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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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Individuals making requests under the Freedom of Information Act 2000 ( FIA 2000) ought to be able to complain to the public authority if their information request is refused, in full or in part, or if they are dissatisfied with how the authority has dealt with it. While the FIA 2000 does not legally oblige authorities to operate an internal review process, the Freedom of Information Code of Practice (the Code) advises, as best practice, that every authority should adopt one. The Code is not enforceable in law, but it sets out guidance to help public authorities meet their duties under the FIA 2000. The Information Commissioner’s Office ( ICO) promotes adherence to the Code and can intervene or issue recommendations where standards are poor, even if the conduct does not amount to a breach of the FIA 2000. The Code requires that any...
This Practice Note considers the following commercial and legal issues arising from the use of free and open source software: What is free and open source software? History Upstreaming and forking Free and open source licences Distribution of modified works (and the reciprocal effect) Linking and incorporation Software as a service ( Saa S) Compliance requirements Licence incompatibility Bare licence or contractual licence Patents Trade marks Corporate transactions Software bill of materials Software licensing to the end user Enforcement Free and open source software (sometimes called ‘ FOSS’) is a collective term for software released under a licence granting recipients the rights to use, adapt, and share it—whether unchanged or modified—without fees or royalties, with the source code made available. In contrast, the software licences most familiar to...
It is widely accepted that corporate collapse can frequently give rise to fraud allegations. The Insolvency Act 1986 ( IA 1986) includes ten provisions whose titles contain the term ‘fraud’ or ‘fraudulent’ in their headings—although, when analysing provisions such as IA 1986, s 423 (transactions defrauding creditors), as this Practice Note will consider below, it becomes clear that, at least in that context, ‘fraud’ in the modern legal sense is not a required component or element. Enquiries into fraud following the insolvency of a company (or that of a corporate group) can take many forms in practice, including, in particular, ventures incorporated purely as a vehicle for fraud or those involving some manner of group investment, which likely produced an unlawful collective investment scheme ( CIS) that breaches, among others, the Financial Services and Markets Act 2000......
Offence of fraudulent evasion of VAT It is an offence under section 72(1) of the Value Added Tax Act 1994 ( VATA 1994) for any person to be knowingly involved in taking steps intended to fraudulently evade Value Added Tax ( VAT), whether for themselves or for someone else. The offence is triable either way. This conduct is sometimes referred to as VAT fraud. The provision concerns those knowingly concerned in steps aimed at evasion. There is also a lesser offence under VATA 1994, s 72(10), which provides that a person commits an offence if they: acquire or handle goods, or accept the provision of any services; and have reason to believe that VAT on the supply of those goods or services, or on the importation of the goods, has been or will be evaded This lesser offence is summary only with a maximum...
Loan market and developments Provide a concise outline of the present condition of the loan markets in your jurisdiction and any notable recent shifts. Bank lending facilities remain the principal source of finance for small and medium-sized enterprises ( Petites et Moyennes Entreprises) and mid-cap businesses ( Entreprises de Tailles Intermédiaires). That said, these companies increasingly seek to broaden their funding mix to avoid overreliance on bank borrowing and to secure instruments with longer maturities. Corporates are turning more frequently to bond issuance, in particular via unirate loan structures, which deliver a single tranche blending senior and mezzanine debt under one credit line taken up by a private fund. The chief obstacle to widening funding channels lies in the French banking monopoly restrictions described below. This ongoing shift aims to balance liquidity needs, reduce concentration risk with lenders, and align funding horizons with...
STOP PRESS : Be advised that on 26 March 2026, the first Practice Direction ( PD) Update to the Family Procedure Rules 2010 ( FPR 2010) for 2026 was issued, introducing amendments to FPR 2010, PD 27A. This Practice Note is in the process of being revised to take account of those updates. See News Analysis: Family Procedure Rules 2010 Practice Direction Update No 1 of 2026. This Practice Note explains the various page limit requirements applicable to all proceedings other than financial remedy proceedings as set out in the Family Procedure Rules 2010 ( FPR 2010), with particular reference to FPR 2010, PD 27A, and compares the position before and after the changes to FPR 2010, PD 27A that take effect from 2 March 2026. FPR 2010, PD 27A ( Family proceedings: court bundles) A revised version of FPR 2010, PD 27A, replacing the...
The Foreign Judgments ( Reciprocal Enforcement) Act 1933 ( FJ( RE) A 1933) The FJ( RE) A 1933 streamlines enforcement in England of overseas monetary judgments. In New Cap Reinsurance Corp v Grant, the Supreme Court held that a preference order from Australian liquidation proceedings could be registered and enforced under the FJ( RE) A 1933 against persons resident in England. This was the first use of the Act in insolvency proceedings. This Practice Note considers the FJ( RE) A 1933, its deployment in New Cap Re and its application to foreign insolvency judgments generally, and how it sits with other ways the English courts aid cross-border insolvencies. The FJ( RE) A 1933 allows civil and commercial foreign money judgments to be registered and then enforced in England. It applies to the following jurisdictions: France Belgium Pakistan India Germany Norway ...
As seen in Practice Note: Illegality in civil claims, whilst there is no standalone civil cause of action of ‘illegality’, issues of illegality may surface within a civil dispute, typically as a defence to a claim. When evaluating ‘illegality defences’ the English courts look beyond what is unlawful under English law; they will also decline to enforce a contractual duty if performance would oblige the obligor to commit a criminal offence in the country where performance is due. What is the Ralli Bros principle? The ‘ Ralli Bros principle’ derives from Ralli Brothers v Compania Naviera Sota y Aznar and states that a contractual obligation will not be enforced where its performance would require the obligor to commit a criminal offence in the place of performance. In Ralli Bros, the question concerned freight owed by English charterers to Spanish shipowners for carrying jute from...
This Practice Note examines confidentiality when applying for a forced marriage protection order ( FMPO). It also considers the court’s powers to permit evidence to be withheld and the guidance issued by the courts on disclosure. Confidentiality If an applicant wishes to keep their address, or the address of anyone named in the application, from the respondents, those details should be omitted and Form C8— Confidential contact details completed. In matters involving honour, families may make considerable efforts to discover the applicant’s whereabouts. Care must be taken to safeguard confidential addresses, telephone numbers and other particulars to protect the parties, any children, and, where relevant, foster carers and social workers. Courts should think very carefully about how confidential information is stored and who can access it. Solicitors acting for clients in FMPO proceedings should review who has access to their files and consider where the...
The fluency duty ARCHIVED: This archived Practice Note examines the public sector ‘fluency duty’, meaning the obligation for staff in customer‑facing positions within public authorities to use the English language fluently (or in Wales, both English and Welsh). From 21 November 2016 a statutory duty applies to workers in such roles to be fluent in English (and, in Wales, in English and Welsh). The policy was introduced on the basis that clear fluency and understanding in all dealings with the public would deliver more efficient and effective public services. For these purposes, fluency requires the ability to speak English (and/or Welsh) with sufficient command to perform the role effectively. A draft statutory Code of Practice to support employers in meeting the fluency duty appeared in October 2016, followed by an updated version in November 2016. The revised Code took effect on 22 December 2016, with a Welsh...
What is a flee clause? A flee clause is a provision in a trust deed that is intended to shift, automatically, the trust property, the office of trustee and the forum for trust administration to a ‘safe’ jurisdiction when specified triggers occur. Common triggers include the collapse of public order, natural catastrophes, socialist measures aimed at seizing private assets, the introduction of a tax that previously did not apply, the bringing in of exchange controls, or a situation where a trust faces creditor attack. Example flee clause AUTOMATIC RETIREMENT OF TRUSTEES AND CHANGE OF JURISDICTION [ A] if any of the circumstances listed in clause B (‘the Emergency Event’) arises, [name of alternate trustee] shall act as the alternate trustee (‘the Alternate Trustee’) and the following shall take effect: (1) Any trustee domiciled in the territory in which the Emergency Event takes place shall, without further act, cease to hold...
ARCHIVED : This Practice Note has been archived and is not maintained. This archived Practice Note is no longer updated. It examines the roll-out of the fixed recoverable costs ( FRC) regime, with particular attention to costs in matters placed on the fast track ( FT) and the new intermediate track ( IT). It explains the four complexity bands used in each track, and addresses how fixed costs apply to purely monetary claims and to mixed claims seeking both monetary and non‑monetary remedies. It also outlines the revision to Part 36, under which a claimant may recover an extra 35% on their FRC where they secure a judgment at least as advantageous as their own Part 36 proposal. The Note chiefly highlights the new Section I of CPR 45 (general provisions), the new Section VI of CPR 45 (fixed costs in the FT), the new...
This Practice Note This Practice Note explains how the courts handle applications under Part III of the Matrimonial and Family Proceedings Act 1984 ( MFPA 1984) or under Schedule 7 to the Civil Partnership Act 2004 ( CPA 2004) after a foreign divorce or the dissolution of a civil partnership, and highlights significant authorities in this context. It addresses the effect of delay, the necessity of a valid marriage and a recognised divorce/dissolution, and the court’s power to order interim maintenance (including provision for legal funding). The framework for determining the disposal of the substantive claim for financial relief following an overseas divorce or dissolution is governed by both the statutory scheme in MFPA 1984, s 18 (and the mirror provisions in CPA 2004, Sch 7 Pt 1) together with judicial guidance, most notably the Supreme Court’s ruling in Agbaje v Agbaje, which remains the...
Reducing the financial burden of defined benefit schemes on employers In recent years, a growing number of employers have sought to avoid or curb their exposure to the increasing costs of defined benefit pension schemes and the risks inherent in running them. To achieve this, many have either restricted entry to their defined benefit scheme—so that no new members are admitted—or, in more severe instances, closed the scheme to the future build-up of benefits. Alternatively, employers may look to amend the scheme’s operating provisions so that benefits accrue on a less generous footing. Each approach aims to limit costs and the scheme risks. One approach is to redesign the scheme so members cease to accrue benefits on a 'final salary' basis (i.e. by reference to pay at, or close to, the date their pensionable service ends) and instead on a 'career average' basis (i.e. by...
This Practice Note examines termination by the Contractor under the FIDIC Red, Yellow and Silver Books 2017. It does not cover termination rights at law, and the governing law of the Contract could influence how certain clauses operate. For further detail on termination by the Contractor in the pre-2017 Red, Yellow and Silver Books, refer to Practice Note: FIDIC contracts (pre-2017 editions)—termination by the Contractor... Who can terminate? Either the Employer or the Contractor may bring the Contract to an end. The relevant procedures are: Clause 15 for Employer termination Clause 16 for Contractor termination Sub- Clause 11.4 [ Failure to Remedy Defects] for additional Employer termination rights Sub- Clause 18.5 [ Optional Termination] permitting termination by both Parties Sub- Clause 18.6 [ Release from Performance under the Law] permitting termination by both Parties For guidance on Employer...
FIDIC contracts adopt a tiered dispute resolution pathway that progresses from adjudication by a dispute adjudication board ( DAB), through amicable settlement, and ultimately to arbitration. The dispute clauses appear at 20.2 to 20.8 in the 1999 Red, Yellow and Silver Books and the Pink Book, and at 20.3 to 20.11 in the Gold Book. This Practice Note examines the dispute resolution provisions in the 1999 Red, Yellow and Silver Books, the 2010 MDB Harmonised edition of the Red Book (the Pink Book), and the 2008 Gold Book. FIDIC published updated Red, Yellow and Silver Books in 2017. Unless stated otherwise, references in this Practice Note to FIDIC contracts and/or the Red, Yellow and Silver Books are to the pre-2017 forms. For guidance on the 2017 contracts, see Practice Note: FIDIC contracts 2017—dispute resolution. When does a 'dispute'...
Help with court fees This Practice Note outlines the ‘ Help with court fees’ scheme (also called fee remission) for court fees due in civil proceedings. Details on court fees and remission in civil cases appear in the Civil Proceedings Fees Order 2008, SI 2008/1053 (as amended). For guidance on the fees for issuing and advancing civil claims, and the sanctions for non-payment, see Practice Note: Court fees in civil proceedings. Court and tribunal charges are, for many, prohibitively expensive. Those in the most straitened circumstances may qualify for assistance. Eligibility depends on meeting strict financial tests for both savings and income. Depending on the criteria, help may cover the entire fee or only part of it. HM Courts and Tribunals Service ( HMCTS) has produced a privacy notice setting out the standards to expect from the Ministry of Justice ( Mo J) and HMCTS when...
Practice Note Retail investment advisers, pension transfer specialists, individuals involved in regulated funeral plan activities, and relevant employees within firms carrying out insurance distribution are required to comply with the professional standards established and overseen by the Financial Conduct Authority ( FCA), which include completing a minimum level of suitable continuing professional development ( CPD) each year. This Practice Note summarises the FCA’s CPD requirements as outlined in the Training and Competence sourcebook ( TC)......
This Practice Note explores the implications of the Financial Conduct Authority’s ( FCA) Consumer Duty for credit unions. The Duty has applied from 31 July 2023 to new and existing products and services that remain open for sale or renewal. For products and services where contracts with retail customers were entered into before 31 July 2023 and have not been marketed or distributed to retail customers on or after that date (including by way of renewal) — referred to here as closed products — the Duty took effect on 31 July 2024. For developments, see The FCA Consumer Duty—timeline. For the principal features with general application, see Practice Note: The FCA Consumer Duty—essentials. For additional materials and sector‑specific practical guidance, see: Consumer protection and FCA Consumer Duty—overview. Key points for credit unions The FCA Consumer Duty applies to all regulated...
The Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) The I( PFD) A 1975 enables the court to alter the dispositions arising under a Will or the rules of intestacy where, at death, the deceased was domiciled in England or Wales. It empowers the court to award, or increase, financial provision for specified categories of claimant identified in the Act. In deciding whether a claimant has received reasonable financial provision, the court must consider the factors set out in section 3 of the I( PFD) A 1975... Did the Will or intestacy provide the claimant with reasonable financial provision? If not, what reasonable financial provision should now be made for that claimant? When addressing these two central questions, section 3(1) requires the court to take into account all the matters listed in that...
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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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