Featured documents
Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
Most recent Practice notes
ARCHIVED: this Practice Note is archived, not kept up to date, and provided for background reference only. Moreover, some links may no longer point to the provisions as they stood on the date this Practice Note’s guidance was published. Key Part 36 cases 2016—what do you need to know? Although the updated Part 36 took effect a little over 18 months ago, intending to ease interpretative difficulties in a scheme designed to encourage settlement (and thereby save court time), problems under Part 36 remain. The position through 2016 is unchanged, with recurring issues continuing to arise despite the revisions......
This Practice Note sets out practical guidance on issuing and serving applications. It explains the appropriate forum for an application, the documents to lodge, how to submit the application, and payment of the relevant court fee. It also identifies who must effect service, what must be served, the timing for service, and the permitted methods. Further, it assists with interpreting and applying the pertinent CPR provisions. Depending on the court handling your case, you may need to observe additional requirements—see the section Court specific guidance below. Alternative provisions apply if your case proceeds within a County Court online claims pilot—see: Starting and managing online claims—overview. In which court should I file my application? Once you have concluded that an application is appropriate (see Practice Note: Pre-application considerations), the next step is deciding the correct court in which to make it. This choice matters...
ARCHIVED: This Practice Note is archived, not maintained, and supplied for background reference only. In addition, some links may no longer direct you to the provisions as at the date this guidance was published. For information on earlier and/or subsequent CPR amendments, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Responses to the questions were given by: Lord Justice Briggs— The Deputy Head of Civil Justice Mr Justice Birss— Senior Court Judge Master Roberts— Senior Court Master Mr Edward Pepperall— Barrister at St Phillips Chambers who chaired the sub-committee on the Part 36 reforms Kate Wellington— Solicitor who is chairing the sub-committee on the Debt pre-action protocol Pre-action procedure for applying for interim payments Question Answer Interim payments are needed to deal with matters including, inter alia, rehabilitation; although the Rehabilitation Code sets out a process and encourages...
ARCHIVED: This Practice Note has been archived, is no longer updated, and is provided solely for reference purposes. Additionally, certain links might not take you to the provisions as they stood when the guidance in this Note was issued......
ARCHIVED: This archived Practice Note is no longer updated and is provided solely for background reference. In addition, certain links may not take you to the provisions as they stood on the date the guidance in this Practice Note was issued. For details about earlier and/or later changes to the CPR, consult: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note includes agenda and minutes of the CPR Committee ( CPRC) meeting on 6 October 2017 and supporting documents......
ARCHIVED: this Practice Note has been archived, is not updated, and is provided solely for background reference. In addition, certain links might not take you to the provisions as they stood when the guidance in this Practice Note was issued. For details on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview......
ARCHIVED: This archived Practice Note is not being updated and is supplied solely for background reference. Additionally, some links may no longer lead to the provisions as they stood on the date this Practice Note’s guidance was published. For information on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note provides the agenda and minutes of the CPR Committee ( CPRC) meeting of 2 February 2018, together with accompanying documentation. At that meeting, the committee considered: Proposed changes to CPR Parts 45 and 36— Gastric Illness claims ( GI claims) linked to package travel claims A consultation exercise on open justice Extending the Pre- Action Protocol for Professional Negligence to include an adjudication pilot scheme Possible amendments to either CPR 40 or the County Court ( Interest on Judgment Debt) Order 1991 ...
ARCHIVED: this Practice Note is no longer updated and is supplied for background only and should be treated. In addition, some links may not lead to the provisions as they stood when the guidance in this Practice Note was issued. For details on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. In force on 17 June 2016— Part 8 claims and evidence These revisions were announced by the Ministry of Justice only on 12 July 2016, yet they apply retrospectively with effect back to the relevant date. CPR PD 8A— Alternative Procedure for Claims CPR PD 8A, paras 17.1 and 17A.1 are to be revised to reflect applications by the Electoral Commission under para 17 of Schedule 3 to the European Union Referendum Act 2015 and the European Union Referendum ( Conduct) Regulations 2016, together with related...
ARCHIVED: This archived Practice Note is not kept up to date and is supplied for background reference only. In addition, some links may not lead to the provisions as they stood on the date this guidance was issued. For details on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. The amendments listed below will be made to the CPR on the dates indicated. They are set out in the Civil Procedure ( Amendment) Rules 2017, SI 2017/95, and in the Making Document for the 88th Update Practice Direction amendments. In force on 28 February 2017—costs in Aarhus Convention claims, judicial review and Admiralty claims Changes to CPR 45 and CPR PD 45—costs in relation to Aarhus Convention claims Section VII of CPR 45 is replaced by a new section to give effect to the Convention on Access to...
ARCHIVED: This Practice Note is archived and is no longer maintained. This Note summarises how the Tribunal Procedure ( Coronavirus) ( Amendment) Rules 2020, SI 2020/416 affect the Special Educational Needs and Disability Tribunal by altering the Tribunal Procedure ( First-tier Tribunal) ( Health, Education and Social Care Chamber) Rules 2008, SI 2008/2699 ( HESC Rules 2008). It should be read alongside the Practice Note: Special Educational Needs and Disability Tribunal ( SENDIST) for the underlying procedural framework. These short-term provisions were introduced to safeguard public health and to keep the justice system operating during the pandemic. Remote hearings will run until at least the close of the 2022 academic year. SENDIST expects video hearings to continue thereafter, with hybrid or in-person hearings where appropriate. What amendments to the Health, Education and Social Care Chamber tribunal are introduced by the Tribunal Procedure (...
ARCHIVED: this archived Practice Note is no longer maintained and is for background information only. After the government published its COVID-19 Response: Living with COVID-19, which removed the remaining domestic legal coronavirus ( COVID-19) restrictions in England from 24 February 2022, the ICO replaced its detailed, specific guidance with shorter guidance on data protection and COVID-19 from 28 March 2022. See: LNB News 28/03/2022 91. This Practice Note reviews the position under the ICO’s earlier, more comprehensive guidance, which was deleted on 28 March 2022. The material addresses the UK GDPR regime, and legislative references are to Assimilated Regulation ( EU) 2016/679, UK GDPR, unless expressly indicated otherwise. The coronavirus ( COVID-19) pandemic is expected to create circumstances requiring an employer to process—ie collect, use and record—personal data and special category data about its workforce, notably health data (health information). Before any such...
This Practice Note outlines what covenants are and why they are used in debt capital markets transactions, and highlights common covenants included in the documentation for a debt securities issue. What is a covenant? Covenants—also referred to as undertakings—are commitments either to carry out certain actions or to refrain from particular conduct. An agreement to act is a positive covenant; an agreement not to act is a negative covenant. In debt capital markets documentation, as in finance documentation generally, covenants are employed to: ensure the obligor provides information needed for monitoring and oversight (information covenants) set financial targets or thresholds for the obligor (financial covenants) define the parameters within which the obligor runs its business and deals with its assets, and impose other ongoing obligations (general covenants) The obligor’s agreement to repay the debt and, where applicable, to pay interest and any premium, is often...
This Practice Note This Practice Note offers guidance on construing and applying the relevant CPR provisions in practice. According to the court where your case is progressing, you may need to account for further requirements that may apply—for more detail, see: Court specific guidance. CPR 20 and CPR PD 20 prescribe the mechanism by which a party may pursue an ‘additional claim’, which encompasses a counterclaim ( CPR 20.2). The Note examines the circumstances in which a defendant may advance a counterclaim against the claimant or introduce one against a new party, and the available routes for doing so. It also addresses how to meet a counterclaim (including the defence to counterclaim and any reply to a defence to counterclaim) together with the effect a counterclaim has on case management. This Note should be read alongside Practice Note:...
This Practice Note explains how arbitration costs are to be set in proceedings under the PCA Arbitration Rules 2012 (with Optional Protocols adopted in 2024) ( PCA Rules), and addresses the following: the assessment of arbitrators’ fees and expenses the allocation of the parties’ legal costs how and when deposits towards the costs of the arbitration are to be paid Definition of costs PCA Rules, art 40 deals with the costs of the arbitration. It broadly mirrors the corresponding provision in the UNCITRAL Arbitration Rules ( UNCITRAL Rules), but PCA Rules, art 40(2)(f) also captures the 'fees and expenses of the International Bureau' within the meaning of 'costs'. Under PCA Rules, art 40(1), the tribunal will fix the costs of the arbitration in the final award or, where it considers it appropriate, in a separate decision. PCA Rules, art 40(2) then sets out an exhaustive list of the...
As with any arbitration, parties should be clear about the costs likely to arise in the case and when those sums will fall due. There are two strands to costs: costs of the arbitration, and each party’s own legal costs Any references to articles in this Practice Note relate to the articles within the arbitration rules of the Dubai International Arbitration Centre ( DIAC and the DIAC Rules). Costs of the arbitration The costs of the arbitration comprise ( Article 36): DIAC’s administrative fees for the claim and any counterclaim the tribunal’s fees and expenses the fees and expenses of any expert appointed by the tribunal the legal representatives’ fees and any expenses they incur any other party’s costs as assessed and determined by the tribunal When are the costs of the arbitration to be...
This Practice Note sets out the employment matters to consider when establishing, operating and bringing to an end a corporate joint venture ( JV). It addresses the following: TUPE transfers Non- TUPE transfers Secondments The harmonisation of employment terms Collective agreements and trade union recognition Pension issues Immigration issues Formation of the joint venture entity Many employment aspects at the outset of a JV will be shaped by the JV’s underlying aims. Although a JV can be created through a variety of structures, from an employee perspective the central question is whether their duties can be regarded as moving from their current employer to the new JV vehicle under the Transfer of Undertakings ( Protection of Employment) Regulations 2006, SI 2006/246 ( TUPE 2006). For more detail, see Practice Note: Preliminary issues (joint...
Glasgow Summit ( COP26/ CMP16) Location: Glasgow, United Kingdom Date: 31 October–12 November 2021 Subject: Climate change, international environmental law, climate targets Background on the UNFCCC The United Nations Framework Convention on Climate Change ( UNFCCC) is a global treaty adopted at the 1992 ‘ Earth Summit’ in Rio de Janeiro. Its purpose is to stabilise greenhouse gas ( GHG) levels in the atmosphere at a point that avoids dangerous human-driven climate change. There are 197 signatories—known as Parties—to the Convention. At the outset, the UNFCCC aimed to set national reference levels for GHG emissions, using 1990 as the base year. The Conference of the Parties ( COP) serves as the Convention’s decision-making body, convening annually, unless Parties agree otherwise, to evaluate progress on climate action. For additional detail, see Practice Note: United Nations Framework Convention on Climate Change...
Indemnities Indemnities serve as a vital means of allocating risk within commercial agreements. They attract hard-fought negotiation and are routinely examined by the courts. Their wording, reach and application differ widely, yet they must not be drafted, assessed or bargained over without a sound grasp of the principles developed in the case law surrounding them. An indemnity clause should never be read alone. It needs to be considered as one of several potential remedies, with clarity on how each differs and the ways they may operate together across the agreement’s remedial framework. Any indemnity provision should be analysed against the contract as a whole and alongside external considerations—such as the deal’s circumstances and insurance—so that the protected risk can be properly understood and advised upon and effectively managed in context. This Practice Note chiefly addresses indemnity clauses used in general commercial...
Law firms may fall within the consumer credit regime: by entering into a consumer credit agreement as a lender, eg in relation to their fees by carrying on ancillary consumer credit activities, such as debt adjusting This Practice Note outlines how the SRA’s consumer credit framework applies to law firms. It reflects the SRA's Consumer credit toolkit and the SRA’s requirements in the SRA Financial Services ( Scope) Rules and the SRA Financial Services ( Conduct of Business) Rules ( COB Rules). Who regulates consumer credit? Before 1 April 2014: consumer credit activities (including entering into consumer credit agreements) were overseen by the Office of Fair Trading ( OFT) law firms benefited from a group licence for consumer credit work issued by the OFT to the SRA and therefore did not need an individual licence to enter into consumer credit agreements with clients or engage in ancillary consumer credit...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Referral Notice After a Notice of Adjudication is issued and an adjudicator is appointed, the dispute must be put before the adjudicator in a formal manner. The Referral Notice is the written document that submits the dispute to the adjudicator. See Practice Note: Adjudication—the Referral Notice and Precedent: Referral Notice for an adjudication. Referring party The party initiating the adjudication of the dispute, ie the claimant. Rejoinder The responding party’s second submission in an adjudication, provided in answer to the Reply from the referring party. Relevant Event Under the JCT form of contract, an occurrence that entitles the contractor to an extension of time to finish the works. See Practice Notes: JCT contracts—time and JCT—interpreting the lists of Relevant Events and Relevant...
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
