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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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The criminal offences The Protection of Children Act 1978 ( PCA 1978), the Criminal Justice Act 1988 ( CJA 1988) and the Coroners and Justice Act 2009 ( CJA 2009) set the framework governing the creation, possession, publication and distribution of indecent images of children. the taking, creation, permitting the making or taking, possessing with a view to distributing, publishing or causing publication, and distributing or showing of indecent images of children ( PCA 1978, s 1(1)) the possession of an indecent photograph of a child ( CJA 1988, s 160) the possession of prohibited images of children ( CJA 2009, s 62) This Practice Note concentrates chiefly on the offences arising under the PCA 1978. For information on the offence of possession of indecent images of children under CJA 1988, see Practice Note: Possession of indecent photographs of a child and...
This Practice Note provides the introduction to the Incoterms® 2020 rules, reproduced here with the permission of ICC Publishing SA. The Incoterms® 2020 rules, together with other ICC titles, can be obtained from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn, London, WC1V 7QH, United Kingdom, as well as via www.iccwbo.org. Taking effect on 1 January 2020, the Incoterms® 2020 rules superseded the Incoterms® 2010 rules to mirror developments in the marketplace over the past ten years. For an overview of the Incoterms® 2010 rules, see Practice Note: Incoterms® 2010—introduction [ Archived]. Foreword By John W. H. Denton, AO, ICC Secretary General Expansion of the global economy has offered most companies unprecedented access to markets worldwide. As a consequence, goods are now traded in more jurisdictions, in larger volumes, in wider...
Article by article comparison of Incoterms® 2020 rules This Practice Note offers an article-by-article comparison of the Incoterms® 2020 rules, reproduced with permission from ICC Publishing SA. Other ICC works are obtainable from ICC Publishing SA, 33–43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1–3 Staple Inn, London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, updating the Incoterms® 2010 rules to reflect market shifts over the past decade. For an overview of Incoterms® 2010, applicable until that date, see Practice Note: Incoterms® 2010—introduction [ Archived]. This Practice Note presents an article-by-article analysis of the Incoterms® 2020 rules, with each article examined separately across all Incoterms. For a comparison table that considers all Incoterms® 2020 articles together, see: General obligations This table contrasts the seller’s general obligations under A1 General...
This Practice Note contains the guidance for the FAS Free Alongside Ship Incoterm within the Incoterms® 2020 rules, reproduced here with the permission of ICC Publishing SA. Incoterms® 2020 rules and other ICC publications can be obtained from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. Incoterms® 2020 took effect on 1 January 2020, updating the Incoterms® 2010 rules to reflect market changes over the preceding ten years. For the FAS Incoterm applicable until that date, see Practice Note: Incoterms® 2010 Rules— FAS Free alongside ship [ Archived]... Explanatory notes for users 1. Delivery and risk ‘ Free Alongside Ship’ indicates that the seller effects delivery to the buyer: when the goods are set alongside the vessel (eg on a quay or a barge) ...
DAP (insert named place of destination) Incoterms® 2020 This Practice Note sets out the guidance for the DAP Delivered at Place Incoterm within the Incoterms® 2020 rules, reproduced here with permission from ICC Publishing SA. Incoterms® 2020 and other ICC works are obtainable from ICC Publishing SA, 33–43 avenue du Président Wilson, 75116 Paris, France, and from ICC United Kingdom, 1st Floor, 1–3 Staple Inn, London, WC1V 7QH, United Kingdom, as well as www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to mirror market developments over the past decade. For the pre‑2020 DAP term, see Practice Note: Incoterms® 2010 Rules— DAP Delivered at place [ Archived]. Explanatory notes for users 1. Delivery and risk ‘ Delivered at Place’ signifies the seller completes delivery—and passes risk—to the buyer: when the goods are made available to the buyer on the...
ARCHIVED: This Practice Note is archived and is not maintained For the 2020 version of the rule, see: Incoterms® 2020 Rules— FAS Free alongside ship. ICC publications are reproduced with permission from ICC Publishing SA. They can be obtained from: ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom www.iccwbo.org Incoterms® 2010 were superseded by Incoterms® 2020 on 1 January 2020. For the FAS term effective from that date, consult Practice Note: Incoterms® 2020 Rules— FAS Free alongside ship. FAS (insert named port of shipment) Incoterms® 2010 Guidance note This rule applies exclusively to sea or inland waterway transport. Under ‘ Free Alongside Ship’, the seller delivers once the goods are positioned beside the vessel chosen by the buyer at the named port of shipment (e.g. on a quay or a...
ARCHIVED: This Practice Note is archived and not maintained. For the 2020 iteration of the rule, refer to: Incoterms® 2020 Rules— CIP Carriage and insurance paid to. ICC materials are reproduced here with permission from ICC Publishing SA. These and other ICC publications are available from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and www.iccwbo.org. With effect from 1 January 2020, Incoterms® 2020 rules superseded the Incoterms® 2010 rules. For the CIP term in force from 1 January 2020, see Practice Note: Incoterms® 2020 Rules— CIP Carriage and insurance paid to. CIP (insert named place of destination) Incoterms® 2010 Guidance note This rule applies regardless of the transport mode chosen and may equally be adopted when multiple modes of transport are used. Under ‘ Carriage and...
FOB (insert named port of shipment) Incoterms® 2010 Guidance note ARCHIVED: This Practice Note has been archived and is no longer maintained. For the 2020 version of the rule, refer to: Incoterms® 2020 Rules— FOB Free on board. The ICC publications reproduced here appear with permission from ICC Publishing SA. They can be obtained from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. Incoterms® 2010 rules were replaced by Incoterms® 2020 rules with effect from 1 January 2020. For the FOB Incoterm applicable from 1 January 2020, see Practice Note: Incoterms® 2020 Rules— FOB Free on board. This rule is intended solely for sea or inland waterway transport. Under Free on Board, the seller places the goods on the vessel nominated by the buyer at the stated port of...
ARCHIVED : This Practice Note has been archived and is not maintained. For the 2020 version of the rule, see: Incoterms® 2020—introduction The ICC has authorised the use of its publications here via ICC Publishing SA. You can obtain these and other ICC titles from the following: ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom www.iccwbo.org From 1 January 2020, the Incoterms® 2010 rules were superseded by the Incoterms® 2020 rules. For details on the Incoterms® 2020 rules in force from 1 January 2020, see Practice Note: Incoterms® 2020— Introduction. Foreword By Rajat Gupta, ICC Chairman The expanding world economy now offers companies unprecedented reach into markets across the globe. Products are traded in more countries, at greater scale, and in wider ranges than ever. However, as...
This Practice Note sets out the guidance to the FCA Free Carrier Incoterm within the Incoterms® 2020 rules, reproduced here with permission from ICC Publishing SA. Incoterms® 2020 rules and other ICC publications are available from ICC Publishing SA, 33–43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1–3 Staple Inn, London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to reflect market developments over the last decade. For the FCA Incoterm that applied until then, see Practice Note: Incoterms® 2010 Rules— FCA Free Carrier [ Archived]. FCA (insert named place of delivery) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Free Carrier (named place)’ indicates that the seller provides the goods to the buyer in one of two ways: First, where the named place is the...
DPU (insert named place of destination) Incoterms® 2020 — Explanatory notes for users This Practice Note presents the guidance for the DPU ( Delivered at Place Unloaded) Incoterm under the Incoterms® 2020 rules, reproduced with the permission of ICC Publishing SA. Incoterms® 2020 and other ICC publications can be obtained from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1-3 Staple Inn, London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to reflect market developments over the past decade. For the corresponding DPU/ DAT term that applied up to that date, see Practice Note: Incoterms® 2010 Rules— DAT Delivered at terminal [ Archived]. 1. Delivery and risk ‘ Delivered at Place Unloaded’ signifies that the seller delivers—and transfers risk—to the buyer when the...
ARCHIVED: This Practice Note has been archived and is not maintained For the 2020 version of the rule, refer to Incoterms® 2020 Rules— DDP Delivered duty paid. The ICC publications are reproduced with permission from ICC Publishing SA. They are available from: ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom www.iccwbo.org Incoterms® 2010 rules were superseded by Incoterms® 2020 with effect from 1 January 2020. For the DDP Incoterm applying from 1 January 2020, see Practice Note: Incoterms® 2020 Rules— DDP Delivered duty paid. DDP (insert named place of destination) Incoterms® 2010 Guidance note This rule can be used regardless of the chosen mode of transport and also where multiple modes are involved. “ Delivered Duty Paid” indicates the seller has delivered when the goods are at the buyer’s...
ARCHIVED This Practice Note is archived and is not maintained. For the 2020 version of the rule, refer to: Incoterms® 2020 Rules— CFR Cost and freight. ICC publications are reproduced here with permission from ICC Publishing SA. These and other ICC publications are available from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and www.iccwbo.org. The Incoterms® 2010 rules were superseded by the Incoterms® 2020 rules with effect from 1 January 2020. For the CFR Incoterm in force from 1 January 2020, see Practice Note: Incoterms® 2020 Rules— CFR Cost and freight. CFR (insert named port of destination) Incoterms® 2010 Guidance note This rule is intended solely for sea or inland waterway transport. ‘ Cost and Freight’ signifies that the seller places the goods on board the vessel, or...
When a charity is created as a trust, the reality that its property, investments and contracts are held by the individual trustees in their own names means all such assets must be transferred or novated each and every time the trustee body’s composition changes from time to time (e.g. on death, retirement, or the appointment of a new trustee). A way to sidestep this is for the charity’s trustees to constitute themselves as a corporate body under Part 12 of the Charities Act 2011 ( CA 2011). This enables the charity’s property to be held by a permanent corporate trustee, while individual trustees are still appointed and removed in the ordinary manner, as is customary, and continue to manage the charity with the same powers and responsibilities as before, on the same basis. Trustee incorporation is available to every charity, including those exempt or...
What is a company? A company is a distinct legal person, separate from its owners. Members own it, while directors run it day to day. Its framework is set by the Companies Act 2006 ( CA 2006). As a business structure, it is widely adopted; more than 5 million companies are registered across the UK. The CA 2006 recognises several forms, including: Public or private companies limited by shares Private companies limited by guarantee (used chiefly by charities and other not-for-profit organisations—see Practice Note: Companies limited by guarantee) Unlimited companies (uncommon—see Practice Note: Unlimited companies) This Practice Note focuses on forming public or private companies limited by shares, as these are the predominant models. Why set up a company? A principal attraction of incorporation, compared with trading as a sole trader, a partnership or another vehicle, is the separate legal...
This Practice Note outlines the issues to address when incorporating business-to-consumer ( B2C) standard terms and conditions. It reviews the relevant common law principles, how terms are incorporated online, and the effect of the unfair terms provisions in the Consumer Rights Act 2015 ( CRA 2015) on producing enforceable terms. EU case law before and after Brexit This Practice Note cites a number of EU decisions interpreting Directive 93/13/ EEC ( OJ L 95/29), the EU Unfair Terms in Consumer Contracts Directive ( EU UTCCD), which the CRA 2015 re-implemented into UK law. Broadly, EU judgments issued on or before 31 December 2020 remain binding on UK courts and tribunals (even if the EU courts later depart) until UK courts choose to diverge. Accordingly, UK courts and tribunals must take into account any criteria provided by the Court of Justice when assessing fairness or...
Practice Note This Practice Note reviews how arbitration agreements are incorporated into contracts governed by English and Welsh law (using England and English as shorthand). Further materials on arbitration agreements appear on the right-hand side of the page, including Practice Note: Arbitration agreements—the in writing requirement. An oral understanding does not, however, strip a party of access to the courts, since either party may cancel the authority of the arbitrator appointed pursuant to such an arrangement. For an arbitration clause to have legal effect, it must be duly incorporated into the contract it concerns. Under section 6(2) of the Arbitration Act 1996 ( AA 1996), a reference in a contract to a written arbitration clause, or to another document that contains such a clause, will itself amount to an arbitration agreement where the reference is expressed in terms that make the clause part of the...
As from completion, an incoming landlord is: for an ‘old’ tenancy (ie usually granted before 1 January 1996): obliged to comply with all landlord covenants that have “reference to the subject matter” of the lease; and for a ‘new’ tenancy (ie generally granted on or after 1 January 1996): bound by all landlord covenants save for those that: did not bind the seller immediately before the assignment are stated to be personal to another person, or are unenforceable for want of registration under the Land Registration Act 2002 or the Land Charges Act 1972 An incoming landlord is not directly liable for breaches of landlord covenants occurring before completion. For old tenancies this position arises from case law. For new...
When someone dies, the personal representatives ( PRs) will typically compute and pay the inheritance tax ( IHT) due so they can secure the grant of probate and then proceed to properly administer the estate as required. They must also finalise the deceased’s tax position to the date of death, and any income tax and/or capital gains tax ( CGT) owed by the deceased can affect the exact amount of IHT payable in practice. See Practice Note: Finalising the deceased's tax affairs with HMRC. PRs must then make a separate account to HMRC for any income or gains arising in the administration period, handled distinctly from the pre-death position. The administration period starts on the date of death and finishes when the estate is wound up, or at minimum when the residuary estate is identified and capable of distribution or being held on trust as...
Income payments order ( IPO) Under section 310 of the Insolvency Act 1986 ( IA 1986), the court may order that a bankrupt’s income, in whole or in part, be paid to the appointed trustee in bankruptcy (the trustee). An IPO obliges the bankrupt, or a third party—most commonly the employer—to pay the trustee the sum specified in the order. The amount is determined individually, and payments generally run for three years; they cannot extend past that term. Either the trustee or the bankrupt may apply to the court to vary the order, whether before or after the bankrupt’s discharge. On appeal in Official Receiver v Baker, it was decided that income received after the bankruptcy order but before the IPO is made can still be brought within the IPO. An IPO can also continue after discharge. In Azuonye v Kent, the court...
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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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