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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 Practice Note outlines the principal statutory and regulatory frameworks for handling and protecting information and data—together termed information management and security. SRA You must preserve the confidentiality of clients’ affairs unless the law requires or permits disclosure, or the client gives consent. The SRA expects you to recognise, monitor and control all material risks to your business. You are also obliged to protect money and assets placed in your care by clients and others. UK General Data Protection Regulation ( UK GDPR) Assimilated Regulation ( EU) 2016/679 ( UK GDPR) imposes wide-ranging duties concerning information security, record-keeping and broader information governance. For further assistance, see Practice Note: How to comply with information security requirements and Precedent: Small business GDPR compliance—self-audit. The UK GDPR security principle Data security is fundamental to the UK GDPR. You must process personal data with appropriate technical and...
Creating a values-driven culture is vital for nurturing a positive workplace in your law firm. It underpins ethical conduct, boosts the appeal and retention of talent, and strengthens client confidence. This guide to shaping a values-driven culture includes: why building a values-driven culture makes good business sense how to identify your core values the most effective ways to communicate those values practical ideas for weaving the values into day-to-day work how to assess performance against the core values how to keep values alive, and refine them, over the longer term Why building a values-driven culture makes good business sense Values act as an ethical and behavioural compass, setting the standards that shape your firm’s culture. Your business goals are the ‘what’, while values are the ‘how’. You already know the targets you’re pursuing—the values set clear...
This Practice Note is aimed at law firms and sets out guidance on running an effective attendance review meeting. The purpose of conducting attendance review meetings Regular attendance reviews are a key element of managing long-term sickness where a member of staff has been away for a prolonged period (usually more than four weeks). The aims of an attendance review meeting are to: examine the reasons behind an employee’s high level of absence; and where absence is linked to a particular health condition, assess how this affects the employee’s capability to perform the role they are employed to do Where a long-term health condition is undermining performance and/or driving absence to the point that the sustainability of continued employment is in doubt, the matter should be managed through periodic attendance reviews rather than by invoking disciplinary...
This Practice Note examines the most common sources of financial instability affecting law firms and explains what actions are needed to ensure issues do not grow into crises. Why might law firms become unsustainable? Ultimately, firms fail when the cash runs out, their banks lose confidence in the business and refuse additional facilities, and alternative finance cannot be secured at short notice. The crunch is usually caused by major outgoings, eg rent, VAT and income tax, or the professional indemnity insurance ( PII) premium becoming due. Although performance differs from firm to firm, many are weak at converting time spent on client matters into cash. In practice, around 120 days can pass between doing the work and receiving payment (this period is called lock-up). Meanwhile, rent and insurance are commonly payable in advance, and staff must be paid at the end of every month. It follows that cash can be...
This Practice Note sets out guidance on why a law firm may require finance and the ways in which such funding might sensibly be obtained. It also looks at what level of debt is sound and when it becomes too high. Why do law firms need finance? All businesses need finance, and law firms are no exception. Funding enables the practice to secure the assets it relies on to conduct its trade. A review of law firm balance sheets shows the principal assets that must be financed are: fixed assets current assets Fixed assets The main fixed assets are: property—many smaller practices purchase their premises, whereas this is less typical for larger firms, which are more likely to rent their office space IT equipment—almost all law firms recognise the need to improve and refresh their IT systems; although such equipment is...
There are five core steps to raising efficiency: identify (define) which process needs improvement measure the issue analyse the information improve the process control, ie embed the new approach so it becomes business as usual Management consultants commonly describe this as the DMAIC framework. This Practice Note takes you through step 4—improve—the issue you identified in Practice Note: Continuous improvement—law firms—step 1—identify and define the problem, measured in Practice Note: Continuous improvement—law firms—step 2—measure the problem, and analysed in Practice Note: Continuous improvement—law firms—step 3—analyse what’s causing the problem. It builds on the case study from steps 2 and 3, which concerns a firm’s new client process. Making the improvement Once you have chosen which issue to address first, you can begin the work of implementing improvements. One method for doing this is the five S’s model. The table below guides you through...
This Practice Note outlines the regulatory considerations when devising a plan or procedure to close your firm, alongside practical support for assembling the plan itself. For additional guidance on succession and exit strategies, including retirement planning, reaching the decision to close, valuing your practice, selling your practice and merging with another, see Practice Note: Succession planning in the wider context of your business. Firm closure plan—compulsory? There is no strict obligation to hold a formal firm closure policy; however, SRA Guidance recommends that, where possible, you plan well in advance when bringing your practice to a close. Larger firms may need a detailed plan and should keep a contingency in place for closure, merger or sale if serious difficulties arise. Client interests are paramount, but the SRA also notes that disorderly closure of a law firm can adversely affect the courts and other parties...
This Practice Note sets out the factors that can cause a law firm to fail and what a bank expects to see if it is to keep backing the firm with further finance. The rationale for cash flow forecasting The immediate danger for any legal practice is exhausting its cash, which can bring the firm down. Receipts from clients are often slow, while outgoings are settled swiftly, leaving firms exposed if cash flow is not tightly managed and capital is inadequate. Failure is most likely at launch, during rapid expansion, or when fee income falls sharply and without warning. By preparing and refreshing cash flow forecasts on a regular basis, the firm can anticipate periods when: it expects to hold excess cash, and it may require additional external funding When these points are planned in advance, securing extra finance is more achievable than approaching the bank only when the...
Why do law firms need budgets and how might they be structured? Just as with any other enterprise, a law firm requires budgets each year to: properly oversee its income and expenditure; and, as a result, reduce the likelihood that the final profit is out of line with expectations. Although a law firm is a professional practice, it remains a business and must be managed with commercial discipline and a business-like approach, day to day and across the financial year. Traditionally, firms generate revenue by selling professional time. While many now employ alternative pricing and service models, most are essentially buying the time of fee earners and reselling that time to clients with the aim of making a profit. A law firm will also carry overheads in addition to the costs of its fee earners......
This Practice Note sets out how to create and roll out a plan to cut absence within your firm. See further Precedent: Example Absence Management Strategy—law firms. What is an absence management strategy? An absence management strategy is an organised, structured method for handling absence, delivered through targeted measures and interventions designed to lower absence levels and the adverse effect on the firm’s business. The purpose of an absence management strategy High rates of absence have a damaging impact on the firm and its workforce as a whole. The aim of an absence management strategy is to bring workplace absence down to an acceptable level that supports, and does not hinder, the firm in achieving its aims and objectives. The benefits of an absence management strategy These include: lower costs linked to absence, including contractual sickness payments, statutory sickness payments and, in some instances, the expense of temporary...
Note—see Where to Notify to check whether notification thresholds in Latvia and worldwide are met. 1. Have there been any recent developments regarding the Latvian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Latvia? Latvia’s merger control rules have seen no substantive change since 2016. Since 2023, the Latvian Competition Council ( Competition Council) has not issued any merger control decisions that would qualify as ‘landmark’. Looking ahead, the Competition Council has flagged upgrades to the regime among its 2025 priorities. The planned measures are designed to make filing merger notifications easier and to expand the range of deals suitable for a shortened procedure. As part of this programme, the Competition Council also intends to roll out an electronic system for submitting...
This table sets out all completed investigations by Latvia’s competition authority (the Competition Council of the Republic of Latvia—the ‘ Competition Council’) into alleged cartels, anti-competitive agreements and abuses of dominant positions ( Articles 101/102 TFEU and national equivalents) since 2018. Note—only investigations that have been made public are included in this table... 2026 Investigations under Article 101 TFEU/ Section 11 of the Competition Law No decisions have yet been issued by the CC under Article 101 TFEU/ Section 11 in 2026... 2026 Investigations under Article 102 TFEU/ Section 13 of the Competition Law Classified advertising services — SS Issues: SS SIA allegedly abused a dominant position by imposing restrictive terms and curbing access to its online advertising platform Developments: Infringement decision...
FORTHCOMING CHANGES relating to Making Tax Digital ( MTD) for Income Tax and penalty reform: late payment and late submission penalties : As set out at Spring Budget 2021, the Finance Act 2021 introduces major revisions to the frameworks governing late-payment and late-submission penalties for VAT and income tax. For VAT, these reforms—together with changes that bring late-payment interest provisions for VAT into line with those for income tax—came into force on 1 January 2023 (see Practice Note: VAT penalties)......
Follow the link below to download the training presentation: Contents What is an LPA? Property and financial affairs LPAs Health and welfare LPAs Legal foundation for LPAs How to make a valid LPA Attorneys Substitute attorneys Certificate provider Persons to be notified Responsibilities of attorneys Powers held by attorneys Statutory restrictions on......
FORTHCOMING CHANGE: Further to the Government’s 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 received Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 ( PAA 2023). When in force, PAA 2023 will bring updates to the Mental Capacity Act 2005 ( MCA 2005) to deliver a more modern lasting power of attorney ( LPA) service. The changes will include: introducing regulations so those involved in making an LPA can choose to sign digitally or on paper; removing attorneys’ ability to register an LPA, so only the donor may register; introducing regulations setting identification verification requirements for registration applications; providing a single route for objections to registration via the OPG and widening who can object to include third...
This Practice Note outlines the statutory basis for the personal injury ( PI) referral fee ban—namely the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012). Not every PI referral is outlawed. The Note is designed to clarify the statutory scheme. It should be read alongside Practice Note: Personal injury referral arrangements— SRA requirements, which completes the regulatory picture. See also Practice Note: Personal injury referrals— SRA examples, flowchart and guidance, which collates SRA illustrations of forbidden and permissible PI referral models. It is indicative only. Statutory regime LASPO 2012 introduced a high-level statutory framework for the PI referral fee prohibition, brought into force in April 2013. Front-line regulators, including the SRA and the Financial Conduct Authority, give effect to that framework. Certain powers are reserved to the Lord Chancellor to make secondary regulations. To whom does LASPO 2012...
What is a reservoir? The Reservoirs Act 1975 ( RA 1975), as amended by the Flood and Water Management Act 2010 ( FWMA 2010), applies only to “large raised reservoirs”. This includes: a large raised structure intended or used for collecting and storing water a large, raised lake or another area capable of storing water that was created or enlarged by artificial means A structure or area is considered “raised” if it can hold water above the natural level of any part of the surrounding land ( RA 1975, s A1(2)). A raised structure or area is “large” if it can hold 25,000 cubic metres of water in England, or 10,000 cubic metres in Wales, above the natural level of any part of the surrounding land. Large raised reservoirs must be registered with the Environment Agency ( EA) in England or Natural...
A conversation with David Fruitman, Regional Competition Counsel, and Kristy Newby, Country Managing Director, Lao PDR, at regional law firm DFDL Legal and Tax Services, on key issues on merger control in Laos Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Laos? Although the Law on Competition ( No. 60/ NA, 14 July 2015) (the Competition Law) was adopted in December 2015 and a regulatory body was formed in October 2018, no implementing regulations have been promulgated to date, meaning the Competition Law is not presently being applied, notwithstanding the creation of the Business Competition Commission. Under the law, is the control test the same as the EU concept of...
Sources of rights and responsibilities for flood management and drainage The legal framework governing flood management and drainage originated in the nineteenth century within land law. Back then, these issues were treated as private matters to be resolved between neighbouring owners. Over time, policy shifted to acknowledge flooding as a collective challenge, with public bodies now central to preventing and managing floods for communities. Even so, many core rights and obligations concerning flooding and drainage still attach to, and pass with, ownership of land. Landowners therefore need a clear grasp of their rights and duties in this area. Indeed, when a flooding dispute emerges, landowner rights and responsibilities are often the first point to consider. This Practice Note sets out the principal sources of those rights and responsibilities for flood management and drainage, together with the key...
This Practice Note sets out the limits on a landlord’s enforcement where a tenant faces insolvency in the most common situations. It addresses issuing court proceedings for rent or damages, taking action against guarantors or former tenants, seeking rent from subtenants, drawing down on a rent deposit deed, applying the CRAR procedure, forfeiture by peaceable re-entry, forfeiture through court proceedings, and serving notice on an insolvency practitioner requiring an election on disclaimer of the lease. For a general introduction to property insolvency see Practice Note: Quick guide to property insolvency. Restrictions on landlord remedies Bankruptcy Court proceedings for rent or damages: Not without the court’s leave ( IA 1986, s 285(3)). Pursue guarantors/previous tenants: Yes, under IA 1986, s 281(7). Claim rent from subtenants: Yes, under IA 1986, s 281(7). Use rent deposit deed: Depends on the deposit...
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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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