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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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ARCHIVED: This archived note, originally issued in October 2008 and revised in 2013, was produced by The Chartered Governance Institute (previously called ICSA......
ARCHIVED : This Practice Note has been archived and is not maintained . This EU employment and social policy tracker outlines significant cases from 2021 to 2023 across the following themes: working conditions—working hours, part-time and fixed-term arrangements, and posting of workers informing and consulting employees on collective redundancies and company transfers equal treatment and discrimination in the workplace social policy rules and social security coordination The most recent notable employment and social policy developments are available in Practice Note: EU employment and social policy tracker. 2023 Cases Case C‑148/22, OP v Commune d’ Ans Judgement date: 28 November 2023 Key facts/analysis: The Court of Justice examined bans on employees wearing visible signs that could reveal ideological or philosophical affiliation or political or religious beliefs. It held that Article 2(2)(a) of Council Directive 2000/78/ EC, establishing a general framework for equal treatment in...
ARCHIVED: This archived Practice Note is no longer updated and is provided solely for background information. Certain links might not take you to the provisions as they stood on the date the guidance in this Practice Note was issued......
This case tracker brings together key employment judgments issued in 2018. For live, noteworthy proceedings, see Practice Note: Case tracker— Employment. Where available, links to Employment news analysis are provided. The Lexis®+ UK Employment team welcomes suggestions for further cases of interest to subscribers; please use the ‘ Contact Us’ button above and the Lexis®Ask facility to share details. STATUS AND WORKER CATEGORIES Case: Kowal v The Doctors Laboratory Citations: 2200444/2017, 2200445/2017, 2200446/2017, 2200447/2017, 2200448/2017 Topic: Employment status — whether a courier is an employee for unfair dismissal and discrimination. Position: The respondent accepted the claimants are workers, not self‑employed, and, on settlement, agreed some claimants were employees (see LNB News 09/02/2018 109 ‘ Gig economy: Settlement sees blood couriers get full employment rights’). Court: Central London Employment Tribunal History: Claims filed on 7 March 2017; listed for a...
ARCHIVED This archived Practice Note is kept for historical interest and to give practitioners a concise snapshot of 2017 case law developments. It monitored extradition appeal decisions month by month during 2017. If you know the judgment date, use the list below to jump to the matching table. Alternatively, search this Practice Note with [ CTRL]+[ F] for a case name, citation or relevant term. Cases by month: December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2017 Fox v Public Prosecutor's Office of Frankfurt am Main [2017] EWHC 3396 ( Admin), [2018] All ER ( D) 10 ( Jan) Extradition— Order for extradition. The judge correctly concluded there were no reasonable grounds to believe the German competent...
Introduction This Practice Note aims to present a succinct outline of the arbitration environment in the Territory of the Virgin Islands (the ‘ BVI’). For background purposes, the BVI is a British Overseas Territory. It possesses its own constitution (the Virgin Islands Constitution Order 2007, which superseded the Virgin Islands Constitution Order 1976), its own legislature, which is responsible for enacting laws, and its own distinct system of government. UK law forms part of BVI law where it is expressly received into local law or where it constitutes an element of the common law ( Common Law Declaration of Application Act ( Cap 13), section 2). Note: the cases mentioned below are reported by Lexis Nexis® The legislative framework The BVI’s first arbitration statute was the Arbitration Act 1976 (the ‘1976 Act’). The 1976 Act was not amended or updated following its original enactment and...
This Practice Note considers important alternative forms of leasing that may arise beyond conventional operating or finance leases. The most appropriate structure selected for any transaction will change from time to time, shaped by the taxation environment and by the regulations that exist in the relevant countries in which the arrangement is to be structured. As most leasing arrangements are set up to secure the maximum tax benefits and allowances available, the structure adopted will, to a significant extent, depend on the tax and accountancy laws in the particular jurisdiction. Synthetic leases Originating in the United States, synthetic leases are structured so that, for accounting purposes, they are recognised as a lease, yet for US federal tax purposes they are treated as a loan. These leases are typically employed to fund the construction or acquisition of property projects, significant assets or equipment, and can finance the entire cost at...
By virtue of section 25(2)(d) of the Matrimonial Causes Act 1973 ( MCA 1973), the court must take into account the age of each party to the marriage and how long the marriage has lasted. An equivalent requirement is contained in the Civil Partnership Act 2004 ( CPA 2004), Schedule 5, Part 5, paragraph 21(2). Age of the parties Age will usually have a direct bearing on the other considerations under MCA 1973, s 25 or CPA 2004, Sch 5, Pt 5; it is assessed alongside the duration of the relationship, earning capacity, needs and contributions. Pension matters tend to be more prominent for parties in their fifties and of lesser significance for those in their thirties (see Practice Note: General principles—pensions in family proceedings). In a similar way, present and future earning capacity for parties in their fifties or sixties will be...
This Practice Note explains the accounting for business combinations, along with key financial reporting issues that may emerge from how M& A transactions are structured, and the ways in which these matters can influence negotiation of the acquisition agreement......
CASE HUB ARCHIVED This case hub is archived and reflects the position at the date of the judgment of 7 July 2015; it is no longer maintained. See further: timeline and related/relevant cases. Case facts An appeal was brought before the General Court against the Commission decision of 29 October 2013 denying AXA Versicherung AG access to parts of the Commission’s administrative file concerning the ' Car glass cartel' inquiry. AXA seeks these papers to support a damages claim it is pursuing before a national ( German) court. Outline On 7 July 2015, the General Court set aside the Commission’s decision in part, but only insofar as it concerned access to a limited subset of the documentation requested. Any EU citizen, or any natural or legal person living in a Member State (or with its registered office there), enjoys a right of access to documents held by the EU’s...
Intellectual Property Rights ( IPRs) give proprietors the practical ability to bar others from exploiting the protected subject matter. Blocking, or even threatening to block, third parties in this manner usually raises no issues under competition rules. Yet, in the relatively rare scenario where the IPR holder occupies a ‘dominant position’—that is, economic strength allowing it to operate, to a large degree, without effective competitive constraints—use of such exclusionary powers can sit uneasily with competition law. IPRs appear in several guises (eg trade marks, copyright, patents) and frictions may surface in multiple settings. Flashpoints most often involve patents and software copyright. Abuse of dominance under Article 102 TFEU EU case law recognises that dominance carries a special responsibility for the dominant undertaking. That responsibility obliges it to avoid forms of rivalry that are not ‘on the merits’. Because the contours of this notion are...
When resolving disputes seated in the United States of America ( USA or US) through arbitration, domestic parties may select from several arbitral bodies to run the case management and administration. This Practice Note aims to familiarise legal practitioners with the arbitral providers most often engaged in the US: the American Arbitration Association ( AAA); the International Institute for Conflict Prevention and Resolution ( CPR); and JAMS. It sets out the principal distinctions among these organisations regarding panel (tribunal) appointment, governing rules, and arbitration charges, together with other notable aspects. In this Practice Note, the following rules are referenced, unless indicated otherwise: AAA Commercial Arbitration Rules and Mediation Procedures (2022) in force 1 September 2022 ( AAA Rules; AAA) CPR Rules for Administered Arbitration (2019) in force 1 March 2019 ( CPR Administered Rules; CPR) JAMS Comprehensive Arbitration Rules & Procedures (2014) in force 1 June 2021 ( JAMS...
CASE HUB ARCHIVED This archived case hub reflects the position as at the order dated 4 July 2014 and is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline A. C. Nielsen Company Limited appealed the OFT’s clearance of the Information Resources Inc./ Aztec Group merger and its decision not to refer the transaction to the Competition Commission (case 1227/4/12/14). On 4 July 2014, the CAT set aside the OFT’s decision and sent the matter back to the CMA. Parties A. C. Nielsen Company Limited ( A. C. Nielsen) — a US-based market research company operating in more than 100 countries, supplying retail measurement services in the UK. Competition and Markets Authority — took over the OFT’s functions on 1 April 2014. Information Resources Inc. ( IRi) — a US-based company that acquired Aztec...
This Practice Note offers practical guidance on export controls within the framework of the WTO’s General Agreement on Tariffs and Trade. It sets out the three exceptions that permit the use of export controls: Prohibition on Quantitative Restrictions General Exception Security Exception What are export controls? Export controls are laws or regulations applied to a wide range of goods. They typically cover certain commodities, software, technology and weapons, and can also apply to food, live animals and plants, products derived from plants and animals, and medicines. The degree of control varies: Some exports are completely prohibited Others may proceed only within specified quantity limits Certain products require prior authorisation, such as an export permit or licence The goods affected and the mechanisms used differ between countries; therefore, domestic legislation must be consulted to understand the applicable export control regime......
January 2020 Date Event 31 January 2020 Exit day deferral: On 19 October 2019, the UK sought to prolong the Article 50 withdrawal window until 31 January 2020. On 28 October 2019, the EU27 Ambassadors agreed to that new date (see LNB News 28/10/2019 37). However, the European Union ( Withdrawal Agreement) Act 2020 introduces an implementation period / transition period and, for this purpose, includes a series of amendments to the EU( W) A 2018, notably pushing back various provisions from exit day to the end of the implementation period. See: LNB News 24/01/2020 6 February 2020 Date Event 1 February 2020 The UK government had notified the Dutch Ministry of Foreign Affairs that the UK and Gibraltar’s accession to the Hague Convention of 30 June 2005 on Choice of Court Agreements was paused until 1 February 2020. As the...
Why is the exemption for financial services important? VAT is a significant consideration for businesses in the financial sector, as the provision of certain types of financial services to customers in the UK is exempt from UK VAT under the exemption. This is significant because: businesses do not charge any VAT on services falling within the exemption, and those businesses cannot recover input VAT on supplies or purchases they acquire in the course of making an onward exempt supply The financial services exemption from VAT The UK’s VAT exemption for financial services is founded on the relevant provisions of Directive 2006/112/ EC (the VAT Directive). These have been enacted into domestic law by Group 5 of Schedule 9, Part II to the Value Added Tax Act 1994 ( VATA 1994), which specifies a range of items within the exemption. This Practice Note contains...
UK and US secondary (private) debt trading markets closely resemble each other when deals are executed on the document suites published by the Loan Market Association ( LMA) in the UK and the Loan Syndications and Trading Association ( LSTA) in the US. For details on the documentation, terms and mechanics for LMA secondary trades, consult the following Practice Notes: Overview of the principal documentation in a standard secondary debt trade Secondary debt trading — timeline for a typical trade Secondary debt trading — finalising the trade confirmation Key provisions of the LMA standard terms and conditions for secondary debt trading Over time, the two debt-trading regimes and conventions have markedly converged, so in most key respects they are largely alike. That said, there remain certain material distinctions between the regimes and conventions, as set out...
What does this Practice Note cover? This Practice Note explains the scope of Sections 7 to 14 of the International Swaps and Derivatives Association, Inc ( ISDA), often described as the ‘back-end’. ISDA documents The 1992 and 2002 ISDA Master Agreements (the Master Agreements) are standard-form documents produced by ISDA. In this Practice Note, any reference to Sections of a Master Agreement or to Parts of a Schedule is, unless indicated otherwise, a reference to the 2002 ISDA Master Agreement and its Schedule. For general information on negotiating ISDA Master Agreements, see Introduction to negotiating ISDA documents. The 'back end' of an ISDA Master Agreement This element of the Master Agreement corresponds to what is commonly termed the ‘boilerplate’ in financing documentation. See Boilerplate for more information. It sets out provisions addressing matters such as currencies, governing law, notices and related points. Although it is not usually the...
Practice Direction 9D— Applications by currently appointed deputies, attorneys and donees in relation to P’s property and affairs ( PD 9D) Practice Direction 9D ( PD 9D), made under rule 9.11 of the Court of Protection Rules 2017 ( COPR 2017), provides a streamlined route for current deputies (and attorneys) to make routine applications connected to their powers and responsibilities. It is intended to be used where the deputy reasonably considers that objections are improbable and where the order requested will not have a significant impact on P’s estate or interests. PD 9D, paragraph 4, explains that applications apt for this short-form process include, without limitation: regular payments to the deputy for remuneration minor adjustments to expenses met from P’s estate alteration of an accounting period change to the deadline for filing an annual account ...
This Practice Note outlines the core principles for recovering damages arising from contractual breach. It addresses the compensatory purpose of damages; categories covering pecuniary and non-pecuniary loss; nominal damages; damages available under the Sale of Goods Act 1979 ( SGA 1979); the operation of default damages clauses; contractual mechanisms for remedying a breach; and the availability of interest. As stated by Baron Parke in Robinson v Harman, the party who suffers loss through breach should, in terms of damages, be placed in the position they would have occupied had the contract been performed... Compensatory function of damages for breach of contract The ordinary role of contractual damages mirrors that in tort: they are compensatory (see, for example, British Westinghouse v Underground Electric Rlys). The purpose is to make good the actual loss sustained by the innocent party and, so far as money can achieve it, to place them in...
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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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