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
EPCM ‘ Blue Book’ ( IChem E, March 2023) This Practice Note reviews the engineering, procurement and construction management ( EPCM) form of contract, commonly termed the ‘ Blue Book’, released by the Institute of Chemical Engineers ( IChem E) in March 2023. Construction management is now a widely recognised procurement route; nevertheless, it differs fundamentally from other IChem E contracts, particularly when set against the EPC approach to allocating risk... Where many other contracts prioritise delivery by a single contractor who assumes significant design and construction risk, EPCM dispenses with any sole ‘contractor’ undertaking the works. Instead, trade contractors (the ‘ Contractors’) contract directly with the Purchaser under Works Contracts to design, supply and install goods and materials for the Plant. Their activities are directed by the EPCM contractor (the ‘ EPCMC’), and performance risk is distributed across multiple...
This practice note addresses the 2nd Edition of the Burgundy Book, released in 2013, with particular emphasis on its role as a target cost form. In line with all IChem E agreements, the Burgundy Book contains thorough requirements for testing at completion and for commissioning, making it especially well suited to process engineering sectors such as nuclear, water, petrochemicals, and food. The suite adopts an almost entirely uniform structure across clauses, presentation and schedules. Departure from the standard drafting occurs only where needed to set out the mechanism delivering the risk/reward regime—in this instance, remuneration on a target cost footing. See also Practice Notes: IChem E Conditions 5th Edition—‘ Red Book’ and IChem E Conditions ‘ Green Book’ 4th Edition. Nature of Target Cost Contracts Target cost denotes that the contractor receives payment of the ‘actual cost’ it incurs (as defined), akin to a...
Following the 1968 publication of the Conditions of Contract for Process Plants for Lump Sum Contracts, the Institute of Chemical Engineers ( IChem E) introduced in 1976 a reimbursable contract form titled the ' Green Book'. The second and third editions of the Green Book were issued in 1992 and 2001 respectively. This Practice Note considers the 2013 (4th Edition) Green Book, concentrating on the nature of cost reimbursable contracts. As with other IChem E agreements, the Green Book sets out detailed provisions for testing at completion and for commissioning, making it well suited to process engineering fields including nuclear, water, petrochemicals, steel and food. The Green Book adopts an almost identical format to the Red Book in respect of clauses, layout and schedules. Its drafting is likewise very close, departing from the Red Book text only so far as required to reflect the...
CASE HUB ARCHIVED This archived case hub captures the position as at the judgment dated 9 October 2014 and is no longer updated. For further detail, see: timeline, commentary and related/relevant cases Case facts Outline Appeal lodged by Chimiques du Fluor ( ICF) challenging the General Court’s ruling which rejected ICF’s action to annul the Commission decision of 25 June 2008 imposing a fine on ICF for its role in a worldwide cartel for the supply of aluminium fluoride (‘ Aluminium fluoride cartel’). On 9 October 2014, the Court of Justice dismissed ICF’s appeal in its entirety and ordered ICF to bear the costs. In line with several recent reviews, this matter addresses adjudication within a reasonable time, in particular whether any breach of that obligation confers rights in respect of the impugned decision and/or the amount of the...
NOTE—to check whether notification thresholds in Iceland and across the world are met, see: Where to Notify. 1. Have there been any recent developments regarding the Icelandic merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Iceland? There have been no recent changes to Iceland’s merger control regime. Nevertheless, in September 2025 the central government signalled its intention to revise the merger provisions of the Competition Act, No 44/2005. A draft bill was released for public consultation. Following stakeholder feedback, the Ministry is reviewing the proposal, and no final bill has yet been introduced in Parliament. It is anticipated that a bill will be brought forward during the current government’s term. Based on the original draft, the envisaged amendments include: Higher turnover thresholds with annual, index-linked increases ...
This table sets out all concluded inquiries by Iceland’s competition authority (the Competition Authority) into suspected cartels, restrictive agreements and abuses of dominance ( Articles 101/102 TFEU and national counterparts) since 2018. Note—only matters that have entered the public domain are contained in this table. 2023 Investigations under Article 101 TFEU/ Chapter 4, Article 10 of Competition Law 44/2005 Case title, firms examined and sector Logistics: Samskip; Eimskip Allegations Collusion Outcome Infringement decision issued—01/09/2023; fines totalling ISK 4.2bn imposed Investigations under Article 102 TFEU/ Chapter 4, Article 11 of Competition Law 44/2005 The Competition Authority made no decisions under Article 102/ Article 11 in 2023. 2022 Investigations under Article 101 TFEU/ Chapter 4, Article......
Practice Note This Practice Note examines a procedure that contracting parties may choose to adopt for resolving disputes under a construction contract, regardless of whether the HGCRA 1996 applies. A dispute board comprises a panel appointed to help resolve disagreements arising from the contract. See Practice Note: Dispute boards—what are they and what are their advantages and disadvantages?. The intention is to secure prompt outcomes without resorting to court proceedings or arbitration. Various organisations issue rules for dispute boards, and some forms, including FIDIC, call for disputes to be determined by such a board (see Practice Notes: FIDIC contracts 2017— Dispute Avoidance/ Adjudication Boards and FIDIC contracts (pre-2017 editions)—dispute adjudication boards). The Institution of Civil Engineers ( ICE) provides several dispute resolution services and publishes standard procedures for handling disputes, including one such procedure. It prescribes rules on appointing a board, making a...
This Practice Note reviews evidential issues under the International Centre for Dispute Resolution ( ICDR) International Dispute Resolution Procedures ( Including Mediation and Arbitration Rules) (the International Rules), as revised with effect from 1 March 2021. It covers mediation and arbitration within those procedures in detail. For an overview of the International Rules, covering initiation of ICDR arbitrations and replies to claims, consult Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For commentary on arbitrations conducted under earlier versions of the International Rules, see: ICDR arbitration—overview. For material on the American Arbitration Association® ( AAA), refer to: AAA arbitration—overview. Powers of the tribunal in relation to evidence The tribunal’s core obligation is to secure equal treatment of the parties, safeguard each side’s right to be heard, and provide a fair chance to present its case ( ICDR, art...
This Practice Note examines how costs and security for costs are addressed under the International Centre for Dispute Resolution ( ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), amended and effective 1 March 2021. For an introduction to the International Rules, covering how to start and formally answer ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier iterations of the International Rules, see: ICDR arbitration—overview. For information on the American Arbitration Association® ( AAA), see: AAA arbitration—overview. Administrative/institutional fees Under the International Rules, each party bringing claims or counterclaims must elect between two fee arrangements: the Standard Fee Schedule and the Flexible Fee Schedule. The Flexible Fee Schedule is available only for claims above US$150,000. The Standard Fee Schedule has two payment triggers; the Flexible Fee...
Origins of the ICDR The International Centre for Dispute Resolution ( ICDR) was formed in 1996 as the arm of the American Arbitration Association® ( AAA). Recognised as the pre-eminent domestic arbitration body in the US, the AAA created the ICDR as a distinct division to oversee arbitration matters and deliver its global alternative dispute resolution ( ADR) offerings. The ICDR’s principal base is in New York; however, it maintains offices across the United States of America, with full-case administration centres in Singapore and Canada. Administration and application of the ICDR International Rules The ICDR conducts arbitrations under its International Dispute Resolution Procedures (covering Mediation and Arbitration Rules) (the International Rules), as revised and taking effect from 1 March 2021. It also continues to administer matters under earlier versions of the International Rules (including the 2014 iteration), for which guidance is available at: ICDR...
This Practice Note explores the function and operation of the arbitral tribunal under the International Dispute Resolution Procedures ( Including Mediation and Arbitration Rules) (the International Rules), as revised and in force from 1 March 2021. In particular, it offers practical guidance on constituting the tribunal, contesting arbitrators, and the scope of tribunal authority under the International Rules. For an overview of the International Rules, and details on initiating and answering ICDR arbitration proceedings in practice, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrations under earlier versions of the International Rules, see: ICDR arbitration—overview. For further information on the American Arbitration Association® ( AAA), see: AAA arbitration—overview. Appointment of arbitrators The parties may, by agreement, adopt any method for appointing arbitrators and promptly notify the ICDR (ie the Administrator) of that method ( ICDR, art 13(1)). If...
This Practice Note examines interim and emergency relief available from tribunals under the International Centre for Dispute Resolution ( ICDR) International Dispute Resolution Procedures (including the Mediation and Arbitration Rules) (the International Rules), as revised with effect from 1 March 2021. For a primer on the International Rules, covering commencement of and responses to ICDR arbitration, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For direction on arbitrating under earlier versions of the International Rules, see: ICDR arbitration—overview. For material on the American Arbitration Association® ( AAA), see: AAA arbitration—overview. The availability of interim relief—post-constitution of the tribunal Once the arbitral tribunal is in place, the International Rules empower it to grant interim measures, such as injunctive orders with steps to safeguard or preserve assets ( ICDR, art 27). Under ICDR, art 27(3) of the...
The International Chamber of Commerce ( ICC) has created widely used rules and guidance to govern letters of credit and related practice. The principal publications for commercial letters of credit are: the Uniform Customs and Practice ( UCP) for Documentary Credits, which incorporates the Supplement to UCP for Electronic Presentation (the e UCP) the International Standard Banking Practice for the Examination of Documents under Documentary Credits These works set out the general framework for documentary credits. For more information on commercial letters of credit in general, please see Practice Notes: Characteristics of commercial letters of credit Types of commercial letters of credit Commercial letters of credit—structure and parties The nature of the Uniform Customs and Practice for Documentary Credits The UCP comprises standard terms and conditions that parties may choose to incorporate into a letter of credit, by agreement between the parties...
The Infrastructure Conditions of Contract ( ICC) for Civil Engineering Works began life in 1945 as the ICE Conditions of Contract. After a series of revisions, a substantial overhaul arrived in 2014 with the publication of a new ‘ With Quantities Version’ (see Practice Note: ICC With Quantities Version 2014). In June 2018, two further ICC forms were issued—the Target Cost ( TC) Version and the Design and Construct Version (see Practice Note: ICC Design and Construct Version 2018). This Practice Note offers guidance on the ICC TC Version 2018. Back in 2011, the Association for Consultancy and Engineering released the first TC Version, derived from the ICE Conditions of Contract 7th edition and tailored for target cost application. The 2018 TC Version is a full rewrite, aligning with the structure and drafting approach of the 2014 Without Quantities Version....
This Practice Note reviews the Dispute Board Rules (‘2015 Rules’) issued by the International Chamber of Commerce (‘ ICC’), which took effect on 1 October 2015 and superseded the 2004 Rules (‘2004 Rules’). The 2015 Rules can be accessed via the ICC website. Approach of the rules The 2015 Rules set out a thorough framework covering nearly all matters that may emerge from the moment parties seek to establish a Disputes Board (‘ DB’) through to the conclusion of its mandate. A DB’s primary role is to help parties avert disputes, whether by prompting them to do so themselves or by giving informal support. The 2015 Rules were introduced following a three-year update led by the ICC Commission on Arbitration and ADR (‘ Centre’), begun in 2012, drawing wide contributions from the international dispute board community, including the International Federation of Consulting Engineers and members of other...
The Infrastructure Conditions of Contract ( ICC) governing civil engineering projects began life in 1945 as the ICE Conditions of Contract. After successive updates over many years, a significant overhaul arrived in 2014 with the release of a new ‘ With Quantities Version’. June 2018 introduced two further standard ICC forms—the Design and Construct ( D& C) Version and the Target Cost Version (see Practice Note: ICC Target Cost Version 2018). This Practice Note offers specific guidance on the ICC D& C Version 2018. Do not confuse the 2018 D& C Version with the 2011 D& C Version, despite their identical covers. The latter was, in essence, simply a reprint of the ICE Design and Construct Contract 2001. By contrast, the 2018 edition is wholly distinct, developed from the 2014 With Quantities Version (see Practice Note: ICC With Quantities Version 2014) and...
This Practice Note sets out the key features of the Infrastructure Conditions of Contract ( ICC) Measurement Version 2011. Previously known as the ICE ( Institution of Civil Engineers) Conditions of Contract, the ICC Measurement Version 2011 continues a line begun in 1945, when the ICE first issued these terms, later updating them through seven editions to 1999. In August 2011, the ICE stepped back from the ICE Conditions; the suite was rebranded as the ICC and issued by the Association for Consultancy and Engineering with the Civil Engineering Contractors Association, who had published the ICE conditions. ICC contracts are intended for civil engineering projects, including tunnelling, dredging, harbour works, road and bridge construction, and airport runway schemes......
ARCHIVED : This Practice Note is archived and is no longer maintained. CORONAVIRUS ( COVID-19): Numerous arbitral organisations have reacted to the coronavirus pandemic by issuing practical guidance and by adjusting their standard procedures and working methods. For details on how this content and related arbitration proceedings may be affected, see Practice Note: Arbitral organisations and coronavirus ( COVID-19)—practical impact [ Archived] [ Archived]. For further information, see: Coronavirus ( COVID-19) and arbitration—overview. This Practice Note examines the expedited procedure contained in the International Chamber of Commerce ( ICC) Rules of Arbitration effective from 1 March 2017 (2017 ICC Rules). The introduction of an expedited process was the most notable change brought by the 2017 ICC Rules and aligned the ICC’s Rules with other arbitral institutions, such as the Singapore International Arbitration Centre and the Arbitration Institute of the Stockholm Chamber of Commerce, which offer...
ARCHIVED This Practice Note is archived and no longer maintained. CORONAVIRUS ( COVID-19) Many arbitral organisations have reacted to the coronavirus pandemic with practical guidance and/or adjustments to their standard procedures and working methods. For details on how this material and any related arbitration proceedings may be affected, see Practice Note: Arbitral organisations and coronavirus ( COVID-19)—practical impact [ Archived] [ Archived]. For further background, see: Coronavirus ( COVID-19) and arbitration—overview. Such measures cover guidance and changes to usual procedures and ways of working. This Practice Note examines issues arising in multi-party and/or multi-contract arbitrations under the 2017 International Chamber of Commerce ( ICC) Rules of Arbitration (2017 ICC Rules). It also points to the ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration ( ICC Note) for guidance. The 2017 ICC Rules apply to ICC...
ARCHIVED : This Practice Note is archived and not maintained. CORONAVIRUS ( COVID-19): Numerous arbitral organisations have reacted to the coronavirus pandemic by issuing practical guidance and/or adjusting their usual procedures and ways of working. For details on how this content and related arbitration proceedings may be affected, see Practice Note: Arbitral organisations and coronavirus ( COVID-19)—practical impact [ Archived] [ Archived]. For further information, see: Coronavirus ( COVID-19) and arbitration—overview. This Practice Note examines the ICC Terms of Reference ( TOR) under the 2017 International Chamber of Commerce ( ICC) Rules of Arbitration (2017 ICC Rules). It also points to the guidance in the ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration ( ICC Note). Unless stated otherwise, references here to articles and appendices of the ICC Arbitration Rules are to the 2017 ICC Rules. The 2017 ICC...
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
