the application is submitted to the local planning authority ( LPA) and before it is decided when the application is altered prior to determination after determination, where changes to the permitted development are proposed This Practice Note explains when an LPA has a statutory obligation to publicise and consult on development proposals. It does not address any voluntary publicity an applicant may undertake before submitting an application, other than statutory pre-application consultation duties, nor the publicity and consultation required for development plans and other planning policy...
FORTHCOMING CHANGE: Following the Government’s formal response to the Ministry of Justice and the Office of the Public Guardian ( OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill obtained Royal Assent on 18 September 2023, thereby becoming the Powers of Attorney Act 2023 ( PAA 2023). When it comes into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 ( MCA 2005) designed to create a more modern lasting power of attorney ( LPA) service. The changes will include: introducing regulations that allow all parties involved in making an LPA to choose whether to sign the document digitally or in hard copy; removing the ability for attorneys to register an LPA, so that registration can be completed only by the donor; introducing regulations that set out identification verification requirements in relation to LPA...
The precedents set out here draw on those in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney. Included are precedents appropriate for use in either property and financial affairs lasting powers of attorney ( LPAs) or health and welfare LPAs. For wording tailored to property and financial affairs LPAs, see: LPA precedent instructions and preferences—property and financial affairs LPAs. For wording tailored to health and welfare LPAs, see: LPA precedent instructions and preferences—health and welfare LPAs. For wider guidance on LPA instructions and preferences, see Practice Note: LPAs—instructions and preferences. Applicable law ‘ The law of [territorial jurisdiction] shall govern the existence, scope, alteration or ending of this Lasting Power of Attorney.’ Notes Under the Mental Capacity Act 2005 ( MCA 2005), Sch 3, para 13(1), where the donor of an LPA is habitually resident in England and Wales when the LPA is...
Loss and expense claims It matters that both employers and contractors know how to handle loss and expense claims and appreciate the practical actions to take—particularly during economic downturns, when construction output falls and margins are squeezed, and it is widely acknowledged that the volume of loss and expense claims rises. Every standard-form construction contract offers a route for a contractor to seek sums beyond the contract price. These amounts usually make good the impacts of variations and other occurrences for which the contractor bears no responsibility. Each agreement sets out a process that must be observed for any claim to succeed. Failure to comply can put entitlement at risk. Regrettably, disputes frequently arise because contractors do not study the contract thoroughly or adhere to the correct procedure. When properly applied, appropriate measures can help both contractors and employers steer clear of...
ARCHIVED This Practice Note is archived and no longer updated. On 27 March 2013, the London Stock Exchange ( LSE) unveiled the High Growth Segment of its Main Market ( HGS). The LSE closed the HGS on 29 July 2024 after amendments to the listing rules, particularly changes to the shares in public hands requirement, rendered the HGS unnecessary. Background The HGS was conceived as a springboard for high-growth UK and European companies with bold expansion plans and a possible route to the Official List ( Official List) of the Financial Conduct Authority ( FCA). The HGS enabled a company to: secure funding on a public marketplace implement suitable standards of investor protection generally put their affairs in order before they qualify for a listing on the Official List The HGS sat alongside the LSE’s main market for listed securities ( Main Market) and AIM,...
AIM Designated Market Route ( ADMR ) A company ( quoted applicant ) whose securities are already traded on another specified venue ( AIM Designated Market ) can seek admission to AIM via the AIM Designated Market Route ( ADMR ). The ADMR offers an efficient and cost effective way for a quoted applicant to be admitted to trading on AIM. The existing AIM Designated Markets comprise the top tier markets of: Australian Securities Exchange Johannesburg Stock Exchange NASDAQ NYSE SIX Swiss Exchange TMX Group Official List of the Financial Conduct Authority any UK or EEA regulated market or SME Growth Market registered in accordance with the relevant laws......
The London Maritime Arbitrators Association ( LMAA) Terms 2021 (the Terms) take effect for arbitrations commenced on or after 1 May 2021, provided the parties have agreed that they apply. Where an arbitration proceeds under the Terms and makes no specific provision for appointing the arbitral tribunal, the default position set out in the Terms will govern the appointment process. Number of arbitrators Paragraph 2(c) gives an inclusive meaning to ‘tribunal’, encompassing: a sole arbitrator a tribunal of two or more arbitrators an umpire In contrast with the Arbitration Act 1996 ( AA 1996), where the Terms are referred to but no agreement is expressed as to the composition of the tribunal, the default position is that the tribunal shall comprise three arbitrators (paragraph 8(a) of the Terms)......
Background The London Chamber of Arbitration and Mediation ( LCAM) is a London-based institution that delivers administrative support for resolving disputes. It operates under the auspices of the London Chamber of Commerce and Industry ( LCCI), as part of LCCI’s longstanding commitment to arbitration and dispute resolution work. Founded in 1882, LCCI set as one of its stated aims the undertaking of arbitration and the settlement of disputes arising from trade, commerce, or manufacture. While LCAM might look like a comparatively recent addition, it is in reality a revival of the arbitration scheme created by LCCI in 1903, then known as the London Chamber of Arbitration. The City of London Corporation endorsed that scheme, and the Institute of Arbitrators also took part in its management. Up to 28 November 2016, by-law 6.01 of the London Chamber of Commerce stipulated that disputes brought to the...
Practice Note This Practice Note offers introductory guidance on London venues suitable for arbitral hearings and associated issues and related matters. It should be read in conjunction with the Checklist: Pre-hearing considerations in arbitration proceedings—checklist. London, England remains a premier seat for international arbitration as well as a favoured place to hold in-person and hybrid hearings in arbitral matters, whether those proceedings are domestic or international, London-seated or otherwise. Consequently, London hosts numerous organisations that encourage the resolution of international disputes by arbitration and deliver arbitration-related services, including the provision of hearing facilities. On 28 January 2026, the International Arbitration Centre Alliance ( IACA) unveiled the IACA Global Passport, an initiative designed to enhance practitioner mobility by granting recognised members reciprocal access to lounges, meeting and breakout facilities and related services across participating hearing centres worldwide, among them the International Dispute Resolution Centre (...
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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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