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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
Most recent Practice notes
Stop press: LIBOR, including synthetic LIBOR, stopped being published after 30 September 2024. Please be aware that this Practice Note is no longer maintained. ARCHIVED: This Practice Note has been archived and is not updated. This Practice Note sets out targeted information on legislative measures proposed in the US, UK and EU to deal with tough legacy contracts arising from the discontinuation of the London Interbank Offered Rate ( LIBOR). It: clarifies the meaning of ‘tough legacy contracts’ and why they pose difficulties outlines the legislative measures proposed in the UK, US and EU and the present state of that legislation assesses the extent to which those measures could resolve the tough legacy problem, with a specific emphasis on the UK, and contains a table contrasting principal features of the legislative...
What does this Practice Note cover? This Practice Note sets out an overview of liability management techniques for bonds—covering bond buybacks, tender offers, exchange offers and consent solicitation—placing particular emphasis on the process, the documentation to be prepared, and the principal legal and regulatory considerations that arise in delivering such transactions. The Note is directed mainly at investment‑grade bonds issued in the UK and European markets. For further information on liability management exercises, including liability management transactions involving loans/credit agreements, see Practice Note: FAQs on Liability Management Exercises. What is liability management in relation to bonds? Liability management describes a range of techniques used by issuers to actively manage or restructure their outstanding bond liabilities. Typical liability management transactions comprise: bond buyback tender offer exchange offer consent solicitation A liability management transaction can also be structured as a combination of these techniques......
Notification provisions in liability insurance policies This Practice Note offers direction on notification clauses in liability insurance. It outlines the function of these provisions and explains how to notify claims or relevant circumstances to insurers—covering what should be reported and when. It also discusses the possible outcomes where notification obligations are not properly observed. In addition, it addresses the respective rights and duties of insurers and insureds in relation to the insured’s duty to mitigate its losses and the defence and settlement of claims. For information about liability insurance generally, see Practice Note: Liability insurance. The related documents pod on the right contains links to further guidance on liability insurance and to guidance on its specific forms. Liability policies almost always contain a term (frequently a condition precedent) requiring the insured to notify the insurer within a specified period of any claims brought against them....
This Practice Note sets out the defining features of liability insurance and the range of liability insurance types available. It further reviews the breadth of cover provided by liability policies and offers guidance on determining liabilities and assessing the reasonableness of loss settlements, alongside notes on recurring issues in liability insurance, such as joint and composite insurance and how the Third Parties ( Rights Against Insurers) Act 2010 ( TP( RAI) A 2010) applies... The related documents pod on the right supplies links to more detailed guidance on particular aspects of liability insurance, including the notification of claims and circumstances, the defence of claims, and resources addressing specific forms of liability insurance... What is liability insurance? Liability insurance is a class of cover that protects the insured against the risk of becoming liable to a third party. In the same way as property...
Beyond motor vehicles, the highway is used by many others, including: motorcyclists cyclists e-bikes e-scooters emergency vehicles learner drivers Every highway user owes a duty to take reasonable care in the circumstances to avoid causing injury to their neighbour. Looking at the leading authorities for each type of road user, together with the Highway Code rules, offers practitioners the general approach adopted by courts when determining the relative culpability of parties in road traffic accidents. It should be noted that motorcycles and cyclists are far more likely than cars to overtake and to filter past stationary traffic. Cyclists and motorcyclists also face a higher risk of harm in a collision than car drivers and therefore occupy a higher place in the ‘hierarchy of road users’, which has appeared in the introductory sections to the Highway Code since January...
What is the Local Government Pension Scheme? The principal pension arrangement for local authorities is the Local Government Pension Scheme ( LGPS). As a statutory, public service scheme, it covers local government and related staff across England and Wales, with distinct schemes operating in Scotland and Northern Ireland. For a general overview, see: Local government pensions—overview. Bodies joining the LGPS—whether admission, scheduled or designated—take on significant duties and potential risks. Guidance on which employers can participate is set out in Practice Note: The Local Government Pension Scheme—admission agreements. A core responsibility is meeting the cost of benefits, a commitment that most participating employers expect and plan for. Less widely appreciated is the exposure that arises when certain LGPS employers fail because of insolvency or undergo employer restructuring. This issue has drawn particular focus in the education sector following funding reductions. This Practice Note...
FORTHCOMING CHANGE 1 : On 1 September 2022, the DLUHC opened a consultation proposing new duties for the LGPS to oversee and disclose climate-related risks, including the carbon emissions tied to their investments. The LGPS is the UK’s largest public sector pension scheme, covering 6.2 million members and holding £342bn in assets worldwide. Under the government’s plans, administering authorities would be required to: Calculate their carbon footprint; Assess how climate change could influence pension-related assets and liabilities; and Report each year on the extent to which assets align with the 2015 Paris Accords, the international climate treaty adopted by much of the world. This seeks to enhance the management of climate-related financial risk and would bring the LGPS into line with requirements already in force for private pension schemes. The proposals are intended to replicate the Task Force for Climate- Related Financial Disclosures ( TCFD) measures that already apply to the...
FORTHCOMING CHANGE : On 13 October 2025, the Ministry of Housing, Communities and Local Government ( MHCLG) opened a consultation on proposed reforms to the Local Government Pension Scheme ( LGPS) in England and Wales. A central strand is a substantial reset of Fair Deal protections, bringing the scheme into line with the 2013 Fair Deal guidance and phasing out admission body agreements and the use of ‘broadly comparable’ schemes for future outsourcing, other than in limited, exceptional cases. In their place, a new default ‘deemed employer’ approach would mean staff compulsorily moved under TUPE keep unbroken LGPS membership, with the original Fair Deal employer retaining pension responsibility rather than relying on admission bodies. These safeguards would carry through re-tenders and later transfers, preserving access for ‘protected transferees’ and, at the employer’s option, extending to new starters on the contract. Draft...
Designed to enable you to compare legal differences across two or more jurisdictions within any given practice area in detail. Lexology Panoramic can yield over 2 billion......
The Built to help you contrast legal variations between two or multiple jurisdictions within any specified practice field. Lexology Panoramic is capable of producing more than 2 billion responses......
The automated unfair dismissal schedule of loss application streamlines preparing a schedule, enhances accuracy and makes future revisions straightforward. It: enables creation of a claimant’s schedule or a respondent client’s counter-schedule for an unfair dismissal matter performs the statutory and numerical calculations needed to evaluate the worth of the claim generates a clear, structured document detailing the losses sought and the calculation of the overall figure The settings proceed on the basis that: the claimant’s dismissal took place on or after 29 July 2013 the claimant has standing to bring an unfair dismissal claim (see Practice Notes: Entitlement to claim unfair dismissal and Qualifying period for unfair dismissal) the monetary loss arising from the dismissal (eg loss of earnings) is greater than any sums offsetting loss (eg enhanced redundancy payments or income earned in...
Insurance & Reinsurance resources in Lexis+® UK The key Insurance & Reinsurance resources outlined below sit within Lexis+® UK and are cross-referenced throughout the Insurance & Reinsurance materials in Lexis+® UK, offering practical commentary, legislation, rules and guidance for insurance and reinsurance practitioners in private practice or in-house. These titles are available only with the appropriate Lexis+® UK subscription(s). The cases source in Lexis+® UK is fully searchable and includes the All England Law Reports Commercial Cases. Halsbury’s Laws of England, Insurance, Volume 60 — Halsbury’s Laws of England delivers the only complete narrative statement of the law of England and Wales, covering every proposition of English law. Its titles are arranged alphabetically, making it easy to navigate and enabling fast, efficient research across any legal field......
Intellectual Property law The following key Intellectual Property resources are available in Lexis+ UK Legal Research and deliver practical commentary, legislation, rules and guidance for intellectual property lawyers in private practice or in-house. Please note that the titles listed are only accessible with the relevant Lexis+ UK Legal Research subscription(s). Morcom on Trade Marks – A comprehensive treatment of trade mark law, enabling practitioners to give clients authoritative, well-supported advice. It offers close examination of major UK and European legislation and thoughtful commentary on leading cases. For lawyers handling trade mark protection and enforcement. Trade Marks: Law and Practice – A concise overview of UK trade mark law within UK, EU and international contexts. For lawyers dealing with the protection and enforcement of trade marks. Laddie, Prescott & Vitoria: The Modern Law of Copyright (5th edn) – A leading text on all areas of...
Restructuring & Insolvency resources These key Restructuring & Insolvency resources are available in Lexis+® UK and signposted throughout the Restructuring & Insolvency content, delivering practical commentary, legislation, rules and guidance for restructuring and insolvency lawyers in private practice or in-house. Please note: the titles below are accessible only with the relevant Lexis+® UK subscription(s). Doyle, Keay and Curl: Annotated Insolvency Legislation Offers clear, practical direction on primary and secondary insolvency legislation; the latest edition includes the Corporate Insolvency and Governance Act 2020. Alongside the full text of key statutory provisions, each is accompanied by detailed analysis and commentary, giving practitioners and academics a comprehensive, portable reference. Authored by Louis Doyle KC, Professor Andrew Keay, and Joseph Curl KC. Who should use this resource? Restructuring and insolvency professionals needing...
The following key Private Client resources are available in Lexis+® UK and signposted across Private Client content, offering practical commentary, legislation, rules and guidance for Private Client lawyers in private practice or in-house. Please note the listed titles are accessible only with the relevant Lexis+® UK subscription(s). Wills, probate and trusts Williams on Wills The definitive commentary on every facet of the law of Wills. Who should use this resource? Lawyers or other professionals engaged in preparing or construing Wills. Tristram and Coote's Probate Practice The leading probate commentary, delivering up-to-date, expert guidance on all aspects of probate procedure, with precedents recommended by Probate Registrars. Who should use this resource? Lawyers or other professionals involved in probate or estate administration, including contentious probate. Butterworths Wills Probate and Administration Service A comprehensive service with clear, step-by-step guidance across the law and practice of probate and estate...
To reach the Market Standards corporate deal analysis database, click here. You can also open Market Standards from the Tools menu on the right-hand side of the Lexis+® UK Corporate homepage. Lexis+® UK In- House Advisor subscribers can find the database via the Tools menu positioned on the right hand side of the In- House Advisor homepage. Market Standards key features Market Standards is a distinctive service for corporate lawyers available to Lexis+® UK Corporate and Lexis+® UK In- House Advisor subscribers. At its core is a deal analysis database that enables users to locate, analyse and compare data on key elements of public company corporate transactions. Market Standards spans ten transaction or ‘deal’ categories, including takeovers, initial public offerings ( IPOs) and secondary offers. The database also provides analysis of resolutions and voting at FTSE 350 and AIM 50 annual general meetings ( AGMs),...
Employment law The following essential Employment resources are available on Lexis+ and cross‑linked throughout the Employment content in Lexis+® UK Practical Guidance, offering useful practical commentary, legislation, rules and guidance for employment lawyers in private practice or in‑house. Please note that these titles are accessible only with the appropriate Lexis+ subscription(s). Butterworths Employment Law Handbook — An annually published statutory handbook containing fully updated statutory materials, original EU Directives and non‑statutory materials relating to employment law in England and Wales, and in Scotland. For lawyers advising on general employment law. Drafting Employment Documents for Expatriates — A guide to preparing employment documents for expatriates, including practical suggestions, checklists and framework documents. For lawyers involved in drafting employment documentation for expatriates working overseas. EU and International Employment Law — A...
The following core Dispute Resolution resources—offering practical commentary, legislation, rules and guidance for disputes practitioners in private practice or in-house—are available on Lexis+® UK. They are cited and linked within the Dispute Resolution content on Lexis+® UK. Please note that access to the listed works requires the relevant Lexis+® UK subscription(s). Civil procedure Civil Court Practice ( The Green Book) A foremost commentary on civil court practice, encompassing all pre-action protocols, Court Guides, the Civil Procedure Rules 1998 with Practice Directions, and authoritative guidance on practice and procedure in specialist jurisdictions. Claims and remedies—key substantive guidance in a commercial disputes context Negligence: Buckley - The Law of Negligence and Nuisance ( Common Law Series) A detailed analysis of negligence and nuisance, informed by case law and judicial pronouncements. Damages: The Law of Damages ( Common Law Series) A thorough analysis of the law of...
This Practice Note This Practice Note compiles a single list and links to the clause bank subtopics available on Lexis+® UK that in-house lawyers may find helpful. It serves as a signpost to the comprehensive contracts clause bank (found across multiple Lexis+® UK Practical Guidance practice areas) and to any clause banks specific to individual practice areas. Many, though not all, Lexis+® UK Practical Guidance practice areas include a dedicated clause bank topic. This is because: clauses are not pertinent to that practice area a practice area only needs a limited selection of clauses, so a separate clause bank isn’t justified, eg Lexis+® UK Arbitration, or a practice area contains many clauses spread across different subtopic areas, which would make one consolidated clause bank unwieldy, eg Lexis+® UK Employment, Lexis+® UK Private Client In the second and third...
Banking & Finance resources These core Banking & Finance resources are available within Lexis+® UK and are referenced across the Banking & Finance materials, delivering practical commentary, legislation, rules and guidance for banking and finance lawyers in private practice or in-house. Access to the titles below requires the appropriate Lexis+® UK subscription(s). Butterworths Company Law Handbook Summary: A definitive company law reference, compiling the key texts of major statutes, statutory instruments and European measures. Who should use this resource? Best suited to practitioners examining legislation on partnerships, limited liability partnerships and insolvency. Encyclopaedia of Banking Law Summary: An authoritative, comprehensive analysis of modern English law governing domestic and international banking. Who should use this resource? For lawyers needing coverage across banking and finance issues, including taking security ( Division E); international banking operations, including trade finance, negotiable instruments and letters of credit (...
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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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