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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 coronavirus ( COVID-19) pandemic marked a profound shift in how many of us do our jobs, overturning long‑standing routines. This note concentrates on hybrid working—flexibility over where work happens—while, unavoidably, also brushing against flexible working, which concerns when we work. An historical context At first, most people laboured at or near home—on the land, in small home-based manufacture, and in local services. The industrial revolution—bringing factories and large-scale farming—meant people had to travel to a workplace so they could collaborate on the same machinery or tend shared fields, flocks and herds. Meanwhile, as printing and related technologies spread, commerce triggered an explosion in document production. People in document-centred roles—for example, lawyers and accountants—needed to be where the papers were stored to avoid generating multiple copies of everything. One driver for the rise of the modern office was to house—and work on—that...
Hurricane Energy PLC sought approval for a Part 26A restructuring plan ( RP), put to the court at a convening hearing in May 2021 and a sanction hearing in June 2021. The court, however, declined to sanction the RP. Highlights are set out below (capitalised expressions not otherwise defined adopt meanings in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For a review of metrics from RPs lodged in 2023 and insights from figures in the restructuring community, consult Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]......
1. What is the applicable legislation? The rules governing oversight of foreign direct investment in Hungary derive from Act LVII of 2018 on the Supervision of Foreign Investments Violating the National Security Interests of Hungary (the 2018 Act) together with its implementing measure, Government Decree 246/2018 ( XII.17) (the 2018 Governmental Decree), which has applied since 1 January 2019. In addition, Hungary applies FDI control pursuant to Act L of 2025, which elevates the emergency decrees adopted in response to the armed conflict in Ukraine to the rank of an act (the 2025 Act). This FDI framework was first introduced as a temporary shield for Hungarian undertakings during the COVID-19 period and was set out in a series of government decrees; it nevertheless continues to apply, presently through to 31 December 2026, and is now governed by the 2025 Act. At the moment, the two FDI...
The matters to be decided within the welfare remit of the Court of Protection are frequently highly intimate, and commonly entail either the court endorsing the use of state authority, or exercising that authority itself, over an individual—such as by imposing limits on contact between the protected person ( P) and their relatives. It is therefore no surprise that human rights run through every facet of the court’s decision-making... The Human Rights Act 1998 and the European Convention on Human Rights The European Convention on Human Rights ( ECHR) was brought into domestic law by the Human Rights Act 1998 ( HRA 1998), which renders it unlawful for any public authority to act in a way that violates a person’s human rights. This binds all local authorities and National Health Service ( NHS) bodies, as well as the courts themselves. The Court of...
This Practice Note contains guidance on assessing the risk of your organisation causing or contributing to an adverse human rights impact Human rights due diligence and risk assessment are not presently mandated by UK law; however, they remain a core element of the corporate responsibility to respect human rights under the UN Guiding Principles on Business and Human Rights ( UNGPs). Adopting these practices is also sound business sense, helping to safeguard an organisation against operational and reputational risks linked to causing or contributing to adverse human rights impacts. In addition, particular facets of the responsibility to respect human rights may already be required by domestic legislation, such as health and safety, non-discrimination, or environmental laws. The EU Corporate Sustainability Due Diligence Directive, Directive ( EU) 2024/1760 ( CSDDD), further introduces compulsory human rights and environmental due diligence obligations for the largest...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements launched on or after that date must proceed under PA 2023, while those initiated under earlier regimes must continue to be run and managed under those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has also refreshed its standard contract document suites, templates and guidance for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These updated materials were released to coincide with the PA 2023 ‘go‑live’ on 24 February 2025. This Practice Note will be updated shortly to reflect these changes. In the meantime, see: News Analysis: Procurement Act 2023 ‘go live’—what happens next? Government model contracts updated for...
These illustrations were created by Dr Manuel Anderson, Consultant General Physician and Fellow of the Royal Society of Arts, together with Gillian Lee, Medical Illustrator. Anatomy diagram This study draws on Myron’s sculpture ( Greek, around 460–450 BC). The musculature has been intentionally accentuated so it reads more plainly than in the original piece. The illustration also serves to clarify limb movement: both arms are in abduction. The right arm is additionally positioned in extension at the shoulder, while the left shows a gentle flexion at the elbow. The fingers of the right hand are curled over the discus, gripping its rim for a firm purchase......
Securing compliance with Part I of the Health and Safety at Work etc Act 1974 ( HSWA 1974) is frequently achieved by serving statutory Improvement Notices and Prohibition Notices. Inspectors appointed under HSWA 1974, s 19(1), may issue such notices. This is one of several tools available to enforcing authorities (as defined in HSWA 1974, ss 18(7)(a) and 53(1)), with other responses ranging from informal guidance to prosecution. See Practice Note: Powers of health and safety inspectors under the Health and Safety at Work etc. Act 1974. This Practice Note outlines the key features of Improvement Notices and Prohibition Notices, the consequences they entail and the ways they can be challenged. The main features of Improvement Notices Improvement Notices are addressed in HSWA 1974, s 21. An Improvement Notice requires the addressee to remedy a breach of the ‘relevant statutory...
This Practice Note explains the prosecutions policy of the Health and Safety Executive ( HSE) in England, Wales and Scotland. In England and Wales, HSE may bring criminal proceedings for breaches of health and safety law; it determines whether a case should be taken and brings prosecutions before the criminal courts. While the same policy governs Scotland, charging decisions rest with the Crown Office and Procurator Fiscal Service ( COPFS), with HSE submitting recommendations to COPFS in accordance with the enforcement approach set out in this Practice Note. For guidance on enforcement of health and safety contraventions in Scotland, see Practice Notes: Health and safety investigations in Scotland and Prosecution process for health and safety cases in Scotland. For further material on duties created by health and safety law, methods of enforcement, prosecution of contraventions, and potential sentences on conviction, consult the Health and safety...
What is ? HS2 is the high-speed rail scheme first envisaged to stretch from London to Birmingham and further to Manchester and Leeds. The government hopes it will strengthen the transport network and stimulate the economy, though there has been debate over the precise route and its impact on neighbouring landowners. Some sections have been cancelled, so the line is now set to terminate at Birmingham. HS2 was to be delivered in two main phases: Phase 1 linking London with the West Midlands, including a new station at Birmingham Curzon Street ( Phase 1) Phase 2 connecting the West Midlands with Manchester. This was originally split into two parts: to Crewe ( Phase 2a), and from Crewe to Manchester and from the West Midlands to Leeds ( Phase 2b) In November 2021, under the Integrated Rail Plan, the government confirmed the new line from Crewe to...
Applications to the Court of Protection Proceedings in the Court of Protection (the court) are regulated by the Court of Protection Rules 2017 ( COPR 2017) with the Court of Protection Practice Directions, rather than the Civil Procedure Rules 1998 and accompanying practice directions. When issuing an application to the court, locate the relevant provisions in COPR 2017 and the applicable practice direction(s). Applications should be lodged on the correct Court of Protection forms, as outlined in detail below. This Practice Note covers most applications to the Court of Protection. Identify any relevant practice directions before proceeding, and ensure the correct forms are used throughout as necessary. That said, a separate route applies where the request is to appoint a deputy for property and financial affairs. From January 2023, an upfront notification pathway became the standard approach for all property and affairs...
After a suspect is detained and questioned under caution at a police station, the police may decide immediately, there and then, to charge them with an offence. Section 38 of the Police and Criminal Evidence Act 1984 ( PACE 1984) allows bail to be refused once a suspect has been charged, provided specified grounds apply. If bail is not granted, the suspect will be kept in police custody and brought before the local magistrates’ court as soon as is practicable, and in any event no later than the first court sitting after they have been charged. For information about when bail can be denied, see Practice Note: Police bail— Post-charge bail. It is therefore vital for legal representatives to make submissions to the custody officer, who makes the decision on post-charge police bail at the police station. This Practice Note outlines how to...
As a rule, US policy strongly favours recognising and enforcing arbitral awards. That pro-enforcement approach also embraces awards under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (the New York Convention). Under the New York Convention, awards are presumed enforceable, subject only to narrow, Convention-grounded defences. Practitioners should be alert to enforcement pitfalls and instruct skilled counsel on complex points, notably: personal or quasi in rem jurisdiction forum non conveniens state immunity In all matters, parties should seek advice on local rules and procedure and confirm the latest case law for any specific New York Convention enforcement. For guidance on US defences, see Practice Note: Defences to enforcement of an arbitral award in the USA under the New York Convention. Note: the US case law cited in this Practice Note is not...
This How-to guide helps organisations to shape a corporate social responsibility ( CSR) strategy and to draft and put a CSR policy into practice. It outlines key points to consider and signposts useful tools. This Practice Note covers: what CSR is considering how CSR can help developing a business case for CSR key staff members formulating the organisation's approach to CSR formulating the organisation's CSR policy CSR policy precedent implementing CSR reviewing the CSR policy For information on regulatory requirements relevant to CSR, see Practice Note: Corporate social responsibility ( CSR)—regulatory requirements. What is CSR? CSR is a self-regulating approach through which an organisation oversees the effects it has on economic, social and environmental aspects of society. It is commonly understood as a commitment to go beyond profit alone, to operate responsibly, and to embed...
ARCHIVED: This Practice Note has been archived and is no longer maintained; it is provided for background only. On 22 August 2023, SIAC opened a public consultation on the Draft 7th Edition of the SIAC Rules. The draft SIAC Rules, 7th Edition, can be accessed here. This Practice Note addresses how to commence arbitration under the Arbitration Rules of the Singapore International Arbitration Centre ( SIAC) (6th edition) 2016 (the 2016 SIAC Rules). The 2016 SIAC Rules apply to arbitrations commenced on or after 1 August 2016, unless the parties have agreed otherwise. Note: Singapore judgments cited in this Practice Note are not reported by Lexis Nexis® UK. Prior to commencing an arbitration Before starting proceedings, there must be a ‘dispute’ that can be referred to arbitration. At the outset, consider whether an arbitration agreement exists and whether there is a ‘dispute’ capable of referral to...
This Practice Note outlines how to initiate arbitration under the Vienna International Arbitral Centre ( VIAC)’s Arbitration Rules 2021 (the Vienna Rules), including options for joinder and consolidation. The 2021 Vienna Rules came into force on 1 July 2021 and apply to all proceedings begun on or after that date. If your arbitration proceeds under the Vienna Rules 2018, which took effect on 1 January 2018, you should consult the earlier version of the rules. Jurisdiction of VIAC As set out in article 1 of the Vienna Rules, VIAC is the Permanent International Arbitration Institution of the Austrian Federal Economic Chamber. VIAC is empowered to administer arbitral proceedings of a domestic or international nature. VIAC is also competent to administer mediation proceedings. How to commence a VIAC arbitration Submitting a Statement of Claim Under the Vienna Rules, proceedings are initiated by filing a Statement of Claim with the...
This Practice Note sets out the principal considerations that inform civil judges when determining the disputes before them, addressing their function, their handling of evidence, and how they explain the reasons for their rulings. HHJ Paul Matthews has emphasised these themes in several judgments, notably Morgan v Morgan (considered below) and Car- Wizard v Vixen Surface Treatments. For broader guidance on courts and the legal profession, see Court and the legal profession—overview. For a standard schedule of civil litigation, consult Practice Note: Typical timeline—civil proceedings. The role of the civil judge In civil proceedings in England and Wales, judges decide disputes on the basis of the material and submissions the parties place before the court. They are akin to referees or umpires in litigation. Judges do not search for evidence or act as investigators. Instead, each party must: locate and present to the court the...
In June 2022, Houst Ltd sought a Part 26A restructuring plan ( RP) at the convening hearing, with the sanction hearing following in July 2022. The principal points are set out below (capitalised terms not defined take their meaning from the convening and sanction judgments). This Deal Debrief forms part of our Restructuring plans collection. For an in-depth analysis of key metrics from RPs filed in 2023 and insights from leaders in the restructuring community, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]......
Practice Note This Practice Note outlines how the housing revenue account ( HRA) operates in England, its evolution, the key characteristics of the HRA, the move to self-financing and the attendant risks of self-funding. It also reviews policy choices that have affected the HRA, including social rent reductions and the right to buy. In strict terms, HRA legislation covers only local housing authorities ( LHAs) as described in section 1 of the Housing Act 1985 ( HA 1985) and section 88 of the Local Government and Housing Act 1989 ( LGHA 1989). HA 1985 does not extend to Scotland but does to Wales by virtue of section 22(2) of the Local Government ( Wales) Act 1994 ( LG( W) A 1994) and LG( W) A 1994, Sch 8, para 5(1). Under LGHA 1989, s 74, LHAs must maintain an HRA unless the...
This Practice Note outlines the aims of the Protocol, effective from 13 January 2020, which concerns residential property located in Wales. It addresses the Protocol’s scope and the possible outcomes of non-compliance, the obligation on both sides to consider ADR, the required content of a tenant’s letter of claim and the landlord’s reply, the use and instruction of experts, costs, limitation, and the duty on tenants to permit reasonable access for inspection and remedial works. Before turning to the Protocol, a tenant should make sure the landlord already knows about the disrepair, as the Protocol is designed for situations that remain unresolved, despite the landlord being on notice of the defects and the need for repair. Scope The Protocol applies solely to residential property in Wales and covers claims by tenants and others (including lessees and members of the tenant’s family) arising from housing...
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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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