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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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STOP PRESS: A sweeping overhaul of the UK listing framework came into force on 29 July 2024, removing the premium and standard listing segments and, in their place, creating a single listing class for equity shares issued by commercial companies. This commercial companies class is strongly disclosure-led and sits alongside other listing categories, including shell companies, secondary listing and closed ended investment fund categories, within the wider regime. A new UK Listing Rules sourcebook commenced to deliver and codify these reforms, and the former Listing Rules sourcebook was withdrawn in full. For more detail see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note describes the regime as it stood prior to 29 July 2024. A dividend is one form of distribution that a company may make to its members. Indeed, dividends are the most prevalent form of...
Termination Termination arises whenever a contract reaches its end. In addition to dismissal, termination also encompasses: expiry (without renewal) of a fixed term or limited term resignation by mutual agreement by operation of law See Precedent: Clauses—termination [ Archived]. Expiry Employment law does not distinguish between temporary and permanent employment. Contracts are either terminable on notice, or they continue for a set period (fixed-term contracts) or until a particular event (limited-term contracts) (see Practice Note: Fixed-term employees). A failure to renew a fixed-term or limited-term contract at its end is not a dismissal at common law, but it is treated as a dismissal for the purpose of the unfair dismissal legislation, so the employer will need to show a fair reason for choosing not to renew the...
ARCHIVED: This Practice Note is no longer updated and is supplied purely for contextual reference. In addition, certain links might not lead to the provisions as they stood on the date this Practice Note’s guidance was issued. Key developments in DR in 2016—what you need to know During 2016, Dispute Resolution lawyers have witnessed a series of notable changes in practice, some concrete, some intended, and others still the subject of consultation, rumour and conjecture. These include: Revisions to court guides and a new CPR 52 (both already in effect); Additional proposals to amend CPR 52 (likely to be consulted on in 2017); Suggestions for a shake-up of the civil courts, such as establishing an online court (seems probable though still a recommendation); Even the possibility of redrafting the CPR. All mark ongoing shifts across disputes practice......
All references to Articles in this Practice Note are to the Articles of the Arbitration Rules of the Dubai International Arbitration Centre ( DIAC and the DIAC Rules). Over the course of an arbitration, the tribunal may issue multiple awards, whether interim or partial. Each award (as opposed to an order) must follow the requirements set out below, save where it is expressly stated that a point applies only to the final award... What an award must contain An award must: be in writing ( Article 34.2) state the date on which it was made ( Article 34.4(j)) state the seat of the arbitration ( Article 34.4(d)) set out the reasons on which it was based (unless the parties have agreed otherwise and the law applicable to the arbitration does not require reasons) ( Article 34.4(g)) be signed by the...
Design Build Operate ( DBO) Rising demand for public infrastructure during periods of tight public finances, coupled with limited public sector expertise in delivering complex facilities (such as water treatment works and energy plants), has prompted greater private sector involvement in the procurement and operation of public infrastructure. There are numerous possible frameworks for bringing public sector risk and expertise into the procurement of public infrastructure, covering a wide spectrum of structures. One such arrangement is Design Build Operate ( DBO). It is especially popular for water treatment plants. For information on variations of the DBO structure, see Practice Notes: Infrastructure projects—project structure and BOT contracts. Under DBO, a government (often through a government body or local authority) engages a single contractor to: design and construct the infrastructure facility operate the facility for a period (typically between 10–30 years) The government typically funds the...
This Practice Note outlines the principal elements of the Deposit Guarantee Schemes Directive 2014/49/ EU ( DGSD), which obliges Member States to create a deposit guarantee scheme ( DGS) to safeguard depositors and bolster financial stability by mitigating the threat of a run on the bank. The recast DGSD superseded and repealed Directive ( EC) 94/19/ EC (the original DGSD) for clarity after substantial amendments over the years. As the UK was an EU Member State when the DGSD began to apply, the recast EU DGSD was implemented in the UK; accordingly, this Practice Note addresses both the EU requirements and the UK’s implementation. Background and introduction to the DGSD The DGSD is one of two existing EU guarantee scheme directives. The other, the Investor Compensation Schemes Directive 97/9/ EC ( ICSD), is discussed in Practice Note: Investor Compensation Schemes Directive. The original DGSD,...
Employment-related securities options—specific tax rules A distinct set of income tax provisions, set out in Chapter 5 of Part 7 of the Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003), applies to securities options connected to employment. These rules generally bring unapproved share options—ie those granted outside a tax-advantaged share ownership arrangement—within the scope of income tax. This Practice Note explains: what constitutes a securities option, and when a securities option is regarded as employment-related For comprehensive guidance on the income tax treatment of employment-related securities options, see Practice Note: Securities options—income tax treatment. An unapproved option that does not fall within the statutory definition of a securities option—for example, a share option obtained under arrangements whose main purpose is the avoidance of tax or National Insurance contributions ( NICs)—is not charged to income tax under the securities option rules....
UK GDPR claim This Practice Note sets out advice on responding to a ‘ UK GDPR claim’. It refers to the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), as revised by the Data ( Use and Access) Act 2025 ( DUAA 2025), alongside the Data Protection Act 2018 ( DPA 2018). Claims falling within EU jurisdiction are governed by the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). UK data protection legislation (notably Assimilated Regulation ( EU) 2016/679 ( UK GDPR)) originates to a great extent from EEA regimes and so rests on comparable principles, albeit with some granular divergences in its provisions. Moreover, in the UK, ‘assimilated law’ denotes retained EU law ( REUL) that continued to apply beyond the close of 2023, including the UK GDPR....
This Practice Note addresses the defences that may arise in response to a claim for injuries caused by an animal. It considers accidents attributable to the claimant, voluntary acceptance of risk, trespass and contributory negligence. The Animals Act 1971 is referred to in this Practice Note as AA 1971. Accident caused by claimant A defendant may avoid liability for injury arising from an animal if they can demonstrate, under AA 1971, s 5(1), that the claimant’s injury was wholly their own fault. Examples might include the following: riding so close to another horse in a show ring that it kicks out (see Jones v Baldwin (2010) Cardiff County Court (not reported by Lexis Nexis®)) grabbing and restraining a dog so it feels threatened and bites (see Preskey v Sutcliffe (2013) Leeds County Court (not reported by Lexis...
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime The Finance Act 2025 ( FA 2025), which obtained Royal Assent on 20 March 2025, legislates to scrap the remittance basis of taxation and bring in a residence-based system from 6 April 2025. It also replaces domicile as the primary determinant of liability to inheritance tax. Additional reforms include: Revisions to the rules that decide excluded property status Removal of the protected settlements status for offshore trusts Amendments to overseas workday relief For details on these developments, see: Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. The loan relationships provisions in Part 5 of the Corporation Tax Act 2009 ( CTA 2009) contain an anti-avoidance measure concerning so-called deeply discounted securities ( DDS). Where triggered, these rules can delay when a...
Oversight of UK decommissioning policy and its delivery sits with the Department for Energy Security and Net Zero ( DESNZ). Formed on 7 February 2023, DESNZ assumed the energy remit of the former Department for Business, Energy and Industrial Strategy ( BEIS), which has now been dissolved, including its responsibilities for decommissioning. Any mention of ‘ BEIS’ in this practice note refers to the department’s former functions. Although the UK issues policy documents, a substantial portion of the regime is driven by the UK’s commitments under international law. International Law—installations The 1958 Geneva Convention on the Continental Shelf ( Geneva Convention) was the first treaty to set out the law of the sea, and it remains the only convention that expressly mentions the ‘removal’ of installations. The United Kingdom gave effect to the Convention domestically in 1964 through the Continental Shelf Act 1964 ( CSA 1964), which...
STOP PRESS: The UK’s prospectus framework presently derives from the EU Prospectus Regulation, preserved in domestic law post‑ Brexit as the UK Prospectus Regulation. The UK has been reassessing this framework within broader initiatives to modernise its capital markets and to bolster the UK’s appeal as a listing venue. This forms part of wider UK reforms. In consequence, the UK Prospectus Regulation will be superseded by the Public Offers and Admission to Trading Regulations 2024 (the POATRs), with the granular requirements for admission to trading to be set out in Financial Conduct Authority ( FCA) admission rules. All detailed provisions concerning admission to trading will be contained in FCA admission rules. The FCA issued its final rules ( PS25/9) on 15 July 2025. These rules are expected to come into force on 19 January 2026. For more on the principal components of the POATRs’ new...
STOP PRESS: A major overhaul of the UK listing framework took effect on 29 July 2024, removing the premium and standard listing segments and introducing one unified category for equity shares issued by commercial companies, as part of a significant restructuring of the regime. This commercial companies category is strongly disclosure-led and sits beside other listing buckets, including the shell companies, secondary listing and closed ended investment fund categories too. A new UK Listing Rules sourcebook took legal effect to deliver these changes, while the preceding Listing Rules sourcebook was withdrawn. For more details, consult Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note mirrors the regime as it stood before 29 July 2024, in practice. In addition, this Practice Note cites an earlier iteration of the UK Corporate Governance Code, rather than the current edition released on 22 January 2024 for...
ARCHIVED : This Practice Note has been archived and is no longer kept up to date; please see Practice Note: Money Laundering Regulations 2017 ( MLRs)— FCA supervision of cryptoasset firms, Annex 1 financial institutions, MSB/ TCSP activities. It explores the risks posed by cryptoassets from the angles of financial crime, money laundering and terrorist financing. It assesses how and why cryptoassets can be vulnerable to, and enable, criminality, and how regulators have addressed these perceived risks. It also reviews criminal matters involving cryptoassets, notably Bitcoin. What are cryptoassets? A key obstacle to grasping non‑traditional currencies and assets is the inconsistent terminology. Regulators, tax authorities and commentators variously speak of digital currencies, virtual currencies, cryptocurrencies, cryptoassets and crypto tokens; and it is often uncertain whether these labels are being used as synonyms or with distinct meanings in mind. For definitions, see Practice Note Web 3.0, digital assets and...
This Practice Note outlines how the ‘good arguable case’ threshold has developed as the gateway for the courts of England and Wales to assume jurisdiction over a claim. In the authorities, the standard has been variously described as: ‘good arguable case’ ‘the better argument’ ‘the much the better argument’ Courts have also applied glosses, provided explanations, and proposed reformulations of the original test. The evidential approach has been unsettled, with references to the need for material that is: ‘reliable’ ‘clear and precise’ ‘plausible’ ‘sufficient’ of ‘real substance’ For guidance on the requirement and how to satisfy it, see Practice Note: Cross-border service—‘good arguable case’ requirement. Origins of the ‘good arguable case’ requirement The leading modern authority on the meaning of ‘a good arguable case’ is the House of Lords decision in Vitkovice Horni a Hutni Tezirstvo v Korner (1951), which was...
On 6 April 2025, amendments to Part 25 of the Civil Procedure Rules ( CPR 25) took effect. For guidance on the revisions to Part 25 and Practice Directions 25A and 25B, see Q& A: Where can I find information on the changes to Part 25 coming into force on 6 April 2025? This Practice Note examines injunctive and declaratory remedies in cross-border proceedings. The relief considered includes: freezing injunctions (including proprietary freezing injunctions) anti-suit injunctions preservation orders imaging orders declarations/declaratory relief (including negative declarations and declarations that may affect foreign proceedings) Alongside the points set out here, the general rules for injunctive and declaratory relief remain applicable. For guidance, see: Interim and final injunctions—overview. Freezing injunctions A freezing injunction or order (previously known as a Mareva injunction, a term appearing in older authorities) is an interim measure restraining the respondent from dealing with or disposing of assets in a manner...
ARCHIVED: This archived Practice Note offers background on the alterations to criminal procedure that took effect on 6 October 2014 under the Criminal Procedure Rules 2014, SI 2014/1610. Those provisions have since been revoked. The present rules on criminal procedure are set out in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note reflects the law as at 6 October 2014 and is not maintained. It is provided for background purposes only. What is changing in the Criminal Procedure Rules? The consolidated Criminal Procedure Rules 2014, SI 2014/1610 ( Crim PR 2014), together with updated Criminal Practice Directions, commence on Monday 6 October 2014. This Practice Note summarises those amendments and, where appropriate, links to our newly created and revised materials. The most substantial amendments are covered in the Practice Notes cited below. Content across the...
ARCHIVED: This archived Practice Note summarises the procedural changes to criminal cases that commenced on 2 April 2018. The Criminal Procedure Rules 2015, SI 2015/1490, have since been further amended—see Practice Note: The Criminal Procedure Rules. The Note reflects the law as at 2 April 2018, is not updated, and is provided for background only. The Criminal Procedure Rules 2015 ( Crim PR), SI 2015/1490, received their first revision of 2018 via the Criminal Procedure ( Amendment) Rules 2018, SI 2018/132, which came into force on 2 April 2018. This Note flags the principal additions and revisions to the Crim PR that corporate crime practitioners should note. For general guidance on the Crim PR’s purpose and scope, see Practice Note: The Criminal Procedure Rules. Overview of the changes The principal April 2018 amendments to the Crim PR for corporate crime lawyers include: New rules on: ...
Introduction The CPTPP is a free trade agreement bringing together 11 countries: Australia Brunei Darussalam Canada Chile Japan Malaysia Mexico New Zealand Peru Singapore Vietnam It builds on the original Trans- Pacific Partnership ( TPP), to which the United States was also a negotiating partner. The CPTPP preserves all TPP provisions except those on accession, entry into force, withdrawal, and the authentic texts of the TPP. Other applicants include China, Costa Rica, Ecuador, Taiwan and Uruguay. The UK applied on 1 February 2021. On 31 March 2023, the UK government announced it had substantially concluded negotiations to accede. On 15 July 2023, the UK acceded to the CPTPP at a meeting of CPTPP trade ministers. The UK’s deal is set out in the Protocol of Accession, which is published, alongside market access...
This Practice Note offers practical, hands-on guidance on sanitary and phytosanitary ( SPS) measures under the Comprehensive and Progressive Trans- Pacific Partnership Agreement ( CPTPP). Introduction The CPTPP is a free trade pact bringing together 11 economies in total: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. It succeeds the original Trans- Pacific Partnership Agreement ( TTP), to which the United States had also been an earlier negotiating participant. In substance, the CPTPP carries across all TPP provisions, except those concerning accession, entry into force, withdrawal, and the designation of the authentic treaty texts as agreed by the parties. A number of additional states have sought to join the CPTPP, namely China, Costa Rica, Ecuador, Taiwan and Uruguay to date. The UK submitted its formal application on 1 February 2021 to commence accession. On 31 March 2023, the UK...
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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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