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
This Practice Note explains what interim rent means, when and how an interim rent application can be made under the Landlord and Tenant Act 1954 ( LTA 1954), the ways of calculating interim rent, and the impact on an interim rent application if lease renewal proceedings are discontinued... What is interim rent? Interim rent is the sum which, under LTA 1954, s 24A, a tenant must pay while its tenancy is continued under LTA 1954, s 24. For the conditions that must be met for a business tenancy to continue under s 24, see Practice Note: LTA 1954 business lease renewal—termination... Note there is no entitlement to apply for interim rent where a tenancy is continued under: LTA 1954, s 28, arising from an agreement for the grant of a future tenancy, or LTA 1954, s 36(2), where, after revocation of an order...
The Civil Procedure Rules ( CPR) relevant to interim remedies were amended with effect from 6 April 2025. From that date, CPR 25 was replaced in its entirety, and Practice Directions 25A and 25B were revoked. The standard forms in Practice Direction 25A, Annex A and Annex B were also withdrawn on 6 April 2025, namely: draft freezing injunction draft search order draft imaging order Those templates have been superseded, with effect from 6 April 2025, by three model orders: Model Order for a Freezing Injunction Model Order for Proprietary and Freezing Injunctions Model for a Search and Imaging Order PDF versions of these model orders, each offering the option to open and edit the order in Word format, appear under ‘ Related Documents’ for this Practice Note. For further guidance, see Q& A: Where can I find information on the changes to Part 25 coming into force on 6 April 2025? as well...
As is typical within civil law systems, notably in the Middle East, interim remedies are generally harder to obtain than in common law venues like England and Wales or the United States. For arbitrations seated in the Sultanate of Oman (' Oman'), the Oman Arbitration Act ( Royal Decree No. 47 of 1997, as amended) serves as the lex arbitri, having taken effect on 28 June 1997 and later amended in 2007. That Act draws on the UNCITRAL Model Law. It is complemented by the Civil Procedure Law ( Royal Decree No. 29 of 2002) and Oman’s accession to the New York Convention ( Royal Decree No. 36 of 1998). Oman has also advanced in recent years with the creation of the Oman Commercial Arbitration Centre (' OAC') in 2018 (established by Royal Decree No. 26 of 2018) and the...
Interim remedies are available in the arbitral proceeding in Macau Interim remedies, also known as interim measures, are temporary orders that a court or arbitral tribunal may issue before or during a dispute resolution process. They are separate from final remedies, which typically form part of a final judgment, order, or arbitral award that settles the dispute in full. These interim measures are designed to preserve the parties’ rights and interests until the case is finally resolved by the court or tribunal. At the same time, they may function as stand-alone measures as well. An anti-suit injunction is one such measure, preventing a party from commencing or continuing legal proceedings in a given forum. That latter measure is not provided for by Macau arbitration law currently. Macau published a new arbitration law on 5 November 2019, Law No. 19/2019, which entered into force on 4 May 2020. The new...
This Practice Note sets out the process for obtaining an interim remedy under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 20, covering jurisdictional questions, evidential requirements, applications made without notice, and undertakings. It also notes requirements as to evidence and addresses without notice applications. For the range of interim orders the court may make, see Practice Note: Interim orders under FPR 2010, Pt 20. Various forms of interim relief beyond those expressly mentioned in FPR 2010, SI 2010/2955, Pt 20 can be pursued within family proceedings. The omission of a particular remedy from FPR 2010, SI 2010/2955, Pt 20 does not limit the court’s existing authority to grant it. For further guidance on other common interim remedies, consult the following Practice Notes: Procedure for maintenance pending suit Funding—legal services orders and costs allowances Procedure for an...
Interim remedies in arbitrations relating to Australia This Practice Note examines interim remedies in arbitrations connected with Australia. Such measures can be ordered by the arbitral tribunal, or by a court in aid of the arbitral process. The need for interim measures can surface in any category of dispute, at various stages of the case, and they may be fashioned in several forms. They may be sought at different times during the proceedings. In international arbitration, the avenues to obtain interim protection differ depending on a number of factors, including the nature of the measure sought and the jurisdiction where enforcement is required. By way of illustration, parties may need a worldwide freezing order where assets are spread across numerous jurisdictions, or a freezing order in a jurisdiction other than the seat of the arbitration because the relevant assets are situated there....
Although arbitration is a consensual, private mechanism distinct from the judicial system of any jurisdiction, there are recognised occasions and circumstances when parties may wish, or be required, to turn to the courts for supportive relief in aid of the arbitration itself. Former arbitration legal framework in Portugal The earlier Portuguese Arbitration Law ( Law No 31/86 of 29 August 1986) (the Old PAL) contained no express or specific rules on preliminary orders or interim measures available to parties during arbitral proceedings, or even before they were commenced. Nonetheless, it was commonly accepted that the state courts could be asked to issue such measures or orders in aid of arbitration. At the same time, a long-running discussion among academics, commentators and the case law addressed whether arbitral tribunals themselves possessed authority to order interim measures or preliminary orders. The overwhelming trend in decisions of the...
This Practice Note provides an overview of the interim measures available in support of arbitration proceedings seated in Switzerland. It outlines the remit of arbitral tribunals and Swiss courts, the statutory basis, and the circumstances for granting and enforcing such relief. Chapter 12 of the Swiss Private International Law Act ( PILA), updated with effect from 1 January 2021, regulates international arbitrations with a Swiss seat. Under article 183 PILA, unless the parties have agreed to the contrary, a tribunal may, on a party’s application, issue interim or conservatory relief. If a party fails to comply voluntarily, the tribunal or a party may turn to the competent state court for assistance, which will apply its own law. Either body may require suitable security as a condition of the measure. Unless the parties have made a different arrangement, the tribunal may, at a party’s...
Interim relief As a general proposition, interim relief comprises measures designed to preserve the status quo between parties until their dispute is resolved. Such orders may prevent the dissipation of assets in issue, forestall the destruction of evidence, or address any other concern that threatens to influence the result and/or the effectiveness of the ultimate anticipated decision (e.g. restraining court proceedings brought in breach of an arbitration agreement). The availability of interim relief is a crucial procedural tool safeguarding the integrity of arbitral proceedings. In its absence, a final arbitral award could be rendered nugatory and any ultimate relief thwarted. In Singapore, the International Arbitration Act ( IAA) and the Arbitration Act ( AA) alike authorise Singapore-seated tribunals, as well as the Singapore courts, to grant interim measures in aid of arbitration. In addition, both the 2001 AA and the IAA allow parties to...
Interim measures are frequently required in arbitration to safeguard a party before, throughout, and, where necessary, after an award has been issued. Such orders are typically granted to ensure that any award can be enforced against relevant assets and is not rendered ineffectual. This Practice Note outlines the interim measures available under Indian law to parties to arbitration. Note: Indian judgments referred to in this Practice Note are not reported by Lexis Nexis®. The Arbitration and Conciliation Act 1996 (as amended) Indian arbitration law is governed by the Arbitration and Conciliation Act 1996 ( ACA 1996). The ACA 1996 was amended by the Arbitration and Conciliation ( Amendment) Act 2015 (the 2015 Amendment), and later by the Arbitration and Conciliation ( Amendment) Act 2019 (the 2019 Amendment). This Practice Note considers the legal position under the ACA 1996 following the 2015 and 2019...
The importance of interim measures A party engaged in international commercial arbitration may require interim relief to preserve the status quo or otherwise safeguard its position. Such protection can be essential at any point in the arbitral proceedings. Although a core tenet of international arbitration is that parties should avoid conduct that could prejudice enforcement of the final award or inflame or prolong the dispute, that principle offers little reassurance to an applicant confronting a respondent determined to act, before, during, or after the arbitration, in a manner ultimately harmful to the applicant. Hence, the authority of courts and tribunals to order interim protective measures in support of arbitration is of fundamental significance. The British Virgin Islands ( BVI) Arbitration Act 2013 (the BVI Act) sets out a coherent framework for granting interim measures, empowering both arbitrators and the court to implement the...
This Practice Note explores the availability of interim relief from German courts in aid of arbitration and the extent of arbitral tribunals’ powers to order such measures under German law. Note: all German judgments cited in this Practice Note are not reported by Lexis Nexis®. Introduction to interim measures under German arbitration law Germany is widely regarded as friendly to arbitration, a stance that includes facilitating interim measures (vorläufiger Rechtsschutz) to support arbitral proceedings. The statutory framework for arbitration is contained in the 10th book of the Code of Civil Procedure ( Zivilprozessordnung ( ZPO)). The German Federal Ministry of Justice has issued an unofficial English translation of the ZPO, and any quotations from the ZPO in this Practice Note draw on that version. German arbitration law closely follows the UNCITRAL Model Law on International Commercial Arbitration (1985). Consequently, inter alia, both the state courts and, once...
Interim measures in Brazil Interim relief in Brazil falls under the Brazilian Code of Civil Procedure ( Federal Law No 13.105/2015 ( BCCP)), which outlines several categories of provisional measures, each aligned to particular forms of relief and designed to preserve the effectiveness of the ultimate decision, whether judicial or arbitral. The Brazilian Arbitration Act ( BAA), which governs arbitration ( Federal Law No 9307/96), further provides that, before the arbitral tribunal is formed, the parties may apply to the courts for interim measures. Once the tribunal is constituted, the BAA confers on it the exclusive competence to issue interim measures and to maintain, vary, or revoke measures previously ordered by the courts. The substantive criteria for these remedies are, in essence, the same in arbitral and judicial forums; therefore, the BCCP’s general framework can guide the appraisal of interim relief even when ordered by...
This Practice Note examines the interim remedies available from French courts in support of arbitration proceedings. For guidance on interim relief granted by arbitral tribunals seated in France, see Practice Note: Interim remedies granted by arbitral tribunals seated in France. Powers of the French courts to grant interim remedies in support of arbitration proceedings Article 1449, paragraph 1 of the French Code of Civil Procedure ( FCCP) states that the existence of an arbitration agreement does not prevent a party—so long as the arbitral tribunal has not yet been formed—from applying to a French court for a measure concerning the taking of evidence (mesure d’instruction) or for a provisional or conservatory measure. This reflects settled case law: French Cour de Cassation, Third Civil Chamber, 20 December 1982, No 81-15.746 French Cour de Cassation, Second Civil Chamber, 7 March 2002, No...
This Practice Note offers guidance on construing and applying the pertinent CPR provisions. Depending on the court handling your case, you may need to consider further requirements—see below. It outlines how to seek an interim payment order under CPR 25.23, and describes the position once such an order is made, including possible variations and the impact on the eventual resolution of the claim. For when a court may grant an interim payment, see Practice Note: Interim payments—guiding principles. Amends to CPR in April 2025 From 6 April 2025, CPR 25 is significantly revised and Practice Direction 25B, which formerly set out detailed interim payment rules, is revoked. These changes form part of a CPR simplification initiative and are not intended to alter substance. The content of Practice Direction 25B has been folded into the principal text of CPR 25. For more...
This Practice Note sets out what an interim payment order is and the situations in which the court will make one. It covers the requirements for obtaining such an order under CPR 25.23 and explains how the court assesses the sum, namely as a reasonable proportion of the amount likely to be awarded at final judgment. For step-by-step guidance on making an application, see Practice Note: Interim payments—procedure and effect on final judgment. Amends to CPR in April 2025 From 6 April 2025, CPR 25 underwent significant revision and Practice Direction 25B, which formerly contained detailed provisions on interim payments, was revoked. These changes form part of a project to streamline the CPR and are not intended to be substantive. The content of Practice Direction 25B has been absorbed into the main rules in CPR 25. For more, see Practice Note: Interim remedies— CPR Part 25,...
This Practice Note examines what an interim payment on account of costs is, when the court may make such an order, and the presumption that an order will follow where a detailed assessment is anticipated. It also identifies what might constitute a good reason to displace that presumption when costs are to be assessed in detail. In addition, it reviews the relevant case law and considers the position both where costs budgeting has taken place and where it has not. What is an interim payment on account of costs? When the court orders the losing party to pay costs, the receiving party will not obtain payment until costs are agreed or a detailed assessment has concluded, a process that can take a considerable period. The general principle, stated in Mars UK Ltd v Teknowledge (1999), is that a successful party is entitled to their costs and...
Interim remedies in support of arbitration—the legislative regime Arbitration in New Zealand is regulated by the Arbitration Act 1996 (the Act). The principal body of the Act sets out general provisions and rules applicable. Schedule 1 contains an adapted form of the United Nations Commission on International Trade Law ( UNCITRAL) Model Law (the Model Law), and Schedule 2 sets out special rules that generally apply only to domestic arbitrations. In 2007, New Zealand was the first country in the world to implement amendments to the original Model Law put forward by the UNCITRAL 2000 working group, delivering a more comprehensive code for interim measures in support of arbitration. This New Zealand regime is located, in particular, in articles 9 and 17–17M of Schedule 1 to the Act: article 9 of the Act provides for court-ordered interim measures in support of...
Interim measures in support of arbitration in China This Practice Note reviews the availability of interim measures in aid of arbitration in China under the law of the People’s Republic of China ( PRC). The references to ‘ China’ and ‘ PRC’ denote Mainland China, excluding Hong Kong, Macau and Taiwan. It has been updated to reflect the 2025 amendments that take effect on 1 March 2026, and all citations to the Arbitration Law are to the law as amended. In China, arbitral tribunals have no authority to grant interim measures, irrespective of the arbitration rules selected. They are also barred from doing so even where the applicable rules expressly purport to confer such powers. Put simply, a party seeking interim measures must first submit its request to the arbitration institution, which will then transmit the application to the competent court....
When an action for annulment is brought against a European Commission ( Commission) decision before the General Court (with any subsequent appeal to the Court of Justice), that decision is not stayed by default. Nevertheless, Article 278 TFEU allows a company contesting a Commission decision to request the EU Courts to suspend it pending judgment. Similarly, Article 279 TFEU enables the EU Courts, in any proceedings before them, to order any measures considered necessary. Applications for suspension are typically determined by the President of the General Court, and that ruling can be appealed to the Court of Justice. In parallel, Article 8 of Regulation 1/2003 authorises the Commission to issue decisions imposing interim measures (see further, EU antitrust investigation process— Interim measures). For a summary of administrative practice, see the Commission’s Antitrust Manual of Procedures— Interim...
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
