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
The Immigration Act 2016 ( IA 2016) Royal Assent for the Immigration Act 2016 ( IA 2016) was granted on 12 May 2016. This Practice Note collates links to key materials concerning the Act. It signposts the IA 2016 text, Explanatory Notes and Home Office factsheets (as introduced with the Immigration Bill 2015–2016), together with commentary. The resources are organised according to the Act’s nine parts. Commencement Under IA 2016, s 94(1), provisions take effect on dates set by the Secretary of State by secondary legislation. Exceptions are IA 2016, s 94 (the commencement provision) and IA 2016, s 61(3)–(5) (under IA 2016, s 94(3)), which commenced on the day the Act was passed, and IA 2016, s 85, which, under IA 2016, s 94(4), commenced two months after the Act was passed, ie 12 July 2016. The following commencement regulations have been...
ARCHIVED: This Practice Note has been archived and is not maintained. The Lexis+® UK Immigration analysis of the Immigration Act 2014 distils the principal practical consequences of the Act, prepared carefully by eminent practitioners operating within the UK immigration field. It addresses the topics listed below, with links to selected......
ARCHIVED This Practice Note is archived and no longer updated, as it addressed the implementation of EU free movement law in the UK before IP completion day. On that date, the domestic measures giving effect to EU free movement were revoked, subject to specified savings and modifications. For more detail, including the applicable savings and the approach to CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. It is preserved in archived form for historical interest, since EU law as formerly applied in the UK can still be pertinent in some limited contexts. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the text immediately before revocation, consult Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives ( EU...
A tracked version outlining the changes to the Standard Commercial Property Conditions ( Third Edition—2018 Revision) ( SCPC) in Precedent: Contract for sale—freehold subject to leases can be accessed via the following link: The......
CASE HUB ARCHIVED This archive captures the position as at the date of the decision and is no longer maintained. NOTE Appeals were lodged before the General Court in Cases T-755/21, T-23/22, T-5/23 and T-591/23. See the timeline, commentary and related/relevant cases for further details. Case facts Outline European Commission inquiry into whether, amongst other matters, Illumina’s completion of its acquisition of GRAIL while the Commission’s in-depth review of the notified deal was still underway breached the standstill obligation under Article 7 EUMR ( M.10493). Latest development On 6 September 2024, the Commission announced the withdrawal of its decisions in M.10493, M.10483, M.10938 and M.10939, following the Court of Justice’s judgment in Case C-611/22. Parties Illumina, Inc. ( Illumina): Illumina is a global genomics business, incorporated and headquartered in the US, which primarily develops, manufactures and commercialises next-generation sequencing ( NGS) systems for genetic and genomic analysis. GRAIL, Inc. (...
CASE HUB See further, timeline. Case facts Outline Appeals contesting the General Court’s judgment in Case T‑227/21, which rejected an action seeking annulment of the Commission’s decisions of 19 April 2021 to accept a referral request under Article 22 EUMR concerning Illumina, Inc.’s acquisition of GRAIL, Inc. ( M.10188). Outcome On 21 March 2024, Advocate General Emilious delivered an opinion advising the Court of Justice to set aside the General Court’s judgment and annul the Commission’s acceptance of requests by France and five other Member States for referral, under Article 22 EUMR, of Illumina, Inc.’s proposed acquisition of GRAIL, Inc. He considers that Member States cannot request the Commission to review a concentration lacking a Community dimension, even where they have no power to assess such a concentration under national law. Parties Applicants: Illumina, Inc. ( Illumina) Applicants: GRAIL, In ( GRAIL) Defendant: European...
THIS PRACTICE NOTE APPLIES TO REGISTERED OCCUPATIONAL PENSION SCHEMES The scheme rules Within trust-based occupational pension schemes, provisions for ill-health early retirement usually place decision-making responsibility with the trustees, the sponsoring employer, or both acting together. The precise role can differ from scheme to scheme, and the language used may require careful interpretation to apply correctly. In some schemes, the role is confined to determining whether the ill-health test set out in the rules is met. In others, there is a discretionary element in deciding whether to grant an ill-health pension to a member. Because definitions and scope vary, uncertainties may arise when construing these provisions. For further information, see Practice Note: Ill-health early retirement— Interpreting the scheme rules. The identified decision maker must evaluate every application on a case-by-case basis, taking into account the specific facts...
Scope of this Practice Note There is no stand-alone civil cause of action labelled ‘illegality’. Nonetheless, questions of illegality may surface within civil proceedings, most often as a defence advanced to resist a claim. a breach of contract action may attract a defence that the contract’s creation or its performance is, or would be, unlawful likewise, a restitutionary claim may face a defence founded on the asserted illegality of the underlying transaction At common law, a useful early touchstone is the maxim ‘ex turpi causa non oritur action’: no right of action arises from illegal or grossly immoral acts. Thus, where the claimant’s own conduct is in some respect illegal or immoral, the point arises as considered by Lord Mansfield in Holman v Johnson: if, on the claimant’s own case or otherwise, the cause of action is shown to spring from an ex turpi cause, or from a...
Overview of the illegality ground Illegality stands as the first ground of judicial review identified by Lord Diplock in his well-known analysis in Council of Civil Service Unions v Minister for the Civil Service. He described three categories for controlling administrative action by judicial review, the initial category being “illegality”, by which he meant that a decision-maker must correctly apprehend the law governing the scope of his power and act in conformity with it. A challenge on the illegality ground alleges that a public law decision-maker has acted unlawfully by exceeding its powers, or by misunderstanding them, or by otherwise misusing them. Lord Diplock’s term ‘illegality’ is helpful as a label for this ground because such a claim essentially maintains that a decision is unlawful for want of a proper legal foundation, or because its legal basis is inadequate or defective, or is in some other way...
This Practice Note reviews the UK prudential framework for investment firms, called the Investment Firms Prudential Regime ( IFPR). It summarises the origins and evolution of the IFPR, together with the rules introduced by the Financial Conduct Authority ( FCA) to put the regime into effect. Background and introduction to the IFPR On 20 December 2017, the European Commission unveiled plans to overhaul the EU prudential regime for investment firms, aiming to deliver a framework that is more proportionate and sensitive to risk. Under the new EU measures—now set out in the Investment Firms Regulation ( EU) 2019/2033 ( IFR) and the Investment Firms Directive ( EU) 2019/2034 ( IFD)—most EU investment firms follow new, simpler prudential requirements, while large, systemic firms undertaking bank-like activities and posing risks akin to banks are regulated and supervised as banks. For more on the IFR and IFD, see...
This Practice Note outlines how to identify documents relevant to the issues in dispute that may need to be disclosed under CPR Part 31, and provides guidance on interpreting and applying the pertinent CPR provisions. Depending on the court, additional provisions may apply—see Court specific guidance below. Initial stages On receipt of instructions, ask the client about, and review, the entire universe of documents within their control. Also enquire how the client manages and stores information, with particular focus on electronic material. For background on electronic documents, see Practice Note: Electronic disclosure— CPR Practice Direction 31B— Guidance on scope of e-disclosure. The client may not know or wish to engage at that point, but it is prudent to persevere so that any later disclosure exercise is manageable. See Practice Notes: Disclosure—solicitors' obligations and Disclosure: parties duties. This enables you to isolate potential issues around...
This practice note applies to defined benefit occupational pension schemes The importance of identifying a scheme’s statutory employer(s) A fundamental element of the law governing occupational pension schemes, particularly defined benefit ( DB) schemes, is that the main burden of supporting the scheme lies with its sponsoring employers, as a matter of law alone indeed. An employer might have exited the scheme previously without settling all liabilities owed to it; in such circumstances they may still be a ‘statutory employer’ even though they no longer participate. They may therefore continue to bear obligations in relation to the scheme. Under the registered pension scheme regime, various specific obligations fall upon those who qualify as ‘statutory employers’, a notion carried over from the earlier tax-exempt approval regime in force before A-day (for further information on the pre A-day regime, see The pre A-day pensions tax regime [...
The National Health Service ( NHS) in England and Wales operates as a publicly funded system. Provision is overseen by the Department of Health and Social Care ( DHSC), with central taxation and National Insurance financing the service. Healthcare is provided without charge to people living in England and Wales. Limited fees apply in areas considered less politically sensitive, including dental treatment and optical services. The National Health Service Act 2006 ( NHSA 2006) brings together earlier statutes governing the NHS and healthcare delivery. Historical reorganisation of the NHS NHS England heads the NHS in England. It determines priorities and strategic direction, allocates billions of pounds, and holds bodies to account for how money is used for patients and the taxpayer. Following the transfer of the National Patient Safety Agency ( NPSA) functions, NHS England also has a duty to safeguard and advance...
This Practice Note offers guidance on identifying the appropriate defendant in disease claims. It addresses the distinction between divisible and indivisible harm, and gives practical direction on obtaining the documents required to pinpoint the correct defendant and on tracing an insurer who is difficult to find. Initial considerations Typically, a new client approaches the claimant practitioner with a recent diagnosis of illness or disease, potentially arising from historical workplace exposure. It is common for the client to already have a diagnosis, and the first step is to establish exactly what that diagnosis is and how it might relate to occupational exposure. For example, where a client reports hearing loss, the practitioner will look for audiograms and possibly other medical records showing sensorineural impairment with a pattern indicative of noise-induced loss. Identifying potential defendants If there appears to be a link between the condition and work or the...
This Practice Note outlines the principal provisions of the Financial Conduct Authority’s ( FCA) Insurance: Conduct of Business sourcebook ( ICOBS) concerning advice and product information, with particular emphasis on ICOBS 5 and ICOBS 6... Implementation of the Insurance: Conduct of Business sourcebook ( ICOBS) On 6 January 2008, the FCA’s predecessor, the Financial Services Authority ( FSA), brought ICOBS into effect, replacing the former Insurance: Conduct of Business sourcebook ( ICOB). The major development was a shift from detailed, prescriptive rules to a more principles-led, outcomes-focused approach to supervising firms. Consequently, existing ICOB requirements were simplified where the FSA judged that specific consumer protection was not essential. ICOBS has been updated on a number of occasions, most significantly to implement the Insurance Distribution Directive ( Directive ( EU) 2016/97) ( IDD), which was transposed into UK law on 1 October 2018. Although the UK has since...
October 2022 saw the Information Commissioner’s Office ( ICO) unveil ICO25, a three-year strategy running to October 2025, intended to drive openness and, in turn, bolster legal and regulatory clarity for organisations, especially those with a commercial stake in processing personal data and innovating in this field. This Practice Note offers a pragmatic digest of that mission, and sets out how advisers can support those they counsel to plan and prepare, based on what is currently known about forthcoming themes. It highlights practical steps professionals can take to align plans with the anticipated direction of travel during the period. It assumes readers are conversant with all facets of data protection law, including the regulator’s role and the scope of the supervisory authority too. Those less familiar may wish to begin with Practice Note: The Information Commissioner’s Office ( ICO). The UK data protection law...
ARCHIVED: This archived Practice Note monitors key consultations undertaken by the Information Commissioner’s Office ( ICO) during 2024. All information is accurate up to and including 31 December 2024. The tracker is no longer maintained and is provided strictly for background information purposes only. For details of ICO consultations from 1 January 2025 onwards, please see Practice Note: ICO consultations tracker 2025 [ Archived]. This Information Law consultations tracker sets out the current status and the most recent developments in significant ICO consultations running from 1 January 2024. The ICO, from time to time, invites feedback on matters such as the effectiveness and clarity of draft guidance it is due to publish, relating to the legislation it oversees, including the United Kingdom General Data Protection Regulation, Retained Regulation ( EU) 2016/679 ( UK GDPR). Other legislation falling within the ICO’s remit includes the...
ARCHIVED: This archived Practice Note tracks key consultations conducted by the Information Commissioner’s Office ( ICO) in 2023. This archived Practice Note records significant consultations undertaken by the Information Commissioner’s Office ( ICO) during 2023. Information is accurate as at 31 December 2023. The tracker is no longer updated and is provided for background only. For consultations from 1 January 2024, see Practice Note: ICO consultations tracker 2024. This Information Law consultations tracker outlines the current status and latest developments in key ICO consultations commencing on or after 1 January 2023. The ICO periodically consults on matters such as the effectiveness and clarity of draft guidance it intends to publish under legislation within its remit, including the United Kingdom General Data Protection Regulation, Retained Regulation ( EU) 2016/679 ( UK GDPR). Other legislation within the ICO’s scope includes: Data Protection Act 2018 ( DPA 2018) ...
This Practice Note provides a review of the 2013 versions of the IChem E Yellow Book (4th Edition) and Brown Book (3rd Edition) sub-contract forms. They are designed to accompany the trio of comparable IChem E main contract forms—the Red, Green and Burgundy Books—used on process plant projects. For the main contracts, refer to the following relevant Practice Notes: IChem E Conditions 5th Edition—‘ Red Book’ IChem E Conditions ‘ Green Book’ 4th Edition IChem E Conditions ‘ Burgundy Book’ 2nd Edition Respectively, the Yellow Book addresses civil engineering works, while the Brown Book deals with ‘subcontract plant’ supplied by a sub-contractor. A full specification of the sub-contract works ought to be included in Schedule 1 of both the Yellow and Brown Books themselves. Nature of sub-contracting The sub-contract works form a subset of the main contract works (and any sub-contract plant may constitute an element of the main...
The Institute of Chemical Engineers ( IChem E) first issued the Model Form of Conditions of Contract for Process Plants for Lump Sum Contracts in the UK in 1968. Subsequent editions followed in 1981, 1995 and 2001. This Practice Note examines the 2013 fifth edition for lump sum arrangements. It revises the 2001 text to reflect current legislation and brings in other targeted alterations. IChem E’s comprehensive clauses on tests on completion and on commissioning mean it is particularly apt for process plant schemes. It is commonly adopted on projects falling outside the statutory definition of ‘construction operations’ under the HGCRA, such as nuclear processing, power generation, water treatment, and the processing of petrochemicals, steel, food and drink. Nonetheless, IChem E’s payment regime fully meets the HGCRA. The contract set comprises general and special conditions, a specification (the plant’s technical...
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
