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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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CASE HUB ARCHIVED – this hub captures the position as at the judgment of 12 June 2014 and is no longer updated. See also: timeline, commentary and related/relevant cases. NOTE—appeal filed by Intel before the Court of Justice in Case C‑413/14 P Case facts Outline An action before the General Court sought to annul or cut the fines arising from the Commission’s decision of 13 May 2009, which found an abuse of a dominant position contrary to Article 82 EC (now Article 102 TFEU) and Article 54 of the EEA Agreement, and levied a record individual penalty of €1.06bn on Intel for alleged conduct between October 2002 and December 2007. On 12 June 2014, the General Court rejected Intel’s case in full. The matter is significant not only for the unprecedented size of the penalty, but also for what it signals about the current stance (and...
CASE HUB (date of judgment—06/09/2017) Note—case remitted to the General Court in Case T‑286/09 RENV See further: timeline, commentary and related/relevant cases Case facts ARCHIVE—06/09/2017 Outline Appeal lodged against the General Court’s judgment that had upheld the Commission’s decision of 13 May 2009 finding an abuse of a dominant position contrary to Article 82 EC (now Article 102 TFEU) and Article 54 of the EEA Agreement, and imposing what was then a record individual fine on Intel of €1.06bn for the alleged infringement occurring between October 2002 and December 2007. On 6 September 2017, the Court of Justice allowed Intel’s appeal, concluding that the General Court failed to assess, in the light of Intel’s arguments, whether the rebates in question were capable of restricting competition. The Court of Justice therefore annulled the General Court’s judgment and, in turn, sent the case back to the General Court so it may...
CASE HUB (appeals lodged at the General Court in Case T- 1129/23 and at the Court of Justice in Case C- 143/26 P) ARCHIVED — this case hub records the position as at the decision dated 22 September 2023; it is no longer maintained. See further, timeline. Case facts Outline The European Commission’s re‑imposition of a penalty arising from an Article 102 TFEU inquiry into Intel’s abuse of dominance by remunerating computer manufacturers to stop or defer the launch of particular products incorporating rivals’ x86 central processing units ( CPUs), and by narrowing the sales channels available to those products (naked restrictions) ( AT.37990). Latest development On 22 September 2023, the Commission adopted a fresh decision re‑levying a fine of c.€376.36m on Intel for a previously established abuse of dominance in the x86 CPU market in breach of Article 102 TFEU (the re‑imposed penalty applying solely to the naked...
Embedding learning and development— L& D This Practice Note sets out guidance on embedding learning and development ( L& D) within a firm by aligning it to business strategy, integrating it into everyday practice, and ensuring employees are engaged. Positioning L& D in the firm L& D is often seen as a standalone function, separate from the firm’s daily operations. To deliver best value, it must be integral to the business. Accordingly, it should: be clearly aligned to the business strategy engage employees on an individual basis generate measurable outcomes For more on evaluating the results of L& D, see Practice Note: Building the business case for learning and development. Aligning L& D with the business strategy Strategic L& D objectives and measures must be defined and included in the firm’s business plan for genuine integration. These should cascade to departments and...
What is sustainable business and ESG issues? Sustainable business is a broad notion, covering an organisation’s effects on the environment as well as on society at large. It has moved up the corporate agenda, with companies under mounting pressure to adopt responsible operational and strategic practices—particularly in view of climate change targets that stakeholders and government are focussing on. This Practice Note gives a high‑level overview of how the sustainability agenda has affected executive pay. It also highlights continuing updates to guidance from government and the principal institutional investor bodies. For more on sustainable business generally, see: ESG and sustainability collection. ESG reporting Stronger demands for transparency and accountability through corporate governance and disclosure have refocused attention on environmental, social and governance ( ESG) impacts. Interest from a range of stakeholders in companies’ ESG performance is growing. Multiple mechanisms exist to shape corporate social...
Under Part 8 of the Corporation Tax Act 2009 ( CTA 2009), the overarching position within the corporate intangible assets regime is that a company’s gains and losses on intangible fixed assets ( IFAs) are determined and recognised as corporation tax credits and debits in accordance with the accounting treatment of those IFAs. Put simply, the company’s accounts, drawn up under generally accepted accounting practice ( GAAP), form the starting point for establishing the taxable and relievable amounts relating to the company’s IFAs. This is commonly described as ‘tax following the accounts’. Nonetheless, there are a number of departures from this rule, where the corporate intangible assets legislation overrides the accounts and stipulates that IFA credits and debits must be worked out on an alternative basis. For broader guidance on the taxation of IFAs, see Practice Note: How intangible fixed assets are...
IMPORTANT NOTE: The provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) are being introduced in stages. You should therefore check whether the specific provision in question has been commenced by the relevant commencement regulation. This Practice Note outlines the core data protection considerations for insurers when handling personal data under the UK General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 ( DPA 2018) and DUAA 2025. It highlights the data protection principles, lawful bases for processing, data subject rights and applicable exemptions. For a fuller overview of the UK GDPR, see Practice Note: The UK General Data Protection Regulation ( UK GDPR). The insurance market is notably rich in data. Insurers depend on collecting and processing personal data for key operations such as pricing premiums, detecting fraud and...
Many employers provide staff with insured benefits, including private medical insurance, permanent health insurance ( PHI), life insurance, and directors' and officers' liability insurance. Such arrangements benefit both employer and employee, as the expense of group provision is generally far lower for an organisation than the cost individuals would incur securing equivalent protection themselves. This Practice Note offers a concise outline of the main insured benefits employers commonly make available and the related considerations. For example contract provisions, see Precedent: Clauses—insurance and other benefits, Clause 13 of Precedent: Executive service agreement, and Clause 14 of Precedent: Employment contract basic version. For more detail on directors' and officers' liability insurance, consult Practice Notes: Protecting a director from liability and Directors and officers insurance policies. Insurance benefits are not 'wages' Medical, permanent health and life insurance benefits do not constitute 'wages' for the purposes of sections 13–27 of the...
This Practice Note looks at the insurance provisions in the main forms of JCT contract. It examines the Contractor’s liabilities and insurance obligations under the JCT Design and Build Contract ( DB) 2024 and the JCT Standard Building Contract ( SBC) 2024. Where clause numbering differs between the two forms, this Practice Note draws attention to it; otherwise, clause references apply to both DB and SBC. The 2024 and 2016 editions made adjustments to the insurance provisions compared with the 2011 editions, including updates to professional indemnity insurance in the 2024 version and, in 2016, relocating much of the text from Schedule 3 into the main conditions and introducing the C.1 Replacement Schedule, see Practice Note: JCT contracts 2016—what's changed? [ Archived] and News Analysis: The JCT Design and Build Contract 2024—what’s changed? For how insurance and risks are addressed in the NEC3/ NEC4...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered under those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract, issued alongside the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be updated shortly to capture these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, Government model contracts updated for Procurement Act 2023 ‘go-live’— LNB News 24/02/2025 29, and Cabinet Office updates PPN 013: Using standard...
An insurance premium is the amount paid for insurance or reinsurance protection and is the consideration the (re)insured gives in return for the (re)insurer’s contractual undertaking to indemnify it for risks set out in the policy. Premium funds are used by (re)insurers mainly to: build reserves for both reported and unreported losses settle claims generate investment returns purchase reinsurance meet regulatory solvency margin obligations pay Insurance Premium Tax ( IPT) to HMRC For more on IPT, see Practice Note: tax. Calculating the insurance premium Underwriters and actuaries determine the premium in line with their assessment of risk, and the method varies by class of business. Life and health pricing is largely a mathematical exercise performed by actuaries using extensive longevity and morbidity data, reflecting current and long-term inflation and expected investment returns. Some general lines, such as motor, can also be...
Insurance Insurance is a cornerstone of trade and commodity finance. Although many embedded risks in trade funding can be reduced through careful structuring, including taking security where appropriate, insurance delivers an extra safeguard for the lender. For instance, collateral over financed goods offers no value to a financier if part of those goods are damaged or destroyed. Putting in place suitable insurance against the peril of damage or destruction of the goods preserves the financier’s position should that risk materialise. Moreover, a financial institution may procure insurance against an obligor’s default to achieve capital relief on its exposure, or to permit the financing of deals that would otherwise be barred by internal obligor or country limits. Insurance arrangements ought to be addressed from the very start of a deal, during the structuring stage. Matters to assess include: which categories of risk can, and ought to, be...
In real estate finance transactions, the borrower’s principal asset is the property, and the lender’s security package is structured around obtaining adequate security over that property. Because the property is paramount, the lender will wish to be comfortable that the insurance arranged for the property is sufficient, and will also seek security over the borrower’s entitlement to any insurance proceeds (see Practice Note: Security in real estate finance transactions). The financing documentation will set out comprehensive insurance obligations on the borrower, typically contained in the facility agreement or the security documents. The Loan Market Association ( LMA) includes provisions addressing these matters in its: single currency term facility agreement for real estate finance multi-property investment transactions ( LMA Investment REF Facility Agreement), and single currency term facility agreement for real estate finance single property development transactions ( LMA...
This Practice Note considers insurance issues that may arise when construction works, including refurbishment and fit-out, are undertaken to an existing building. It identifies who typically arranges buildings insurance and which parties it may cover. It also outlines the position where a tenant carries out works, and the approach under the JCT and NEC standard form construction contracts. Who maintains and is covered by buildings insurance? Freeholders An existing property should be protected by appropriate buildings insurance, usually placed by the freeholder. Cover ought to meet the cost of making good, replacing or reinstating damage to the building fabric, for example roof, walls, ceilings, floors, doors and windows. It should also extend to the landlord’s fixtures and fittings and to underground tanks, pipes and cables. The full rebuilding or reinstatement cost should be insured where damage is caused by an insured risk (as defined in the...
What is insurance law? Insurance law divides into three strands: insurance contract law, setting the rules of the bargain between policyholders and insurers the law of intermediaries, governing insurance arranged via agents (as with the majority of placements) insurance company law, addressing prudential soundness, integrity and the supervision of insurers This Practice Note focuses chiefly on insurance contract law. For wider regulatory material, see our ‘regulation of insurance’ subtopic, including Insurance & Reinsurance—regulatory framework—overview and Insurance & Reinsurance— Regulated activities—overview. Reform of the insurance sector In January 2006, the Law Commission and the Scottish Law Commission (together, the Law Commissions) began consulting on modernising insurance contract law. Their programme was then separated into three streams: consumer insurance law reform: pre-contract disclosure and misrepresentation insurance contract law reform: business disclosure, warranties, insurers’ remedies for fraudulent claims, and late payment insurance contract law...
Insurance & Reinsurance case tracker—2021 [ Archived] ARCHIVED: The 2021 Insurance & Reinsurance case tracker has been archived and is no longer maintained. It summarises court decisions and litigation concerning insurance and reinsurance. The tracker records the progress of cases reported from January 2021, including listed appeals, and was updated every fortnight. Abbreviations European Court of Justice/ Court of Justice of the European Union — ECJ Supreme Court — SC Court of Appeal — CA High Court — HC Queen's Bench Division — QBD Technology and Construction Court — TCC Previous years Insurance & Reinsurance case tracker—2020 [ Archived] Insurance & Reinsurance case tracker—2019 [ Archived] Appeals tracker Court: QBD Case name: R (on the application of Aviva Insurance Ltd) v Secretary of State for Work and Pensions [2021] EWHC 30 ( Admin) Details: The High Court...
Insurance & Reinsurance case tracker—2023 [ Archived] ARCHIVED: The Insurance & Reinsurance case tracker—2023 has been archived and is not maintained. This tracker centres on insurance and reinsurance court matters and rulings. It shows the progress of cases reported from January 2023, with updates made fortnightly. Abbreviations used European Court of Justice/ Court of Justice of the European Union— ECJ Supreme Court— SC Court of Appeal— CA High Court— HC King's Bench Division— KB Technology and Construction Court— TCC For previous years, see Insurance & Reinsurance case tracker—2022 [ Archived] Insurance & Reinsurance case tracker—2021 [ Archived] Insurance & Reinsurance case tracker—2020 [ Archived] Decided cases 2023 December CA — The University of Exeter v Allianz Insurance Plc [2023] EWCA Civ 1484 Property insurance—war...
Arbitrations stemming from insurance and reinsurance disputes resemble other commercial arbitrations broadly in many material respects, yet they also carry particular characteristics. This Practice Note outlines those distinguishing aspects and offers direction on arbitral procedure and tactics and strategy within an insurance and reinsurance setting. For details on the varieties of insurance arbitration, including ad hoc arbitration, institutional arbitration and Bermuda Form arbitrations, see: Understanding institutional and ad hoc arbitration—overview and Practice Note: Insurance and reinsurance arbitration—an introduction. Distinctive features of insurance arbitrations Common distinguishing features of insurance arbitration, explored in greater depth below, include: multiple arbitrations on similar facts, which can raise issues concerning, for example: appointment of arbitrators consolidation of proceedings disclosure of information obtained in one set of...
This Practice Note considers the impact of Part 1 of the Automated and Electric Vehicles Act 2018 ( AEVA 2018), and the recommendations made in the Law Commissions’ Automated Vehicles: joint report, on the UK’s motor insurance framework, looking at: The current structure of motor insurance How AEVA 2018 and the Law Commissions’ joint report evolved Which categories of automation fall within AEVA 2018 Duties of the relevant legal stakeholders The present approach to primary and secondary liability under AEVA 2018 The extent of liability envisaged by AEVA 2018 Applicable limitation periods Retention and disclosure of data Continuing reform This Practice Note excludes AEVA 2018, Pt 2, which deals with provisions for charging electric vehicles. For an overview of key milestones and details on the evolution of the autonomous vehicles regime, see Practice Note: UK...
Insolvency practitioners ( IPs) will recognise the established routes to finance claims, such as conditional fee agreements ( CFAs), damages-based agreements ( DBAs), third party funding, creditor-backed funding, assigning a cause of action, and after-the-event ( ATE) insurance. See: Funding of insolvency litigation and investigations—overview. Yet, for many, the burgeoning practice of using insurance to mitigate not only adverse costs and security for costs but also their own spend is less well known. ATE providers have broadened their offerings to cover own disbursements, counsel’s fees, solicitor’s fees, and the work in progress of restructuring specialists. From 2013, the insolvency litigation funding landscape has had to respond to sweeping changes under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, including the non-recoverability of CFA success uplifts and ATE premiums from the losing side (implementation for insolvency cases was postponed until April 2016). As with...
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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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