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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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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 Schedule of amendments A compiled list of changes to a standard form contract in which the parties record their agreed departures from the issued terms. Accordingly, it should be read alongside the underlying standard form. The parties should ensure any negotiated and agreed schedule of amendments is duly incorporated into the contract. Within NEC3/ NEC4 suites, such alterations to the standard form are known as Z clauses. Refer to Practice Notes: Construction contract documents and Selection of standard form construction contracts, and to our relevant Precedent schedules under the Precedents tab in subtopics: JCT contracts 2024—overview, JCT contracts 2016, JCT contracts 2011, NEC contracts and Other standard form construction...
Development of the rules CIMAR denotes the Construction Industry Model Arbitration Rules, issued by the Society of Construction Arbitrators ( SCA) together with the Joint Contracts Tribunal ( JCT). Prompted by the Bill that became the Arbitration Act 1996 ( AA 1996), the SCA set in motion the creation of model arbitration rules intended for uptake across construction bodies. Committees were convened under Lord Justice Auld’s chairmanship—a plenary group, a steering group and a drafting sub-committee—which adopted the title CIMAR. The SCA released the first edition in 1998. In 2005 the JCT produced its own iteration, followed by updates in November 2011, June 2016 and April 2024 to align with its 2011, 2016 and 2024 contract suites; however, the text itself was unchanged from the 2005 version. Broadly, the Rules mirror AA 1996. Provisions of immediate relevance from AA 1996 appear after the...
Competition law touches organisations of every scale—from large multinationals trading across numerous territories to small and medium-sized businesses. This Practice Note sets out example questions to help conduct a high-level competition audit. The outcome of any competition analysis will largely depend on the particular parties and the markets in which they operate. As the checklist below simplifies complex issues, you should carefully consider whether each sample question is appropriate to the circumstances of the company being audited... Sample questions Please supply a full list of the markets in which [company] operates, together with a brief description of these activities. For the product/service markets identified above that [company] believes it competes in, please estimate [company]'s market shares. Do they exceed 40%? Does [company] ......
Investment treaty disputes can proceed according to the procedures of numerous institutions or on an ad hoc basis. Every forum or organisation applies its own set of provisions, each bringing particular advantages and potential pitfalls. The table below offers a concise point of reference to the investment arbitration frameworks of several prominent bodies: the Singapore International Arbitration Centre ( SIAC), the Arbitration Institute of the Stockholm Chamber of Commerce ( SCC), the International Centre for Settlement of Investment Disputes ( ICSID), the United Nations Commission on International Trade Law ( UNCITRAL), China International Economic Trade Arbitration Commission ( CIETAC) and the Permanent Court of Arbitration ( PCA). It is a broad-brush summary highlighting where key institutional and ad hoc international arbitration rules align and diverge. It is not a replacement for tailored legal counsel on the procedures and governing laws...
Issuing interim and emergency (urgent) measures Invoking interim and emergency (urgent) measures is a key means by which national courts and arbitral tribunals can bolster the arbitration process. The term ‘interim and emergency’ embraces a broad spectrum of steps, including injunctions and preservation orders, which, in essence, protect the arbitral process from being undermined by making any award incapable of performance or pointless. The measures or relief a tribunal may grant will be shaped, at least in part, by the arbitration rules (if any) adopted by the parties, and those seeking such orders should be sure of the relevant tribunal’s powers. The law of the seat will also usually be pertinent when defining the extent of those powers. Parties may, and should, also turn to courts with jurisdiction over their arbitration (that is, the courts of the seat) for assistance, either in addition to or in...
Introduction The Community Infrastructure Levy ( CIL) is a financial charge applied to development. Its statutory footing sits in Part 11 of the Planning Act 2008 ( PA 2008), which authorises the Secretary of State to create regulations for imposing CIL. Those provisions were brought into effect through the Community Infrastructure Levy Regulations 2010 (the CIL Regulations, SI 2010/948). CIL operates across England and Wales. Levying is undertaken by ‘charging authorities’ on specified development within their jurisdiction, with sums collected by designated ‘collecting authorities’. For detailed guidance on who the charging and collecting authorities are, when liability arises, and the timing and payer of CIL, see Practice Note: Community Infrastructure Levy ( CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid. In defined situations, certain parties may seek a review or bring an appeal against particular decisions made by a...
Importance of common land Common land offers multiple advantages, such as: economic—pasture for livestock, jobs and revenue from sporting use and tourism agricultural—stock grazing on commons, upholding sustainable agricultural management biodiversity—retaining natural vegetation rich in flora and fauna, safeguarding varied habitats and supporting SSSIs archaeological—conserving landforms and features in undisturbed soils, protecting significant archaeological and historic sites recreational—public and visitor enjoyment of the landscape, open space for communities cultural—community spaces for long-standing and traditional activities The Commons Act 2006 ( Co A 2006) empowers government to protect and safeguard commons. Prohibition on works to common land without consent Under Co A 2006, s 38, approval from the Secretary of State or Welsh Ministers (the ‘determining authority’) is needed before undertaking ‘restricted works’ on: any land entered on the commons register (see Practice Note: Creation and...
This Practice Note explores how the stages of commercial property sales differ between England and Wales and Scotland, covering pre-contract, contract, post-contract, completion or settlement, and post-completion or settlement. Assuming a straightforward transaction with no funding, the outline below sets out the principal steps at each stage for both jurisdictions... Pre-contract England and Wales Buyer submits pre-contract enquiries to the seller Buyer undertakes due diligence and orders required searches (for example official copies, land charges searches, coal mining reports, and local authority search and enquiries), see Practice Note: Pre-contract searches Seller circulates a draft contract incorporating the standard conditions of sale The parties negotiate the draft contract Buyer makes an official search with priority; see Pre-completion searches—checklist Scotland Seller supplies a title pack, comprising a copy title sheet where registered in the Land Register, or title deeds if still in the...
An increasing cohort of developers is reporting that co-located battery storage schemes have secured project finance. This marks significant progress, given that as recently as 2018 grid-scale batteries were treated as an emerging asset class, with many funders having written them off as unsuitable for project finance. This Practice Note sets out key considerations for both lenders and developers looking to project finance co-located battery storage projects. For more information on: construction considerations for co-located battery storage projects, see Practice Note: Energy storage—construction issues property aspects regarding co-located battery storage projects, see Practice Note: Battery storage projects—property issues planning matters, including in relation to co-located battery storage, see Practice Note: The planning regime for energy storage in England and Wales battery storage projects more broadly, see Practice Notes: Scaling up energy storage—revenue opportunities in Great Britain and Energy storage...
CASE HUB ARCHIVED This archived case hub records the position as at the decision date of 1 August 2017; it is no longer being maintained. For further details, see the timeline, commentary and related cases. Case facts Outline: UK merger review into the proposed combination between Central Manchester University Hospitals NHS Foundation Trust and University Hospital of South Manchester NHS Foundation Trust. Latest developments On 1 August 2017, the CMA granted full, unconditional clearance for the transaction. The CMA also determined that, although the merger could lessen competition in the provision of NHS elective services and NHS specialised services, the overall reduction in competition would ultimately be outweighed by significant benefits for patient care......
CASE HUB ARCHIVED – this preserved case hub sets out the position as at the decision date of 17 January 2019; it is not maintained. See further: timeline. Case facts Outline UK merger inquiry into the completed purchase by Menzies Aviation ( UK) Limited of part of the business of Airline Services Limited. The deal created horizontal overlaps in the supply of de-icing services and ground handling services at several UK airports. Latest developments On 17 January 2019, after an in-depth phase 2 review, the CMA published its final report, approving the transaction unconditionally. Parties Menzies Aviation ( UK) Limited ( Menzies Aviation) is a UK-based supplier of landside and airside services to airports and airlines. Menzies Aviation is a subsidiary of John Menzies plc. Airline Services Limited is a UK-based company providing aircraft presentation and cabin interior support services to the airline industry. The assets acquired comprise the...
CASE HUB ARCHIVED – this archived case hub sets out the position as at the date of the decision on 16 March 2017; it is no longer updated. See further, the timeline and associated commentary. Case facts Summary of the UK merger investigation into the completed corporate purchase by Diebold, Incorporated of Wincor Nixdorf AG. The deal features horizontal overlaps in markets for supplying ATMs (cashpoints) to banks and independent ATM deployers, ultimately resulting in a ‘3–to-2’ merger. Latest developments On 16 March 2017, the CMA published its final report and cleared the deal subject to remedies. The CMA concluded the merger has led to an SLC in the UK market for the supply of customer‑operated ATMs, where the parties are two of the only three suppliers. As remedies, Diebold must divest either its own or Wincor’s...
CASE HUB ARCHIVED – this archived case hub reflects the position at the date of the decision of 15 January 2016; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline UK merger inquiry into BT Group plc’s proposed acquisition of EE Limited. The deal features horizontal overlaps and other non-horizontal matters within the telecommunications industry. Latest developments On 15 January 2016, the CMA cleared the merger without conditions, endorsing its provisional conclusions. Parties BT Group plc ( BT). BT is a UK-based business and the largest provider of fixed communications services nationwide. It also operates as a Mobile Virtual Network Operator ( MVNO). BT supplies numerous fixed services to other communications providers, including mobile backhaul for mobile operators (such as EE, O2, Three and Vodafone), linking radio masts to their core networks. BT also delivers wholesale broadband to...
CASE HUB ARCHIVED — this archived case hub reflects the position at the date of the decision of 17 March 2020; it is no longer maintained. See further, timeline and commentary Case facts Outline UK merger inquiry into the completed purchase by Bottomline of Experian’s EPG business and associated assets. The deal featured horizontal overlaps within markets for payment software. Latest developments On 17 March 2020, the CMA published its final report, concluding that the transaction had not resulted in, and was not expected to result in, an SLC in payment software markets. Consequently, the CMA cleared the acquisition without conditions. Parties Bottomline Technologies, (de) Inc ( Bottomline), a US-based provider, delivers electronic payment, invoice, and document automation solutions primarily across the US, Europe, and the Asia- Pacific. Experian Limited ( Experian) forms part of a group whose parent company, Experian plc, is listed on the London Stock...
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision dated 9 July 2020 and is no longer updated. For more, see the timeline, commentary and related cases. Case facts Outline: CMA investigation under Article 101 TFEU/ Chapter I and Article 102 TFEU/ Chapter II into Aspen’s suspected infringement of competition law regarding the supply of fludrocortisone acetate tablets in the UK. Latest developments On 9 July 2020, the CMA issued an infringement decision, concluding that Aspen unlawfully agreed to pay two rival firms, Amilco and Tiofarma, to refrain from entering the UK market for fludrocortisone acetate tablets, enabling Aspen to remain the sole UK supplier of fludrocortisone and increase prices by 1,800%. The CMA levied a penalty totalling £2.3. Aspen has also paid £8m to the NHS. Parties Aspen Pharmacare Holdings Ltd, Aspen Global Inc., Apsen Pharma Ireland Ltd, and Aspen Pharma...
CASE HUB See further, case facts and timeline Case facts Outline CMA Chapter II CA98 inquiry into Google’s conduct relating to ad tech and header bidding services. Latest developments On 6 September 2024, the CMA issued a statement of objections, alleging Google abused its dominant position by ‘self preferencing’ its own ad exchange. Parties Google UK Limited, Google Ireland Limited, Google LLC and Alphabet Inc ( Google). Google is a US multinational technology company. Background Online platforms and digital advertising market study On 1 July 2020, the CMA released its final report on online platforms and digital advertising. It highlighted significant concerns and assessed potential remedies to address market power in ad tech. The report also examined Google’s role in header bidding services, which sit within the wider ad tech stack. Investigation into header bidding services On 22 March 2022, the CMA opened: (i) a Chapter I investigation into whether Google and Meta entered into an...
CASE HUB NOTE—appeals lodged before the CAT in 1587/1/12/23 and 1588/1/12/23 ARCHIVED This archived case hub captures the position as at the decision of 23 March 2023; it is no longer maintained. For more, see the timeline and commentary. Case facts Outline of a CMA Article 101 TFEU/ Chapter I investigation into suspected cartels in the market for the supply of demolition and asbestos removal services, involving bid rigging. Latest developments On 8 February 2024, the High Court refused an application by Mr Nicholas Brown to remain a director, notwithstanding his competition disqualification undertaking under section 9B of the Company Directors Disqualification Act 1986. Parties Brown and Mason Group Limited ( Brown and Mason): one of Europe’s largest demolition, dismantling and asbestos removal companies. Cantillon Limited and its parent company, Cantillon Holdings Limited (together, Cantillon): one of the UK’s leading demolition and enabling works...
CASE HUB ARCHIVED— This archived case hub records the position as at 31 July 2019, the date on which director disqualification undertakings were announced; it is no longer being maintained. For more detail, see the timeline and commentary. Case facts Outline CMA investigation under Article 101 TFEU/ Chapter I into suspected price-fixing in the UK market for the provision of design, construction and fit-out services ( Case 50481). Latest developments On 7 October 2019, 14 November 2019 and in December 2019, the High Court issued orders confirming that Mr Aki Stamatis and Mr Sion Davies were permitted to continue to act as directors, subject to strict conditions specific to this case. During their disqualification period, the two directors may engage in the management of certain Fourfront Group entities, but they are barred from holding the directorship of any other...
This table summarises concluded CMA, OFT and sectoral regulator probes from 2013 brought under Article 101 TFEU/ Chapter I of the Competition Act 1998. Only matters placed in the public domain appear here. For live conduct cases, see UK behavioural investigations—ongoing cases tracker. For appeal updates, see UK competition appeals—ongoing cases tracker. For closed Article 102/ Chapter II conduct, see UK behavioural investigations—closed cases tracker. For CMA director disqualification actions, see UK competition director disqualifications—cases tracker. 2025 Case name, companies under investigation and industry Competition authority Issues Developments Housebuilders (51392) — Barratt Developments plc, Bellway plc, The Berkeley Group plc, Bloor Homes Limited, Persimmon plc, Redrow plc, Taylor Wimpey plc and Vistry Group plc — CMA — Anti-competitive arrangements—information exchange Commitments accepted — 30/10/2025 ...
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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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