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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 brief guide sets out practical information on compiling and maintaining an insider list as required by Assimilated Regulation ( EU) No 596/2014 on market abuse (the UK Market Abuse Regulation). For fuller detail on duties relating to insider lists, see Practice Note: Insider lists. An insider list is a core tool for the FCA to examine potential market abuse, evidencing when information became inside information, who had access to it, and at what time. It also helps companies monitor and manage the confidentiality of inside information. The legal requirement to keep an insider list Under the UK Market Abuse Regulation, the following companies must keep and update an insider list: a company with securities admitted to trading on a UK regulated market, including the London Stock Exchange’s Main Market and the AQSE Main Market a company with securities admitted to trading on a UK...
What is the defence of insanity? Insanity operates as a defence to a criminal allegation. It is available in both the magistrates’ court and the Crown Court. At its core, the rationale for this defence is that criminal punishment ought to be imposed only on those who are responsible for their behaviour. The question of what amounts to insanity was the subject of debate until it was settled by the rule laid down in M’ Naghten’s Case. In that case, Daniel M’ Naghten shot and killed the secretary to the politician Sir Robert Peel, having intended to kill Sir Robert himself. He was prosecuted for murder, yet the verdict was an acquittal on the ground of insanity. High Court judges were then required to respond to questions in the House of Lords about the law that governs the insanity defence......
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note provides general guidance for public procurement activities launched before the Procurement Act 2023 ( PA 2023) came into force and effect on 24 February 2025. Procurements within scope that commence on or after that date are governed by PA 2023. Under PA 2023’s transitional and savings provisions, the earlier procurement regimes continue to operate as appropriate insofar as necessary for contracting authorities to finalise and oversee procurements initiated prior to commencement (ie procurements still ongoing). This Practice Note ought to be read on that footing. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance concerning PA 2023 is provided elsewhere in a separate subtopic: Procurement Act 2023—overview. Public procurement under the Public Contracts Regulations 2015 A contracting authority is required to apply one of the five...
ARCHIVED – this archived practice note examines the European Commission’s method for evaluating innovation-based rivalry within merger reviews and records the state of play at publication (22 June 2018). It is no longer updated any more. Pursuant to the EU Merger Regulation, the Commission must evaluate the competitive impact of mergers, acquisitions and joint ventures (concentrations) that satisfy its jurisdictional thresholds. If the Commission harbours serious doubts as to whether a notified concentration would significantly hinder effective competition, it may launch an in-depth (phase II) inquiry and block the deal, unless the notifying party(ies) propose remedies that dispel its concerns. What amounts to a significant impediment to effective competition ( SIEC) depends on the circumstances in practice. Although price effects are indeed the Commission’s usual focus for notified transactions in many assessments, recent rulings have turned the spotlight on its assessment of whether...
CASE HUB (date of judgment—09/07/2015) See further: timeline commentary related/relevant cases ARCHIVED — this archived case hub reflects the position as at the decision of 9 July 2015; it is no longer maintained. Case facts Outline Inno Lux Corp (previously Chimei Inno Lux Corp) appealed the General Court’s judgment which, on the merits, endorsed the Commission’s decision of 8 December 2010 finding an infringement and levying a €300m fine on Inno Lux for its alleged involvement in a cartel concerning liquid crystal display ( LCD) panels (the ‘ LCD cartel’). The General Court marginally reduced the penalty to €288m. On 9 July 2015, the Court of Justice dismissed Inno Lux’s appeal in full, thereby upholding, as regards substance, the Commission’s decision and confirming the €288m sanction imposed on Inno Lux......
This Practice Note addresses negligence, occupiers’ liability, trespass against the person and nuisance arising from animal-related claims. For assistance on proceedings issued under the Animals Act 1971 ( AA 1971), consult Practice Notes: Liability under the Animals Act 1971—dangerous species and Liability under the Animals Act 1971—all other animals. This Practice Note reviews the alternative bases of claim. For a summary indicating which causes of action might be relevant, see Practice Note: Types of claim involving animals. Negligence The orthodox rules of negligence govern those who keep or manage animals. Anyone responsible for an animal owes a duty to take reasonable care to avoid causing harm to others. It applies to owners and to those controlling animals in their care. Negligence claims remain significant because the statutory requirements for liability under the AA 1971 can be hard to meet. The extent of any duty of care turns on the...
This Practice Note sets out how to commence an alternative dispute resolution ( ADR) process. It considers scenarios where the parties are, or are not, subject to an ADR clause within a contract and, if they are, whether that clause prescribes the method for starting the ADR process... Are the parties bound by an ADR clause? Where a dispute arises under a contract, the agreement may include a ‘dispute resolution clause’ or an ‘ ADR clause’ that obliges the parties to adopt a specified form or forms of ADR to settle disagreements before turning to litigation or arbitration. For details on the different ADR mechanisms, see Practice Note: Which form of ADR? For guidance on the range of dispute resolution clauses, see Practice Note: Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses. If an ADR clause exists, it is vital to follow the...
This Practice Note explores whether organisations ought to run training contracts within their own teams, weighing up the pros and cons. There’s a paradox: moving from private practice into an in-house role can be tough, yet there appears to be little appetite for training would-be lawyers in-house to mitigate those hurdles. Developing trainees internally can deliver advantages over hiring lawyers shaped by firms, and the tally of in-house training contracts seems to be on the rise. So what, then, are the benefits and drawbacks of training in-house? And how can an in-house legal function set up and deliver such training? Advantages of providing training in-house A lawyer trained in-house is already used to the mindset and behaviours required once qualified and operating in-house. Growing within a non-legal environment—whether in a business, charity or the public sector—shapes how the lawyer perceives situations, and helps them tailor their...
The legal sector is in the midst of swift change, with technology central to redefining how legal services are provided. As outlined in Practice Note: Legal tech—why is it important to in-house lawyers and how to build the team of the future, legal tech describes tools and solutions that assist legal professionals in their roles, or that deliver legal services directly to end users. With progress in artificial intelligence ( AI), machine learning, and natural language processing, the scope for legal tech to drive efficiency, precision, and strategic impact is higher than ever. Yet adopting legal tech alone does not suffice. For in-house legal teams to fully realise its benefits, rigorous planning and considerate rollout are vital. It is not merely about procuring new software or automation, but about embedding these technologies in ways that align with wider business objectives and the legal...
Managing the human resources in your legal team Overseeing the people element of your legal team is not a task to hand over to HR alone. It is central to legal operations. Your operational remit is to deliver the best outcomes at the lowest viable cost. From a human resources viewpoint, this is achieved by ensuring each matter is handled by the right lawyer—inside or outside the business—at the right time. To make this happen, you must align all resources to minimise legal and compliance risks by: reorganising your in-house team, engaging lawyers with specific expertise and appointing law firms and/or consultants, while carefully monitoring expenditure. If you are worried that you lack the knowledge, inclination or experience to manage people, it is strongly advised that you develop the required capabilities, as this will pay dividends in how your team provides legal services to your...
Until quite recently, outsourcing legal work largely involved approaching external lawyers, virtually cap in hand. Now, the landscape has matured and diversified, leaving in-house lawyers with an array of business and service delivery models to select from. This Practice Note is aimed at in-house lawyers contemplating handing portions of legal work to external suppliers. It forms part of a broader suite of guidance and Precedents created to support your outsourcing decision. It sets out the range of outsourcing options and encourages consideration of: getting more from existing arrangements, including internal resource engaging external counsel alternative legal services providers ( ALSPs) business process outsourcing ( BPO) See also Practice Notes: Legal services outsourcing—in-house lawyers—information gathering Legal services outsourcing—in-house lawyers—which legal services to outsource Exploit what you already have Before turning to outsourcing, can you make better use of what already...
Key elements Click below for a PDF version: Alan Chapman of www. Businessballs.com outlines the duties of a team leader when guiding individuals: know team members as distinct people—their personality, skills, strengths, needs, aspirations and worries help and support individuals—their plans, issues, challenges, highs and lows define and agree suitable personal responsibilities and objectives give credit and commend individuals—recognise effort and good work where appropriate, reward people with added responsibility, progression and standing spot, develop and utilise each person’s abilities and strengths coach and grow individual team members foster personal freedom and authority When those who report to you are themselves managers of other team members, you should......
Before you can begin to take control of contract management in the legal department, you first need a clear view of how current commercial and legal processes function. Undertake a contract management audit that spans all stakeholders, resources, and processes across your organisation (including the legal team) affecting the lifecycle of contracts, from negotiation and drafting through to execution and management. This Practice Note sets out ways to run an audit of contract management and signals the topics you should probe during that exercise. Conducting the audit There are several approaches you could use to carry out an audit in your organisation: Impromptu hallway or office conversations Advantage: In smaller organisations, ad hoc chats may yield the information you need. ...
Overview of the finance department The finance team typically partners closely with the legal function to translate the commercial terms set by management and/or sales into arrangements that deliver the strongest financial position for the company. Much like legal, finance tends to interact with every corner of the organisation, unlike many other teams that have little day-to-day reason to engage widely. Working with external suppliers to secure the most suitable partner and the most competitive deal Making sure money owed and due is paid and collected on time Collaborating with all departments so that budgets are followed and not overspent Finance also focuses on safeguarding the business by ensuring payment terms align with operational needs, preserving rights of recourse where the company is the supplier in cases of late or missed payments, and in relation to obtaining the products and services for which it...
Overview of the IT and procurement departments It is usually larger organisations with several domestic locations and/or overseas offices that maintain a procurement function, chiefly to streamline supplier use across sites and secure group discounts. This team typically oversees major purchasing choices for the whole organisation, including software and hardware vendors, as well as contractors. This setup is prevalent in bigger enterprises with many national sites and multinational footprints, enabling consistent supplier use across locations and access to pooled discounts. They take charge of key organisation-wide purchases, from software and hardware to contractors across the organisation. At times, they also manage the procurement of external legal services, particularly when large international firms support the business globally; however, the legal department will usually insist on at least oversight, if not full control, because you generally hold clearer insight into likely costs and tighter...
Managing the relationship with a distant subsidiary This Practice Note offers guidance for in-house counsel on best practice when working with remote subsidiary companies across the organisation. Here, the term ‘distant’ refers to a part of the business that is not located near your own base. It may sit in another country or simply be positioned some way from you. Ensuring effective working arrangements typically requires greater, more methodical effort on a consistent basis overall......
SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs The SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs (the Code for Solicitors) sits within the SRA Standards and Regulations. It applies to all solicitors, registered European lawyers ( RELs), registered foreign lawyers ( RFLs) and registered Swiss lawyers ( RSLs), wherever they are practising, including those working in-house. References in this Practice Note to in-house solicitors also cover RELs, RFLs and RSLs practising in-house. The Code for Solicitors contains rules on: conflicts of interest the duty of confidentiality the duty of disclosure Although each is a separate compliance obligation, they frequently overlap. This Practice Note explains the Solicitors Regulation Authority ( SRA) requirements on conflicts of interest, confidentiality and disclosure for in-house solicitors. It outlines how these duties apply in an in-house setting and offers...
This Practice Note explains how to plan and deliver a training course or a presentation. It offers guidance on: distinguishing a training course from a training presentation clarifying the aim of the presentation or course pitching your presentation or course appropriately pre‑course or pre‑presentation information managing nerves avoiding ‘death by Power Point’ engaging with delegates tips for online presentations handling tricky delegates gathering and using feedback The difference between training courses and training presentations While it may look like mere semantics, a real difference exists. A training presentation is largely one‑way: a message is delivered with minimal involvement from the audience. A training course is interactive, with the trainer engaging participants so that learning arises through relevant activities and discussion as well as from the presentation. The two formats do overlap at the outset, and this...
This Practice Note delivers overarching guidance for in-house lawyers on excluding and limiting liability. Exclusion and limitation of liability Clauses that exclude or cap liability allow in-house lawyers to manage their organisation’s contractual exposure. These provisions are intensely negotiated in many agreements and come under sharp focus when matters go awry. The statutory regime regulating such terms is intricate, and the jurisprudence informing their construction is finely balanced. Mastering the underlying legal context is crucial when bargaining over exclusion and limitation clauses. Equally, clear, exact drafting underpins an effective exclusion or limitation of liability provision. Business-to-business ( B2B) contracts Any contract term that excludes or restricts liability is subject to common law and statutory controls. Practice Note: Exclusion and limitation of liability examines exclusion and limitation of liability in business-to-business ( B2B) contracts. It sets out guidance on the statutory and common law...
Practice Note This Practice Note sets out guidance for in-house solicitors on the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs within the SRA Standards and Regulations. The framework contains two distinct Codes of Conduct: one for individual solicitors and one for firms. Every solicitor, registered European lawyer ( REL), registered foreign lawyer ( RFL) and registered Swiss lawyer ( RSL) authorised by the SRA must adhere to the Code for Solicitors, irrespective of role, setting or working arrangement. There are no tailored provisions for in-house practice: the whole Code for Solicitors applies to in-house lawyers, except for a part engaged only when services are provided to the public, which in-house practitioners may deliver in limited circumstances (see below: When you are providing services to the public or a section of the public). This Practice Note describes how the Code for...
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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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