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
For most leases, an assignment can only proceed with the landlord’s consent. This Practice Note explains what occurs if the seller fails to obtain that consent before completion, and how the matter is treated under the Standard Conditions of Sale (5th Edition) ( SCs) and the Standard Commercial Property Conditions ( SCPCs) ( Second or Third Editions). Although primarily directed at commercial property, it also touches on residential aspects... Standard Conditions of Sale Where: a contract for the sale of leasehold land incorporates the SCs (fifth edition—2018 Revision): Encyclopaedia of Forms and Precedents para [460], and the lease stipulates that the landlord’s consent is needed for an assignment the SCs provide an express right to rescind in specified circumstances. Under SC 8.3.3, provided a party is not in breach of the obligation in condition 8.3.2, either party may rescind the contract by giving notice to the...
Main remedies in Scottish landlord and tenant disputes The principal remedies available in the context of landlord and tenant disputes in Scotland are: Interdict Specific implement Payment action Damages action Rescission Retention of rent Irritancy Hypothec Action for recovery of heritable property Interdict Interdict is a court remedy used to restrain an actual or threatened breach of contract by a party; for example, a landlord may seek it to stop a tenant using the premises for a purpose other than that for which it is let. It is the counterpart of the English remedy of injunction. An interdict can be obtained in the Court of Session (by petition or summons, see: Introduction: Stair Memorial Encyclopaedia [88]) or in the sheriff court (by initial writ, see: Form of writ: Stair Memorial Encyclopaedia [382]). If brought in the sheriff court,...
Types of waste In England and Wales, aside from public health laws, landfill operations were not regulated until the Control of Pollution Act 1974 ( CPA 1974). As a result, older landfill sites may have taken in a broad spectrum of potentially hazardous materials, such as asbestos, chemical wastes, effluent and sludge. Waste falls into categories including commercial, household, industrial and hazardous. Before any waste is consigned to landfill it must be: treated (with limited exceptions) classified characterised to identify the class of landfill it will go to For details on the classification of waste, see Practice Note: Waste duty of care—classification and coding. In England and Wales, landfill disposal is regulated under the Environmental Permitting Regulations 2016. The Government has issued guidance on the disposal of waste to landfill in England......
What is landfill tax? Landfill tax is an environmental levy managed in England and Northern Ireland by the Commissioner of Customs and Excise, through HMRC Central Unit ( Landfill Tax). For an overview of landfill tax in Wales and Scotland, see the Practice Notes on Landfill disposals tax ( Wales) and Scottish landfill tax. Who pays landfill tax? Ordinarily, the ‘operator’ of the landfill site is responsible for paying landfill tax. The operator is the permit holder for a landfill site, or the person who ought to have a permit for sites where material is disposed of. If the permit holder has no direct involvement in operating the site itself, the liability to pay the tax also extends to the ‘controller’ of the site. The controller is the person who decides what material is permitted to be disposed of at the particular landfill site. A...
Introduction Landfill sites, both operational and former, present environmental concerns owing to the nature of wastes disposed at these locations over many years. Key potential risks include: soil contamination surface water and groundwater pollution release of toxic gases, including methane, volatile organic compounds and carbon dioxide In England and Wales, landfill sites are regulated under the Environmental Protection Act 1990 ( EPA 1990), Part II, in particular, as well as the Environmental Permitting ( England and Wales) Regulations 2016 SI 2016/1154 ( EPR 2016). The principal regulatory bodies are the Environment Agency ( EA) in England and the Natural Resources Body for Wales ( NRW). The lead government departments/bodies (the appropriate authorities) are the Department for Environment, Food and Rural Affairs ( Defra) for England together with the Secretary of State for Environment, Food and Rural Affairs (the Secretary of State) and Welsh...
Landfills in the UK Historically, landfills across the UK followed a dilute and disperse principle, whereby contaminants were allowed to seep gradually into the environment. The introduction of the Waste Framework Directive (2008/98/ EC) and the Landfill Directive (1999/31/ EC), along with other statutory measures, brought about major changes: the need for landfill has declined due to landfill tax, diversion goals and recycling targets design, construction standards and containment practices have advanced tighter controls now apply to active sites, including pre-treatment of waste and a prohibition on liquid waste environmental permits can only be given up when a site no longer presents risks to the environment or human health operators must provide financial bonds to cover aftercare duties Consequently, the number of operational contained landfills is falling, though many thousands of older dilute and disperse sites still exist...
What is landfill disposals tax? Landfill disposals tax is an environmental levy overseen by the Welsh Revenue Authority. From 1 April 2018, sending waste to landfill in Wales ceased to fall under UK landfill tax and instead became liable to landfill disposals tax. In June 2017, the Welsh Parliament ( Senedd) approved the Landfill Disposals Tax ( Wales) Bill. This measure replaces UK landfill tax in Wales with effect from 1 April 2018. The Bill followed a consultation, with Welsh Ministers exercising powers granted by the Wales Act 2014. It received Royal Assent on 7 September 2017, creating the Landfill Disposals Tax ( Wales) Act 2017 ( LDT( W) A 2017). The Landfill Disposals Tax ( Wales) Act 2017 ( Commencement No 1) Order 2017, SI 2017/955, was made on 28 September 2017. These arrangements apply across Wales......
FORTHCOMING CHANGE relating to changes to APR and BPR : At the Autumn Budget 2024 on 30 October 2024, the government announced plans to significantly reduce the level of APR and BPR available on qualifying property from April 2026. Following consultation and subsequent announcements, the existing 100% rate of relief will be limited so it will no longer apply to the entire value of qualifying agricultural or business assets, but will instead only cover the first £2.5m of combined value. For more detail, see News Analysis: Autumn Budget 2024— Private Client analysis — Inheritance tax, and Practice Notes: IHT—agricultural property relief and IHT—business property relief. Even before the announcements made at the Autumn Budget on 30 October 2024, landed estates had long been encountering HMRC challenges to inheritance tax ( IHT) relief claims, while also having to navigate a wholly new...
The section 2 requirements in the Law of Property ( Miscellaneous Provisions) Act 1989 ( LP( MP) A 1989) are disapplied for certain contracts and trusts. This Practice Note identifies those categories and outlines how the exceptions take effect. Excepted contracts The contractual formalities set out in LP( MP) A 1989, s 2 do not apply to contracts: for leases not exceeding three years (ie short leases under Law of Property Act 1925, s 54) made in the course of a public auction regulated under the Financial Services and Markets Act 2000 (other than a regulated mortgage contract, regulated home reversion plan, regulated purchase plan or a regulated sale and rent back agreement) Constructive trusts The statutory formalities in LP( MP) A 1989, s 2 do not affect the creation or operation of resulting, implied or constructive trusts. No written evidence is required. A constructive trust arises in relation to legal title...
Practice Note This Practice Note charts the progress, scope and specifics of the employment‑related Bills signalled in the King’s Speech on 17 July 2024, setting out the Labour Government’s legislative programme, namely the Employment Rights Bill ( ERB) and the proposed Equality ( Race and Disability) Bill. It records the origins of the various elements within the Bills, including Labour’s new deal for working people ( September 2021) and the Labour Party Manifesto 2024, and follows subsequent announcements and press releases over time, notably the policy paper Next Steps to Make Work Pay ( Next Steps). The Practice Note also maps movement on other manifesto commitments of interest to employment practitioners, such as proposals to introduce a single worker status alongside a right for workers to disconnect from work outside their usual working hours. The Labour Manifesto stated that Labour’s Plan to make work pay:...
This Practice Note sets out advice on crafting a compelling business case for learning and development ( L& D). For any organisation, L& D is a material outlay. With a multitude of options available, you must define a robust case for any proposed L& D activity to evidence its impact on the bottom line. Doing so secures initial funding and demonstrates continuing value to the organisation over time. To warrant the cost, every L& D initiative should be tightly linked to business goals, ensuring spend is clearly justified. Without this discipline, it is difficult to show how L& D supports commercial performance. The challenges of building a business case for L& D The principal difficulty lies in the asymmetry between clear, quantifiable costs and the more elusive benefits or return on investment ( ROI). When outcomes are poor, the absence of training is an easy...
An interview with Elvira Maratova, partner and head of the Kyrgyzstan practice, Tamirlan Muktarov, senior associate, and Elmira Usenova, associate at regional law firm GRATA International Law Firm, exploring central issues on merger control in Kyrgyzstan. Note – to verify whether notification thresholds in Kyrgyzstan and worldwide are reached, consult Where to Notify. 1. Have there been any recent developments regarding the merger control regime in Kyrgyzstan and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Kyrgyzstan? Resolution No. of the Cabinet of Ministers of the Kyrgyz Republic......
ARCHIVED: This Practice Note has been archived and is not being maintained at present. Under the Kyoto Protocol, the developed economies listed in Annex I to the UN Framework Convention on Climate Change (the Annex I Parties) accepted specific targets to cut greenhouse gas ( GHG) emissions across two separate commitment periods. The initial period covered 2008 to 2012 and obliged Annex I Parties to reduce total GHG emissions by at least 5% below 1990 figures. The subsequent period spanned 2013 to 2020 and called for cuts of at least 18% beneath 1990 levels; however, after 2012 these obligations were not legally binding......
ARCHIVED: This Practice Note is archived and no longer maintained Kyoto Protocol to the United Nations Framework Convention on Climate Change ( Kyoto Protocol) Parties: 192 — see ratification status for details Location: Kyoto, Japan Adopted: COP3 on 11 December 1997 Entered into force: 16 February 2005 Subject: Climate change The Kyoto Protocol From 2008 to 2020, the Protocol required developed economies listed in Annex I to the UNFCCC ( Annex I Parties) to meet quantified reductions in greenhouse gas emissions. These commitments covered the following gases: carbon dioxide ( CO2) methane nitrous oxide hydrofluorocarbons perfluorocarbons sulphur hexafluoride The UNFCCC’s objective is to stabilise greenhouse gas concentrations at a level that prevents dangerous human-induced disruption of the climate system. Its signatories endorse principles that curb emissions, and the Kyoto Protocol...
CASE HUB ( NOTE— On 3 August 2016, the European Commission approved, with commitments, the creation of a joint venture between Vodafone Group and Liberty Global in the Netherlands ( Case M.7978). KPN lodged an appeal against that decision before the General Court in Case T-370/17). ARCHIVED —this archived case hub reflects the position at the date of the judgment of 23 May 2019; it is no longer maintained. See further, timeline commentary and related/relevant cases Case facts Outline Third party action before the General Court seeking the annulment of the European Commission decision to approve, with commitments, the joint venture between Vodafone Group and Liberty Global. Latest development On 23 May 2019, the General Court delivered its judgment, dismissing in its entirety a third party action for annulment of the Commission’s decision of 3 August 2016 to authorise, with commitments, a joint venture between Vodafone Group and Liberty Global in the...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) took effect. Procurements launched on or after that date must be conducted under PA 2023, while those started under the previous regime must continue to be procured and managed in line with that legislation: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime. It offers practical guidance on public procurement under PA 2023. For practical guidance on procurement under the earlier legislation, see Practice Note: Introduction to public contracts procurement. Under PA 2023, contracting authorities are required to set key performance indicators ( KPIs) for certain public contracts......
Background Established in 1966, the Korean Commercial Arbitration Board ( KCAB) unveiled a distinct set of International Rules in 2007, which were updated in 2011 and then again in 2016. The KCAB’s 2016 International Arbitration Rules (2016 International Rules) entered into force on 1 June 2016, mirroring developments in international arbitration practice at the time. Their issuance marked KCAB’s 50th anniversary and coincided with the first major revision of the Korean Arbitration Act since 1999. Passage of the Arbitration Industry Promotion Act in June 2017 signalled continuing governmental backing to advance Korea as a leading centre for international arbitration, including public funding for arbitral institutions such as the KCAB, alongside support for practitioners, research activity and arbitration infrastructure within Korea. KCAB International was launched in April 2018 as a specialised arm within KCAB to administer cross-border cases under the KCAB...
are capital allowances available to traders. Capital allowances are chiefly available to individuals and other unincorporated entities for new acquisitions. They are not, however, available to anyone carrying on a trade that uses the cash basis. For companies, capital allowances arise only on qualifying capital expenditure on know-how where the acquirer falls outside the corporate intangible assets regime in Part 8 of the Corporation Tax Act 2009 ( CTA 2009) in relation to that know-how. This applies where the know-how does not meet the asset or time conditions required to be within CTA 2009, Pt 8. For more detail, see Practice Notes: What is an intangible fixed asset? and What is a pre- FA 2002 asset? ‘ Know-how’ is specifically defined as industrial information or techniques likely to aid: manufacturing or processing goods or...
Under the Knives Act 1997 The Knives Act 1997 ( KA 1997) sets out two offences concerning the unlawful marketing and publication of knives. These offences, created by KA 1997, ss 1 and 2, are triable either in the magistrates’ court or the Crown Court. Where a company commits an offence and it is proved that an officer consented to or connived in it, or it arose from that officer’s neglect, both the officer and the corporate body are guilty and subject to prosecution... Meaning of knife under KA 1997 Under the KA 1997, a knife is defined as any instrument that has a blade or is sharply pointed... Unlawful marketing of knives under KA 1997, s 1 This offence focuses on the marketing of knives and the way in which such marketing is carried out......
Practice Note This Practice Note sets out a high-level summary of the principal legislation and processes for placing looked after children with a connected person acting as a foster carer. It explains: who qualifies as a connected person; the steps for arranging a placement with a connected person; the assessment route for approving a connected person as a foster carer, including interim approval; the approach to reviewing any approval; and frequent mistakes when carrying out assessments. Please note, the material here reflects the current position in England. In Wales, this field is governed by the Social Services and Well-being ( Wales) Act 2014 and associated statutory instruments. For more detail on children’s social care in Wales, consult the following Practice Notes: Local authority powers and duties to provide accommodation for children in Wales, Local authority duties to looked after children in Wales and Local...
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
