Featured documents
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
What is the Teachers’ Pension Scheme? The Teachers’ Pension Scheme ( TPS) is a statutory public service pension scheme for members of the teaching profession in England and Wales. Since 1 April 2015, the TPS has consisted of two distinct schemes: the reformed TPS (often described in TPS literature as the ‘2015 Scheme’), introduced on 1 April 2015 under the Public Service Pensions Act 2013 ( PSPA 2013) as a career average revalued earnings ( CARE) scheme for those joining on or after 1 April 2015. For further information, see Practice Note: The reformed Teachers' Pension Scheme the legacy TPS, set up under the Superannuation Act 1972 ( SA 1972) as a final salary scheme for members who joined before 1 April 2015. This scheme is the subject of this Practice Note Be aware there are separate schemes in Scotland and Northern Ireland, which are not covered by this...
What is the PCSPS? Until 30 September 2002, the Principal Civil Service Pension Scheme ( PCSPS) was the only pension option for the civil service. From 1 October 2002, four distinct sections were introduced within the PCSPS: Classic (the 1972 Section), Classic Plus (a blend of Classic and Premium), Premium (the 2002 Section) and Nuvos (the 2007 Section). The first three operate on a final salary basis, whereas Nuvos is a career-average section. For further details on how these sections were established, see below. Subsequently, on 1 April 2015, a new arrangement, the Civil Service Pension scheme ( CSP) alpha, was created to provide benefits on a career average basis. When alpha was brought in, the government acted to close the PCSPS to future accrual, subject to: the retention of a final salary link in the PCSPS for active members, meaning benefits earned in the PCSPS are...
Who can apply under Part 8? An individual may seek further limited leave to remain as a spouse, civil partner, unmarried or same-sex partner under the Immigration Rules, Part 8, where they currently hold, or in some situations last held, leave as a partner (this includes a fiancé(e) or proposed civil partner) granted under Part 8. Switching from a non- Part 8 route into any Part 8 partner route is no longer permitted, and all fresh partner applications must now be submitted under the Immigration Rules, Appendix FM, Family life as a partner. Consequently, only a small number of people will be making applications for further limited leave under Part 8. Predominantly, these will be applicants who already possess limited leave under the Immigration Rules, Part 8, paragraphs 284–285 (spouses and civil partners) or paragraphs 295D–295E (unmarried and same-sex partners) but who are unable to...
This Practice Note considers the National Health Service Pension Scheme ( NHSPS) as it existed before the amendments taking effect on 1 April 2015. What is the National Health Service Pension Scheme? The NHSPS is an unfunded public service occupational pension arrangement providing retirement benefits to health service employees on a salary-related, or defined benefit ( DB), basis. Since 1 April 2015, there have been two distinct NHSPS schemes: the reformed NHSPS (often called in NHS publications the ‘2015 Scheme’), established under the Public Service Pensions Act 2013 ( PSPA 2013) on 1 April 2015 as a career average revalued earnings ( CARE) scheme. New members from 1 April 2015 have joined this arrangement. For further details, see Practice Note: The reformed National Health Service Pension Scheme the legacy NHSPS (often described in NHS publications as the ‘1995/2008 Scheme’), comprising two separate final salary...
ARCHIVED: This Practice Note is archived and not maintained This note contrasts the conventions applied in the loan and swap markets for sterling, US dollar, euro and Swiss franc interest rate benchmarks that reference risk-free rates ( RFRs), and is designed to help hedging lawyers pinpoint potential mismatches and sources of basis risk. Loan and swap RFR conventions for legacy transactions—comparison table Pounds sterling ( GBP): SONIA Sources and guidance from the Working Group on Sterling Risk- Free Rates ( RFRWG): Working Group on Sterling Risk- Free Rates Detailed Loans Conventions (updated March 2021) Best Practice Guide for GBP Loans (updated March 2021) Fallback Rate ( SONIA) Fact Sheet IBOR Fallbacks IBOR Fallback Rate Adjustments Rule Book RFR Conventions and IBOR Fallbacks— Product Table Interest methodology Compound in arrears. The market generally favours compounding the rate rather than the balance; however, multiple...
FORTHCOMING DEVELOPMENT : Section 10 of the Finance Act 2022 is set to raise the normal minimum pension age ( NMPA) from 55 to 57 on 6 April 2028, excluding members of the firefighters, police and armed forces public service pension schemes. This change takes effect on the stated date and will not apply to specified uniformed services. The Act will also permit members of registered pension schemes to access benefits before 57 where, on or before 4 November 2021, they either already held an 'unqualified right' to take benefits or were undertaking a substantive transfer to a scheme that, on or before 4 November 2021, offered an unqualified right to a protected pension age below 57. To rely on this new 2028 protection, the scheme’s rules must, as at 11 February 2021, have contained an unqualified right to draw scheme benefits before age 57. For...
This Practice Note examines initiatives centred on legacy IT estates, outlining the context for such refresh programmes—particularly within the financial services sector—and considering technology renewal via non-transformational outsourcing, cloud-based solutions, and software development/integration, together with the key issues and practical considerations for each. A technology refresh means replacing existing IT products and platforms with newer or improved alternatives to preserve capability, add or enhance functionality, boost performance and efficiency, remain aligned with cutting-edge advances, or meet evolving operational demands and process change. Where historic systems store or handle substantial datasets, data migration, along with integrity and security considerations, becomes a major workstream within the refresh. Background to legacy IT refresh projects Technology refresh is instrumental in helping organisations drive efficiencies, reduce costs, and compete in the market. Many organisations undertake a comprehensive refresh every five to seven years (shorter in some sectors), with smaller, interim...
Since 1 October 2007, new enduring powers of attorney ( EPAs) cannot be created; however, documents executed before that date remain effective and are likely to continue appearing for many years to come. As a result, it remains essential that the manner of their creation and the way they function day to day are understood. An EPA that has been properly executed is not brought to an end by the donor becoming mentally incapable. Nevertheless, if and when the donor loses capacity, the authority cannot be exercised unless the EPA is registered. The donor For an EPA to be valid, the donor must, at the time of execution, have the ability to comprehend the nature and effect of the EPA. It is insufficient that, on that date, the donor was merely able to carry out the acts authorised by the power......
How to commence divorce proceedings on paper This Practice Note sets out the process for starting divorce cases using paper forms, and applies only to applications lodged before 4 October 2021. It identifies the parties and addresses jurisdiction, explains the steps where an earlier petition exists, and offers practical guidance on preparing a petition. This includes when to withhold the petitioner’s address, the mandatory particulars for a petition (application for a matrimonial order), and how to frame the statement of case. It also outlines the online divorce service. The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Any proceedings issued by the court on or after that date are governed by DDSA 2020 and the procedural amendments to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For more detail, see Practice Notes:...
This Practice Note sets out key tax pitfalls and planning opportunities for individuals departing the UK. It is a brief overview, and bespoke advice may be necessary for particular clients, especially where circumstances are complex. —key points to consider A tax-efficient exit from the UK demands thorough planning. Points to review include: the statutory residence test ( SRT) temporary non-residence disposal of UK residential property domicile status double taxation compliance obligations UK pensions and investments residence of trusts and companies where taxpayer is a trustee/director/officer continuing tax obligations post-departure These matters can be depicted in the following diagram: Statutory residence test For anyone aiming to be non- UK resident after 5 April 2013, the statutory residence test ( SRT) determines how many days may be spent in the UK without being treated as UK-resident. For...
ARCHIVED : This Practice Note has been archived and is not maintained. The rules governing UK residence prior to 6 April 2013 are set out in the Residence before 6 April 2013 [ Archived] Practice Note, which you are advised to consult first. This Practice Note addresses how those rules apply to individuals departing the UK before 6 April 2013, specifically. Guidance for entrants to the UK appears in the Residence—issues on coming to the UK before 6 April 2013 [ Archived] Practice Note, rather than here. Inheritance tax ( IHT) turns on domicile rather than residence, although a long-term resident can be treated as domiciled for IHT purposes. A well-timed exit may shield a non-domiciliary from IHT; see Domicile for UK tax purposes before 6 April 2025 [ Archived] Practice Note for details. Someone who leaves the UK may become...
Leases and licences This Practice Note examines the key characteristics of leases and licences, together with the approach adopted by the courts when determining whether an agreement or other occupation arrangement is a lease or a licence. As tenants often enjoy significant statutory protections compared with licensees, drawing the line between a lease and a licence is frequently critical. Disputes and uncertainty regularly arise where the parties permit occupation of land or premises without properly and accurately recording their bargain in writing. Best practice is for the parties to enter into a written lease or licence that clearly and faithfully reflects the nature of the tenant’s or licensee’s occupation, and practical guidance on entering into licences, tenancies at will and other short term letting arrangements can be found in Practice Note: How to enter into short-term lettings and licences of commercial premises. In the absence of an...
It is common for parties to revisit and adjust the provisions of a current lease. A deed of variation can capture and implement agreed amendments, yet it is neither the sole mechanism for altering a lease nor invariably the right one. The most suitable structure for changing lease terms depends on: the nature of the amendment the parties intend to make, and the particular circumstances impacting the existing lease As with any transaction, appropriate due diligence and careful risk management are essential. This Practice Note covers: principal risks arising from a lease variation amendments that should not be effected by a deed of variation due diligence requirements for a lease variation transaction what a deed of variation should contain pre-completion issues (existing covenant breaches, completion mechanics) post-completion steps (registration, notices, tax) For guidance on structuring a lease re-gear, see...
Heads of terms The process starts with settling key commercial terms, covering identities of the parties, length of the lease, rent, and any particular clauses on use, assignment, underletting, service charge, or works to be carried out. Such terms are typically agreed directly by clients, or with their accountants or other professional advisers......
Environmental issues to consider As environmental liabilities can stall or derail transactions, the parties should decide at the heads of terms stage whether any environmental matters ought to be raised, such as: whether the landlord will supply environmental reports (desktop, phase 1s, phase 2s), asbestos surveys, or fire risk assessments? who is the asbestos dutyholder, and whether the asbestos register needs updating, an asbestos management plan prepared, or asbestos remedial works undertaken? whether the landlord’s EPC indicates a need for energy efficiency improvements? whether the tenant intends to carry out a phase 1 environmental audit or a phase 2 baseline audit? whether the tenant requires any environmental permits? the agreed approach to contaminated land liabilities—will the landlord take responsibility for existing contamination, and should the tenant be liable for new contamination or for mobilising existing...
The Landlord and Tenant ( Covenants) Act 1995 ( LT( C) A 1995) The Landlord and Tenant ( Covenants) Act 1995 ( LT( C) A 1995) sets out a statutory framework governing in detail the passing of the benefit and burden of lease covenants, together with the discharge and release of landlord and tenant obligations arising thereunder, for any ‘new tenancy’ (as defined in LT( C) A 1995, s 1, ie the majority of leases granted on or after 1 January 1996). From 2010 to 2016, inclusive, a series of decisions closely examined the wide anti-avoidance rules in LT( C) A 1995, s 25, particularly as they affect guarantor liability. Those decisions demonstrated that the anti-avoidance regime, when read with the statutory provisions for the release of guarantors, can create material difficulties when structuring transactions that involve assigning a ‘new tenancy’ and...
This guide has been created to tackle the everyday realities of leading. If you are stepping into leadership for the first time, you will find practical suggestions to help you begin. Seasoned leaders will also discover new angles to consider. The themes explored here present a down-to-earth perspective on leadership and on growing leaders, concentrating on the genuine challenges and possibilities they encounter. Produced in partnership with Cranfield School of Management. Its focus is practical and grounded, centred on what truly matters in business day to day. Learning to be a leader Key questions: Which leadership strengths and qualities do I contribute to the business? How well can I interpret business priorities and add value effectively to the business? Do I understand these business needs and act on them? What are my personal values, and do they fit or conflict with...
L& D encompasses all learning opportunities across the organisation. It includes, though is not limited to: taking part in training courses completing online tutorials watching webinars on-the-job coaching mentoring reading researching Regulatory requirements SRA The Solicitors Regulation Authority ( SRA) views learning as vital. Solicitors no longer have to tally continuing professional development ( CPD) hours each year. Under the SRA’s competency regime, they must reflect on the quality of their practice, identify any learning and development needs, and then address them to ensure their knowledge and skills are current and they are competent to practise. For more information about the competence regime, see: Continuing competence—in-house lawyers—overview. Before the SRA competence statement, the SRA made no distinction between technical legal skills development and personal development. The competence statement addresses this, defining what solicitors must be able to do to...
Senior lawyers who report to business managers in other jurisdictions may not welcome functional reporting, particularly if they were in post before you took on the role as head of the function. Your first task is to create a relationship they perceive as supportive rather than a licence to interfere, while ensuring the business also recognises the responsibilities you carry. This Practice Note offers practical guidance and tips for in-house lawyers on building and enhancing relationships with remote functional reports. It should be read alongside Practice Note: Building relationships with business people to whom in-house team reports, which underscores the importance of forging a strong relationship with your functional report’s manager... Your functional contribution (listed as examples in the note referred to above) Encourage the recruitment and retention of in-house lawyers who can perform to a high standard ...
Practice Note This Practice Note outlines the challenges a manager encounters when driving change and offers practical guidance on leading the team effectively throughout, grounded in the varied ways people may respond. People can react in many different ways, influenced by: whether the change is their choice or imposed upon them the scale of the change the extent of their input into how it will affect them whether past changes were experienced and if they succeeded whether they agree with the change whether the change presents any threats to them Typical emotions include anxiety, excitement (it seems great on paper), denial (they will never do it), hopefulness and fear of the unknown. For many in in-house legal teams, changes are arriving thick and fast in continuous waves, so a person may not have fully adjusted to one shift before the next is...
Popular documents
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 ]...
Discover more from LexisNexis
