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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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What is housing benefit? Housing benefit has traditionally been the support scheme to help people on limited incomes meet their rent. It is now largely superseded by the housing costs element within Universal Credit ( UC). Most working-age people can no longer make a fresh claim for housing benefit. Nonetheless, it still applies to two sets of claimants: (a) those over pension age (b) those living in ‘specified’ or ‘temporary’ accommodation Eligibility for housing benefit Entitlement is assessed by looking at the rent due and the claimant’s income and capital (savings, property and investments). Housing benefit can be awarded to people who: pay rent are on a low income, and hold capital under £16,000, although for recipients of certain means-tested benefits, including the guarantee credit of pension credit, capital is disregarded Personal factors matter (such as the age and number of dependants, ownership of additional property, and other income received like...
Part VII of the Housing Act 1996 ( HA 1996) establishes the statutory homelessness regime for local housing authorities ( LHAs) operating in England and Wales. It outlines the distinct obligations an LHA may owe to different homeless applicants. Inevitably, an LHA requires time to investigate a homeless applicant’s particular circumstances before deciding which duty is owed in law. Certain applicants’ situations are so urgent that accommodation is needed at once, even before the LHA can complete its enquiries. The HA 1996, in defined cases, requires LHAs to secure accommodation on an interim basis. This Practice Note explains the situations in which that interim duty arises and how it is discharged in practice. It also describes the power an LHA has, once its enquiries are concluded, to provide interim accommodation where: an applicant seeks a review under HA 1996, s 202 of an...
On 1 November 2023, the Scottish Government laid the Housing ( Cladding Remediation) ( Scotland) Bill (the Bill) before the Scottish Parliament. Its introduction followed the Scottish Government’s Programme for Government announcement in September 2023. Its purpose was to confer on the Scottish Government ‘new powers to remediate buildings with unsafe cladding that present a risk to life’. The Bill gained Royal Assent on 21 June 2024, thereby becoming the Housing ( Cladding Remediation) Scotland Act 2024 ( H( CR)( S) A 2024). H( CR)( S) A 2024 commenced on 6 January 2025. This Practice Notes considers the principal provisions of H( CR)( S) A 2024 and what they mean for property developers in Scotland. Background to H( CR)( S) A 2024—the Cladding Remediation Programme Scotland’s framework for building and fire safety differs from that in England and Wales. This is because building...
This Practice Note sets out the statutory right (subject to statutory qualifying criteria) of qualifying tenants of long leases of houses to obtain the freehold (individual enfranchisement), or to secure a 50-year extension of the house lease under the Leasehold Reform Act 1967 ( LRA 1967). It offers guidance on the qualifying criteria for premises and tenants, service of a tenant’s claim notice and the landlord’s notice in reply, applications to the First-tier Tribunal ( FTT) (or the Leasehold Valuation Tribunal ( LVT) in Wales) and County Court procedure, valuation and calculation of the purchase price, and completion of the acquisition. Houses—the right to enfranchise A tenant of a leasehold house and any attendant premises (such as a garden, garage, yard, etc) is entitled under the LRA 1967 to acquire: the freehold where all of the following are satisfied: the...
Hotchpot rule of domestic English law The hotchpot doctrine has long formed a settled element of domestic English law. In essence, it obliges a creditor to give credit for sums recovered in another jurisdiction, whether through court action or otherwise, before sharing in any dividend in English insolvency. Where the rate it has achieved overseas outstrips the percentage payable to other creditors in the English process, it is barred from taking part in the dividend distributed in England. The Privy Council, in Cleaver v Delta American Reinsurance (in liquidation), encapsulated the rule as requiring a creditor to 'bring into the common fund what he has received abroad'. It also made clear that the rule has no application to property that never entered the common fund (eg secured assets). In Cleaver, a secured creditor (the letter of credit meant he was secured in...
Negligence Many of the principles that govern horse riding incidents mirror wider personal injury law. An equestrian centre’s proprietor owes a duty of care to clients attending to ride and to staff exercising or training horses. That duty will typically encompass an obligation to: take reasonable care to supply suitable horses provide appropriate and well-maintained equipment provide adequate supervision and instruction provide suitable premises Workers handling horses also benefit from the standard workplace duties of care. For further guidance, see Practice Note: The employer’s duty of care. In Harris v Miller, the defendant was found negligent for permitting the 14-year-old claimant to ride their horse, ‘ Polly’, a young and inexperienced thoroughbred, in an open field when they lacked adequate knowledge of the horse and its temperament. The benchmark for the defendant’s conduct was the ordinary, reasonably prudent horse owner. Such an owner would ensure they held...
CASE HUB ARCHIVED This case hub records the position as at 22 July 2024, the date the investigation was cancelled following the transaction being abandoned; it is no longer updated. See further, timeline. Case facts Outline UK merger review concerning the proposed acquisition of Serato Audio Research Limited by Alpha Theta Corporation. The deal featured horizontal overlaps in the supply of DJ software for laptop and desktop platforms. Latest developments On 22 July 2024, the CMA cancelled its phase 2 investigation after the parties opted to abandon the proposed transaction. Parties Alpha Theta Corporation ( ATC): A Japan-based supplier of DJ software for laptops and desktops worldwide under the rekordbox brand, and DJ hardware under the Pioneer DJ and Alpha Theta brands. ATC also offers We DJ, a DJ software app for mobile/tablet use only. Serato Audio Research Limited ( Serato): A New...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1160. The Statement of Changes was published on 9 March 2023, together with an Explanatory Memorandum ( EM). Subscribers can swiftly move to particular sections of this Practice Note using the Table of Contents on the left. For help on interpreting a Statement of Changes in Immigration Rules, see Practice Note: Sources of immigration law and their legal status. Replaces the Innovator and Start-up routes with a single Innovator Founder route. Sets out Rules that will underpin the Electronic Travel Authorisation regime as rollout begins from November 2023. Imposes salary adjustments across several work routes. Introduces an unexpectedly restrictive shift in the long residence Rules. Makes a more positive change to access to public funds in Appendix FM (both changes following court...
The LMAA The London Maritime Arbitrators Association ( LMAA) was established on 12 February 1960 after a meeting of arbitrators from the Baltic Exchange Approved List, yet it claims a heritage and practices extending back over three centuries. From the outset, it was conceived as an association of individuals who regularly, and with reasonable frequency, acted as arbitrators in London maritime disputes, either sitting alone or alongside other LMAA members (see the LMAA Guidelines for Full Membership). As an organisation, the LMAA operates without a secretariat and does not administer arbitrations brought under the LMAA Terms 2021 (the Terms); that responsibility lies with the arbitrators and, to some extent, the parties. This streamlined arrangement can facilitate rapid formation of tribunals and lower overall costs when set against arbitration conducted under other well-known sets of international arbitration rules......
Greenwashing This Practice Note explores the notion of ‘greenwashing’ and the various litigation exposures it generates within the legal system of England and Wales. Note: where greenwashing risk is assessed under the Financial Services and Markets Act 2000 ( FSMA 2000), it applies only to UK publicly traded companies or companies seeking admission to a UK stock market, and to their directors, in connection with claims concerning misleading statements and omissions in a company’s prospectus and published information. Where greenwashing is considered in the context of section 463 of the Companies Act 2006 ( CA 2006), it is relevant to all UK companies. ‘ Greenwashing’ is a term of art originating in discussions around environmental and climate change matters, as set out below. It is also frequently mentioned alongside ‘ ESG’, a collective label for the environmental, social and governance elements of a...
This Practice Note explores how the doctrine of forum non conveniens operates where Regulation ( EU) 1215/2012, Brussels I (recast), governs the dispute. For an overview of the core rules, see Practice Note: Forum non conveniens—principles. As the UK has withdrawn from the EU, this analysis is relevant only where the Brussels I (recast) jurisdictional scheme continues to apply under the transitional arrangements. For further detail, see Practice Note: Brussels I (recast)—application to the UK post IP completion day (jurisdiction) [ Archived]. Application of Brussels I (recast) In proceedings where jurisdiction falls to be resolved under Regulation ( EU) 1215/2012, Brussels I (recast), courts in England and Wales must give effect to the Regulation as construed by the Court of Justice. In consequence, the doctrine of forum non conveniens cannot be invoked, following the Court of Justice’s ruling in Owusu v Jackson. Although Owusu...
This Practice Note reviews Regulation ( EC) 861/2007 creating the European Small Claims Procedure (the ESCP Regulation), as amended by Regulation ( EU) 2015/2421, which applies to cross border claims below €5000. It explains the procedure under the Regulation, from initiating the claim right through to enforcement and related matters, in the usual manner, as appropriate. What is the small claims procedure? The small claims procedure was brought in to make small disputes simpler, quicker and less expensive to handle. It is offered to parties as an alternative to the small claims mechanisms operating in Member States. Its advantage is that it removes the need for extra proceedings to recognise and enforce foreign judgments given under an EU Member State’s own small claims procedure. The procedure is determined by the relevant procedural law of the Member State where it is conducted, applying that forum’s...
This Practice Note sets out practical guidance on establishing the causal connection between dumped imports and material injury, drawing on the World Trade Organization’s Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ( Anti-dumping Agreement). Introduction The WTO Anti-dumping Agreement permits Member States to take unilateral measures and levy anti-dumping duties on specified imported goods. Such unilateral steps are not without constraint, and duties may only be applied where: the Member State has carried out a thorough investigation. For guidance on the investigation process, see Practice Note: Stages in an anti-dumping investigation the investigation has found that the imported product and the domestically produced/manufactured product are like products. For guidance on like products, see Practice Note: Like product in trade remedy investigations the investigation has determined that the imported goods are dumped. For...
Pension scheme disputes—jurisdictions for resolution Disagreements about pension schemes can be settled in three distinct forums, each operating its own rules on costs: the courts the Pensions Regulator the Pensions Ombudsman The courts Many pension issues are pursued through the civil courts. Claims, particularly those concerning occupational schemes constituted as trusts and supervised under the court’s inherent jurisdiction, are allocated to the Chancery Division of the High Court, specifically the Pensions Sub‑ List of the Business List ( BL ( Ch)) within the Business and Property Courts of England and Wales. Such matters are commonly brought by trustees, the scheme employer or beneficiaries to resolve questions about the governance or administration of the scheme’s trusts. The Pensions Regulator The Pensions Regulator has a broad supervisory mandate and may take a proactive, interventionist stance towards employers, trustees and associated persons to protect pension scheme funds. Actions taken by the...
CASE HUB ARCHIVED —this preserved case hub records the position as at the judgment dated 4 March 2021; it is no longer maintained. See the published timeline for further details and additional context provided thereafter. Case facts Outline Case C‑362/16 Commission v Fútbol Club Barcelona — an appeal to the Court of Justice directly challenging the General Court’s judgment in Case T‑865/16, which had upheld an action for annulment of the European Commission’s decision that identified tax advantages afforded to Spanish clubs as being in breach of the State aid rules ( SA.29769). Latest development On 4 March 2021, the Court of Justice delivered its judgment, allowing the appeal, setting aside the General Court’s judgment, and deciding not to refer the case back to the General Court......
This Practice Note examines the jurisdictional service gateways, or bases for service, contained in CPR PD 6B, para 3.1(6)–3.1(8), which address contractual claims. It sets out the relevant contract gateways and offers practical guidance on the manner in which the courts have interpreted and applied them in practice. When considering these gateways, note that: they have been amended multiple times and caution is needed when relying on earlier authorities. For details, see Practice Note: Tracker—changes to Part 6 and practice directions 6A and 6B the range of gateways has increased over time and earlier authorities may concern scenarios for which a newer gateway would now be better suited Accordingly, care is required when identifying the appropriate gateway for any given circumstance. This Practice Note should be read alongside Practice Note: Cross-border...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 24 October 2018; it is no longer maintained. See further: timeline, commentary, and related/relevant cases. Case facts Outline Case C‑595/17, Apple Sales International, Apple Inc., and Apple retail France EURL v MJA (acting as liquidator of e Bizcuss.com), concerns a French reference seeking guidance on the reach of Regulation ( EC) No. 44/2001 (the Brussels Regulation) for jurisdiction clauses set in private agreements, when relied upon in private damages claims brought under Article 102 TFEU... Latest developments On 24 October 2018, the Court of Justice gave its judgment in Case C‑595/17, following a reference from the Cour de Cassation in France, addressing whether jurisdiction clauses in private contracts encompass private actions for damages based on Article 102 TFEU under Article 23 of Regulation 44/2001 (the Brussels...
Note: The Hong Kong judgments mentioned below are not reported by Lexis Nexis®. Introduction The Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) was adopted by the United Nations Conference on International Commercial Arbitration held in New York on 10 June 1958. In the Arbitration Ordinance ( Cap 609) ( AO), the New York Convention is described as the Convention. Section 87 of the AO and Order 73, rule 10 of the Rules of the High Court ( Cap 4A) ( RHC) govern the enforcement of a Convention Award: Evidence required for enforcing Convention awards ( AO, s 88) Refusal of enforcement of Convention awards ( AO, s 89) Convention awards A Convention award means an arbitral award made in a state, or in the territory of a state, other than China or any part of China, which is a party to the...
ARCHIVED: This Practice Note is archived and is not maintained. Under the Arbitration Ordinance, Chapter 609 ( AO), the Hong Kong court may grant a range of interim measures in aid of arbitration proceedings. Such measures are principally intended to uphold the arbitral process, avoid frustration of the award, regulate how the parties conduct themselves, and protect assets or evidence. The arbitral tribunal also has corresponding powers to grant interim measures under AO, s 35. Note: the Hong Kong judgments below are not reported by Lexis Nexis® UK. Power of the court to stay court proceedings in favour of arbitration Where a party so requests, the court can stay its proceedings and refer the parties to arbitration if the action is brought in a matter that is subject to an arbitration agreement, unless that agreement is invalid, inoperative, or incapable of being performed ( AO, s 20). When...
ARCHIVED: This Practice Note is archived and not maintained An introduction to the recognition and enforcement of non- New York Convention and non- Mainland China awards Enforcement of arbitral awards: arising from arbitrations seated in Hong Kong falling outside the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (i.e. non- New York Convention awards), and non- Mainland awards rendered either within or beyond Hong Kong are all governed by, and subject to the same enforcement regime under, the Arbitration Ordinance, Chapter 609 ( AO). Relevant AO provisions Any award issued by an arbitral tribunal, whether made in or outside Hong Kong, is enforceable in the same way as a judgment of the High Court’s Court of First Instance with equivalent effect, but only with the court’s leave. This is qualified by the court’s discretion to refuse leave to enforce an award made by the...
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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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