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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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Part 26A restructuring plan deal debrief— CB& I UK Ltd CB& I UK Ltd advanced a Part 26A restructuring plan ( RP), with the convening hearing in September 2023 and the sanction hearing in February 2024. The principal points are set out below; capitalised terms not defined here take the meanings used in the convening and sanction judgments. This Deal Debrief forms part of our Restructuring plans collection. For detailed metrics from 2023 RPs and commentary from leading figures in restructuring, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company: CB& I UK Ltd (the Company), within a group ultimately owned by Bermudan company Mc Dermott International Limited. Industry sector: Construction/engineering. Place of debtor’s incorporation and jurisdictional factors: England & Wales, with its centre of main interests ( COMI) in the UK. The...
ARCHIVED: this archived Practice Note is not maintained and is provided solely for background. In addition, some links may no longer point to the provisions as they stood when the guidance in this Practice Note was issued. For information about prior and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Changes effective as of August 2011 New practice direction for 'privacy' injunctions— CPR PD 51F On 1 August 2011, CPR PD 51F came into force, introducing a pilot scheme to record data on the number and categories of non-disclosure injunctions—often termed ‘privacy’ and ‘super’ injunctions—moving through the courts. The data to be recorded, using a prescribed form completed by the judge hearing the application, covers: the claim/application number; whether the hearing was for an interim injunction, an application to extend/vary one, a final injunction, or an appeal against the...
ARCHIVED: This Practice Note is archived, is not updated, and is provided solely for background reference. In addition, certain links may no longer point to the provisions as they stood when the guidance was issued. For details of earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Contents New costs rules and practice directions Transitional provisions for funding agreements Reform of conditional fee agreements Ban on referral fees Reform of After the Event insurance Damages based agreements Increased sanctions under Part 36 Non-pecuniary general damages—10% increase Proportionality Payments on account Qualified one way costs shifting Costs management Case management Disclosure Witnesses of fact Expert evidence Appeals New costs rules and practice directions A comprehensive reassessment of the costs rules and practice...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracking tool monitors and distils key recent and forthcoming legislation and consultations in England and Wales connected to the oversight of chemicals and hazardous substances. It covers the regimes for the Registration, Evaluation and Authorisation of Chemicals ( REACH), the Classification, Labelling and Packaging of chemicals ( CLP), Prior Informed Consent ( PIC), together with pesticides, biocides, persistent organic pollutants ( POPs), ozone depleting substances ( ODS), and fluorinated greenhouse gases ( F-gases). Following Brexit, EU rules concerning chemicals regulation have been preserved in Great Britain, with amendments. In Northern Ireland, the EU frameworks continue to operate under the Northern Ireland Protocol (now called the Windsor Framework), except for the POPs regime, which is UK-wide. The following regimes apply: UK REACH, see Practice Note: UK REACH: Assimilated Regulation ( EC) No...
ARCHIVED: This Practice Note has been archived and is no longer maintained. This tracker tool collates and outlines significant recent and forthcoming legislation in England and Wales, alongside consultations connected to climate action and emissions reduction goals. Under the Climate Change Act 2008 ( CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019 SI 2019/1056, the UK is legally bound to cut greenhouse gas ( GHG) emissions by at least 100% from 1990 levels—achieving net zero—by 2050. There are also interim milestones: a 68% cut in GHG emissions from 1990 levels by 2030—set through the UK’s updated Nationally Determined Contribution ( NDC) under the Paris Agreement (this excludes emissions from international aviation and shipping) a 78% cut in GHG emissions from 1990 levels by 2035—established via the UK’s sixth carbon budget These targets have spurred swift changes across recent energy and...
Prepared in collaboration with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law at the University of Edinburgh Law School. For fuller commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook provides in-depth discussion of matters addressed in this Practice Note. What is Greenhouse Gas Removal ( GGR)? GGR is a collective term for methods that capture greenhouse gases straight from the atmosphere and secure their long-term storage, so they no longer contribute to climate change. Unlike emissions reduction, which limits the release of new greenhouse gases, GGR concentrates on taking out gases already in the air. nature-based approaches, such as afforestation, soil carbon sequestration and wetland restoration, which enhance natural systems’ capacity to absorb and store...
Before the handover on 1 July 1997, both Hong Kong and the Mainland were already parties to the New York Convention. That Convention, however, only regulates the recognition and enforcement of arbitral awards between distinct contracting states, and does not extend to enforcement between provinces or regions within a single state. To overcome this enforcement gap, the authorities in Hong Kong and the Mainland entered into the ‘ Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region’... Note: Hong Kong judgments below are not reported by Lexis Nexis®. Mainland awards A party successful in a Mainland arbitration may pursue enforcement of the award in Hong Kong by either: relying on the common law, by issuing proceedings founded on an implied promise to honour the award (commonly known as an ‘action on the award’); or ...
This Practice Note considers common matters that frequently arise when drafting and negotiating endorsement agreements in England and Wales. In a standard endorsement deal, a brand typically retains a well-known public figure to promote its goods or services. That promotion can cover a broad range of activity, such as TV adverts, print adverts, public appearances, and promotional posts on social media. What is an ‘endorser’? An endorser is a person, usually a public figure—celebrity, sportsperson, or subject matter specialist—who grants use of their name, image, persona, or reputation to a product, service or brand under a commercial arrangement. Endorsers are engaged to boost brand visibility, credibility and consumer confidence by publicly aligning with a product, whether either via direct promotion or association. They may feature across traditional advertising channels (television, print, out-of-home and digital media), serve as brand ambassadors, or take part in various events, PR...
Establishing whether an employment‑related security exists is essential to deciding if the specific (and sometimes punitive) income tax and National Insurance contributions ( NICs) charges for employment‑related securities are triggered. The definition is wide and splits into two principal parts: what constitutes a security—covering shares, debt, derivatives and interests in investment partnerships, and whether the security is employment‑related—being so if the right or chance arises by reason of employment or is provided by an employer What is a security? Securities are defined in very broad terms and include: shares (including stock) in any: body corporate (whether UK or overseas incorporated), or non‑ UK unincorporated body rights under contracts of insurance other than “excluded” insurance contracts (ie pension annuity...
Practice Note This Practice Note outlines detailed information about employment tribunal offices across England, Wales and Scotland, together with their appropriate hearing venues and locations. It further describes how to access employment tribunal judgments online, how to obtain hard copy transcripts of those judgments, and directs readers to the relevant minutes of the employment tribunal national user group meetings. Employment tribunals sit within His Majesty’s Courts and Tribunals Service, an executive agency of the Ministry of Justice. An employment tribunal claim can be lodged in three ways: online (see Practice Note: Submission of a claim to the employment tribunal— Presenting the claim ( Submitting a claim online)) by post (see Practice Note: Submission of a claim to the employment tribunal— Presenting the claim ( Submitting a claim by post)) by hand delivery, limited to specified ‘designated tribunal offices’ and on...
FORTHCOMING CHANGE: On 21 October 2024, the President of the Employment Appeal Tribunal ( EAT) published a fresh EAT Practice Direction. This updated Direction, which offers extra guidance on using the My HMCTS portal, revises and supersedes the 2023 Practice Direction. It will apply to appeals started on or after 1 February 2025, and to earlier appeals for any procedural steps taken on or after that date. It will come into force alongside amendments to the EAT Rules made by the Employment Appeal Tribunal ( Amendment) Rules 2024, SI 2024/1044. For more details, see: New Practice Direction governing appeals to the EAT from 1 February 2025, and LNB News 17/10/2024 46. ARCHIVED: This archived Practice Note reproduces the full text of the Employment Appeal Tribunal Practice Direction 2023, which took effect on 30 September 2023. 1 Introduction 1.1 What does the Employment Appeal Tribunal do? 1.1.1 The...
EPC arrangements are typically structured so the contractor shoulders most of the project’s inherent risk, rather than the employer, from the outset. The employer’s focus is on timely delivery and compliance with the specification, leaving the contractor to decide how to achieve this and to determine the means of execution. Consequently, the employer usually pays a higher contract sum for transferring the bulk of those risks to the contractor, reflecting the premium demanded by that allocation. Having agreed a premium for the works, the employer expects actual completion on time and performance in line with the stated requirements, as outlined in the specification. It will also seek mechanisms to enforce these outcomes, or to recoup losses where they are not met, ensuring there is recourse if obligations are missed. This Practice Note considers the remedies available to an employer under an EPC...
ARCHIVED: This archived Practice Note outlines the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998. It is provided for background information only and is not maintained. Under the GDPR, employers are even less likely than under the Data Protection Directive ( Directive 95/46/ EC) to rely on employee consent as the legal basis for data processing at work. Given the significant consequences of failing to meet GDPR obligations, employers should therefore avoid using consent as a lawful condition for processing. In most situations, the employer will instead be able to rely on the ‘legitimate interests’ basis, provided: the processing is necessary for the employer’s legitimate interests those interests are not overridden by the employee’s interests or fundamental rights and freedoms the processing is proportionate and cannot be achieved by other, less intrusive means the data...
Private and unlisted companies encounter distinctive challenges when rolling out employee share schemes. Chief concerns are the absence of a ready market for shares and the difficulty of valuing them. Businesses must also consider amendments to their Articles of Association and the knock-on effects for shareholders and external investors. This note sets out the essentials and shows how, with careful design and delivery, these obstacles can be overcome. Perceived barriers to share plans in private companies These include: losing control of the company no ready market for shares a lack of awareness of the tax benefits associated with HMRC tax‑favoured arrangements concerns about complexity and, therefore, the cost of establishing a plan With the right advice and planning, these hurdles can be managed. Why private companies use employee share plans The Finance Act 2014 gave a major impetus to employee ownership through the...
Background Enterprise Management Incentives ( EMI) are share option arrangements favoured by employers and employees because of their flexibility and the generous tax reliefs they can deliver when administered correctly. These plans frequently permit participants to exercise on a sale, enabling them to dispose of their shares alongside the other shareholders. For businesses, they offer a chance to reward key staff for the effort that helps achieve what will often be a major milestone in the company’s history. For an introduction to the principal features of EMI schemes, their eligibility conditions and tax treatment, see Practice Note: How EMI schemes work and key features. Nevertheless, managing EMI options on a sale (whether advising the buyer or the seller) can be complicated, as a variety of matters may surface during the due diligence process, on either side of the transaction. To benefit from...
For fuller analysis of regulation, consenting and incentives for the net zero energy shift within the law of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That volume offers detailed treatment of matters explored in this Practice Note. What is the background to ? In 2010, the UK government concluded that meeting national energy requirements by 2020 would demand investment of up to £110bn. This assessment arose amid rising consumption and the retirement of power stations owing either to age-related obsolescence or to compliance with EU‑derived emission reduction obligations. Renewable output, expanded significantly in recent years to advance the UK’s net zero goals, brings the difficulty of intermittency, as it depends heavily on weather and therefore cannot deliver dependable baseload in the manner of conventional plant. In addition, the country’s electricity networks were not...
What does EIOPA do? The European Insurance and Occupational Pensions Authority ( EIOPA) is one of the three European Supervisory Authorities ( ESAs), set up to reinforce the EU supervisory framework and to curb the risk and harm of any future financial crisis. Operating as an independent advisory body, it counsels the European Parliament, the Council of the European Union (the Council) and the European Commission (the Commission). Serving as the EU’s micro‑prudential supervisor for insurance and occupational pensions, it was established by Regulation ( EU) No 1094/2010 (the EIOPA Regulation), replacing the Committee of European Insurance and Occupational Pensions Supervisors ( CEIOPS) in January 2011. EIOPA is based in Frankfurt, Germany. EIOPA’s main goals are: safeguarding consumers and restoring confidence in the financial system ensuring a high, effective and consistent level of regulation and supervision, reflecting the varied interests of all EU Member...
Who may be beneficiaries Any individual who would be capable of holding property if of full age and sound mind can be a beneficiary under a trust, even where they are not presently of full age or sound mind. Identifying the beneficiaries To establish a valid trust, the three certainties must be satisfied. The three certainties certainty of intention certainty of subject-matter certainty of objects Charitable trusts are not required to meet certainty of objects provided there is a general charitable intention. Certainty of objects—named beneficiaries Every trust deed must set out who the beneficiaries are. In a straightforward life interest trust, there are usually few beneficiaries and they may be identified in the clause that specifies the beneficial interests. For example: ‘ The Trustees shall distribute the income of the Trust Fund to [ X] for their lifetime and, on their death, shall transfer the capital to [ Y].’...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the judgment of 14 May 2014; it is no longer maintained. Case facts Outline Appeal to the General Court seeking annulment or a reduction of fines arising from the Commission’s decision of 22 July 2009, which found breaches of Article 101 TFEU and Article 53 EEA and levied a €5m penalty in connection with Donau Chemie AG’s alleged role in a calcium carbide and magnesium cartel between 2004 and 2007 (' Calcium carbide cartel'). The dispute centres on the methodology and practical steps for calculating a fine for infringing the competition rules. Parties Applicant: Donau Chemie AG ( Donau Chemie) Defendant: European Commission Donau Chemie is an Austrian chemical undertaking that manufactures calcium carbide and subsequently supplies calcium carbide granulates and calcium carbide powder to the gas and steel sectors...
What is the Renewable Heat Incentive ( RHI)? The RHI is a Great Britain government scheme offering payments to encourage the use of renewable heating in a market largely reliant on fossil fuels. The idea was that by providing financial support, hurdles such as high upfront costs and running expenses could be eased, boosting adoption. The scheme was split into two phases: Phase 1 launched in November 2011 for non-domestic systems across industrial, commercial and public sectors. It stopped accepting new applications on 31 March 2021. For more detail, see Practice Note: Non- Domestic Renewable Heat Incentive ( NDRHI)—scheme closure and key continuing features. Phase 2 covers the domestic RHI (following the Renewable Heat Premium Payment ( RHHP)) and began in April 2014. The domestic RHI closed to new applicants at midnight on 31 March 2022 and has been succeeded by the Boiler...
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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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