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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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This note sets out how a Limited Liability Partnership ( LLP) may enter creditors’ voluntary liquidation ( CVL), describes the scope of the liquidator’s authority, and explains the duties of the members. It does not extend to Limited Partnerships; for guidance on those, see Practice Note: Limited partnerships and insolvency—key principles. Applicable legislation The Limited Liability Partnerships Act 2000 ( LLPA 2000) introduced LLPs and should be read together with the Limited Liability Partnerships Regulations 2001 ( LLPR 2001), SI 2001/1090. Under the LLPR 2001, 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 applies solely to LLPs registered in Great Britain......
CASE HUB ARCHIVED This archived hub captures the status as at the judgment dated 12 March 2020; it is no longer maintained or updated. For more, see the timeline information provided. Case facts Outline Case T-531/18 LL- Carpenter v Commission — an appeal before the General Court against the European Commission’s refusal to pursue a complaint concerning alleged anti-competitive conduct by Subaru in case AT.40037. Latest developments On 12 March 2020, the General Court handed down its ruling, dismissing the action in full. Parties Applicant: LL- Carpenter s.r.o., a company based in the Czech Republic. LL- Carpenter acts as an independent broker for acquiring Subaru and Daihatsu motor vehicles overseas on behalf of end customers in the Czech Republic; it also operates as an independent repairer of those marques in the Czech Republic. Defendant: European...
The Licensing Act 2003 ( LA 2003) The Licensing Act 2003 ( LA 2003) regulates the sale of alcohol, the provision of regulated entertainment, and provision of late night refreshment (hot food and/or hot drink served between the hours of 23.00 and 05.00 daily). For the purposes of LA 2003, performing live music amounts to regulated entertainment, subject to the conditions and exceptions described below. If live music does not count as regulated entertainment, or is exempt under LA 2003, a licence is ordinarily not required under the Act. Exemptions for live music have been introduced and expanded in recent years. In October 2012, the Live Music Act 2012 ( LMA 2012) removed the licensing requirement between 08.00 and 23.00 for unamplified live music in any location (with no limit on audience numbers); and for amplified live music in on-licensed premises that are open for the...
A wide range of examinations into various facets of litigation funding, together with ideas for its reform, have been undertaken. Only some, though certainly not all, have culminated in legislation. This Practice Note presents an overview of the differing proposals and the implementing measures that have brought them into effect. Civil Justice Council—review of third party civil litigation funding In the Spring of 2024 the Lord Chancellor asked the Civil Justice Council ( CJC) to carry out a review of third party civil litigation funding. Final report The CJC issued its final report on 2 June 2025. The report put forward a package of reforms to litigation funding, including: legislation to overturn the Supreme Court’s decision in PACCAR, designed to operate both retrospectively and prospectively......
Although every litigation funding agreement ( LFA) and its related papers differ by the funder and the nuances of the claim being financed, certain core matters must be dealt with through distinct stages of negotiation. This Practice Note forms part of a concise series from Tanya Lansky and Tets Ishikawa, Managing Directors at Lion Fish Group Ltd, designed to equip participants negotiating or evaluating LFAs and their ancillary documents with a clearer grasp of key dynamics. It highlights the considerations at play for practitioners across negotiation phases. Emphasis rests on identifying issues common to most LFAs despite case-specific features and differing funder approaches. Adverse costs risks for funders Solicitors invariably warn clients about potential exposure to adverse costs should litigation ultimately fail. The emergence of the after-the-event insurance ( ATE) market offered claimants a means to hedge these hazards where an insurer...
What is it? Third-party litigation funding ( Funding) involves a separate entity (the Funder) advancing money to cover part or all of the litigation costs, in exchange for an agreed return if the matter is won or resolved by settlement. Although the idea of Funding is straightforward, it carries many subtleties and particulars, with choices that must be weighed and contrasted before identifying what suits a claim. Funding is specialised—the expense and eligibility thresholds mean a number of disputes do not qualify for Funding. The market of Funders is growing, with differing requirements and preferred investment niches. Funding itself is not regulated; however, many Funders belong to the Association of Litigation Funders ( ALF) (the ALF website can be viewed here) and adhere to the ALF’s voluntary code of conduct. Numerous professionals who arrange Funding, including solicitors and brokers, are regulated. Any...
While every litigation funding agreement ( LFA) and its related documents will differ according to the funder and the specificities and nuances of the funded matter, there are core issues that must be addressed during the various stages of negotiation and documentation. This Practice Note forms part of a short series by Tanya Lansky and Tets Ishikawa, Managing Directors of Lion Fish Group Ltd, designed to equip those negotiating or evaluating LFAs and their accompanying papers with a clearer understanding of the factors at play. Representations and warranties A lengthy representations and warranties ( R& W) provision can appear onerous and, at first glance, disproportionate. However, in any commercial contract its breadth typically correlates with the complexity of the underlying investment; and because litigation is, by nature, complex, comprehensive R& W are ultimately unavoidable. Conversely, the more burdensome the R& W regime, the more limited the level of...
Although every litigation funding agreement ( LFA) and the papers that sit alongside it will differ by funder and by the nuances of the case supported, there are core points that must be dealt with throughout the stages of negotiation, at each phase and juncture. This Practice Note forms part of a concise series by Tanya Lansky and Tets Ishikawa, Managing Directors of Lion Fish Group Ltd, intended to equip those closely negotiating or assessing LFAs and their companion documents with a clearer grasp of the dynamics at play in practice. Termination clauses Termination clauses are, by design, severe; that severity is inherent, as they represent an ultimate fallback that compels the funder to crystallise losses which instantly depress performance—whether measured at a fund level for those who manage funds, or on a P& L basis for principal investors. Consequently, a funder will not look to invoke a...
This Practice Note on cryptoassets (a type of digital asset) for dispute resolution lawyers outlines what cryptoassets are and why litigators must understand how they function and where they feature in their cases—namely, the kinds of claims that may arise (currently involving chiefly cryptocurrencies), whether forming the crux of the dispute or appearing within the surrounding factual matrix. See: Cryptoassets for dispute resolution lawyers—overview for recognition of the broader range of digital assets (such as non-fungible tokens ( NFTs) and digital securities) to which comparable issues apply regarding the status of such assets under English law as to the creation, protection and enforcement of rights, particularly given their intangible quality, the novel technologies in which they are created/exist and the largely international (and thus seemingly fluid) character commonly associated with them. Note that this is a developing area of law; see Practice Note:...
This Practice Note examines the relevant provisions and authorities on cost management and budgeting in matters involving litigants in person ( LIPs), specifically: how CPR 3 and CPR PD 3D operate in proceedings with LIPs the obligations in CPR 3.1A(2) and the impact of the overriding objective exceptions to filing a costs budget or a budget discussion report ( Precedent R) points to address when varying or agreeing budgets where an LIP is involved It also refers to guidance issued by the Law Society, CILEx and the Bar Council on handling LIP cases and costs. Cost management The overriding objective requires the court, so far as practicable, to place the parties on an equal footing ( CPR 1.1(2)(a)); in disputes featuring an LIP, effective cost management is a key means of achieving that. In multi-track civil litigation, a formal costs...
A conversation with Linas Petronaitis, senior associate in the Vilnius office of regional law firm Sorainen, on the key issues on merger control in Lithuania. NOTE— For guidance on whether Lithuanian and worldwide notification thresholds are reached, refer to Where to Notify. 1. What recent shifts have occurred in Lithuania’s merger control framework, and what is anticipated over the next year? Are there any other pressing themes? Across 2024 and 2025, the standout issue is so‑called ‘gun‑jumping’—putting a deal into effect before clearance. Two gun‑jumping probes are under way. On 16 January 2023, the Competition Council launched proceedings against MM Grupp OÜ concerning its purchases of cinemas in Vilnius and Kaunas previously owned by Forum Cinemas Lithuania. On 7 April 2023, the Council also ordered interim measures against MM Grupp OÜ, barring any further acquisition of Forum Cinemas Lithuania’s assets. That case remains active and is...
This table provides a synopsis of all concluded investigations by Lithuania’s competition regulator (the Konkurencijos Taryba— KT) into suspected cartels, restrictive agreements and misuse of dominant positions ( Articles 101/102 TFEU and equivalent national laws) since 2018. Note—only cases that are publicised are listed here......
Until 4 November 2024, planning controls for listed buildings in Wales were governed by the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990). The Historic Environment ( Wales) Act 2023 ( HE( W) A 2023) brought together and replaced the legislation concerning Wales’s historic environment, including listed buildings. HE( W) A 2023 secured Royal Assent on 14 June 2023. Parts 3 and 5 of HE( W) A 2023 set out the statutory framework for listed buildings in Wales. Certain provisions enabling the making of regulations commenced on 9 September 2024, with most remaining provisions coming into force on 4 November 2024. For details of the enforcement and criminal liability regime for listed buildings in England, see Practice Note: Listed buildings enforcement and criminal liability regime in England. Note that the case law referred to in that...
Listed buildings in Wales Up to and including 4 November 2024, the planning regime for listed buildings in Wales was governed by the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990). The Historic Environment ( Wales) Act 2023 ( HE( W) A 2023), which gained Royal Assent on 14 June 2023, brought together and replaced the body of Welsh historic environment statutes, including those concerning listed buildings. In particular, Parts 3 and 5 of HE( W) A 2023 set out the statutory rules governing listed buildings in Wales. Certain regulation‑making powers took effect from 9 September, and the majority of the remaining provisions of HE( W) A 2023 subsequently commenced on 4 November 2024. Be aware that the case law cited in this Practice Note concerns only P( LBCA) A 1990 as it operated in Wales before HE( W) A 2023...
This Practice Note explores liquidators’ use of disclaimer in relation to contracts (commonly a sale contract or transfer) that include overage clauses or provisions, within the statutory framework for disclaiming onerous property under section 178 of the Insolvency Act 1986 ( IA 1986). It summarises what overage means, the liquidator’s power to disclaim onerous property, and whether overage can amount to ‘onerous property’ that a liquidator may disclaim in practice. It further considers how the court has applied the effect of disclaiming contracts containing overage in the decision of Groveholt Ltd v Hughes. For fuller guidance on a liquidator’s general power to disclaim onerous property, see Practice Note: The process of disclaimer by a liquidator or trustee in bankruptcy under sections 178 or 315 of the Insolvency Act 1986. For the procedure to be followed when a liquidator disclaims onerous property, see:...
The Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, prescribe the framework for liquidation committees in both creditors’ voluntary windings-up and court windings-up, and for creditors’ committees in administrations and administrative receiverships (collectively, committees). General A committee offers the office-holder a forum for consultation on strategy, including how funds might be deployed for particular investigations; nevertheless, in practice such committees are rarely set up. A committee must not intrude upon the office-holder’s statutory duties, nor oblige them to act in a manner they consider inappropriate. In addition to any powers granted by the Insolvency Act 1986 ( IA 1986), the committee’s purpose is to assist the office-holder in performing their functions and to deal with the office-holder in whatever way may be agreed from time to time. For example, a liquidation committee provides both assistance and oversight in relation to the...
The Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024 set out a refreshed framework for taking decisions across all insolvency processes. The granular rules on decision-making are contained in IR 2016, SI 2016/1024, Pt 15. This Practice Note addresses the practical steps for forming a liquidation committee and explains the general creditors’ decision-making in liquidation. In reality, a liquidation committee carries considerable weight where cases are sizeable and complex. The liquidation committee Liquidators must obtain decisions by deemed consent or through a qualifying decision procedure. Physical meetings are permissible only when the relevant minimum number of creditors so request under section 246ZE of the Insolvency Act 1986 ( IA 1986), though creditors may call for one before the notice of deemed consent or qualifying decision procedure is sent. In a creditors’ voluntary liquidation, creditors will be asked to determine if a...
From a commercial standpoint, it is sensible for your firm to try to curtail the scope of its liability to clients. Yet regulatory and legal barriers exist in practice, and there are limits to what any cap can deliver. This Practice Note outlines the legal and professional obligations that apply when law firms cap their liability to commercial clients, and sets out the constraints on the effectiveness of such caps. Since 1 October 2015, agreements between ‘consumers’ and ‘traders’ fall under the Consumer Rights Act 2015. Excluding or restricting liability in a consumer contract is far more challenging, and certain ‘blacklisted’ terms are automatically unenforceable. This Practice Note does not address limiting liability for consumer clients. See instead Practice Note: Limiting liability—consumer clients—law firms. SRA requirements You must not exclude, or seek to exclude, liability below the minimum professional indemnity insurance ( PII) cover...
Limitation clauses and exclusion clauses in construction contracts This Practice Note offers guidance on the use of limitation and exclusion provisions—often called exemption or exception clauses—within construction contracts. It addresses monetary caps, the exclusion of consequential (indirect) loss and typical carve-outs, together with alternative mechanisms for curbing liability. It also examines the legal constraints on limiting or excluding liability, including those arising under the Unfair Contract Terms Act 1977 ( UCTA 1977), the Defective Premises Act 1972 ( DPA 1972) and the Consumer Rights Act 2015 ( CRA 2015). Construction contracts range from small residential schemes to major infrastructure or commercial development projects. The potential exposure for contractors, as well as consultants and sub-contractors, when something goes wrong can be substantial, particularly where they take on design responsibilities. Professional indemnity insurance may protect parties in respect of certain claims, yet it might not be...
Sources of limited partnership law The principal legislation governing a limited partnership established under English law (as distinct from a general partnership, a limited liability partnership, or a general partnership constituted under Scottish law) is the Limited Partnerships Act 1907 ( LPA 1907). Nevertheless, it does not amount to a comprehensive code for limited partnerships and preserves the Partnership Act 1890 ( PA 1890) and the equitable and common law rules relevant to partnerships, which continue to apply except to the extent that they conflict with the express terms of the LPA 1907. As with general partnerships, the partners will frequently enter into a written agreement defining their respective rights and obligations inter se, setting out in detail the rights and duties owed between them, though this is not mandatory unless the vehicle is designated a private fund limited partnership (see Practice Note: Limited...
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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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