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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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Legal services orders In proceedings under the Matrimonial Causes Act 1973 ( MCA 1973) and the Civil Partnership Act 2004 ( CPA 2004), the court may compel a party to pay their spouse’s or civil partner’s legal fees by making an order for legal services, known as a legal services order and, in case law, a legal services payment order. Such an order is available in divorce or dissolution, nullity, or (judicial) separation proceedings, and in linked financial remedy proceedings (described as proceedings for financial relief). The statutory provisions identify the circumstances in which the court may make the order and the factors it must consider. Legal services orders are not available under the MCA 1973 and CPA 2004 statutory framework for claims under Schedule 1 to the Children Act 1989 ( Ch A 1989), the Inheritance ( Provision for Family and...
This Practice Note examines facilities management ( FM) contracting, explaining what it involves and its advantages and disadvantages... A strategic approach to service provision FM contracting is, at heart, a commercial services contracting model, which may comprise: Hard FM – covering the upkeep and fabric of premises, such as mechanical and electrical systems Soft FM – covering support functions within a building, including cleaning, security and helpdesking Total FM – bundled packages that may integrate multiple hard and soft FM services The worth of FM contracting as a contractual mechanism is both economic and operational, enabling organisations to apply FM in strategic and tactical ways to reframe their own business activities... What makes FM different? FM is distinguished as a service sector by the binding contractual relationship between the FM contractor and the client, under which the contractor undertakes services that were...
Under the Extradition Act 2003 ( EA 2003), extradition must take place within the prescribed time limits, which are applied strictly. Time limit for extradition to a category 1 territory Extradition to a category 1 territory must occur within ten days of: the expiry of the seven-day period for giving notice of appeal against the extradition order, or any later date agreed by the extradition judge and the issuing authority in the category 1 territory However, where a requested person gives notice of an application for leave to appeal after the end of the required period, the High Court must not decline to consider the application for that reason if the person did everything reasonably possible to ensure the notice was given as soon as it could be given. In Greece v O’ Connor, the Supreme Court held that there is...
This Practice Note addresses the duty of care for extractive waste in England and Wales only. For guidance on the duty of care relating to controlled waste, see Practice Note: Waste duty of care—controlled waste. Under section 34(6) of the Environmental Protection Act 1990 ( EPA 1990), it is a criminal offence to breach that duty by failing to take all steps that are reasonable in the circumstances. Scope of the extractive waste duty of care EPA 1990, s 34(1A) provides that any person responsible for managing extractive waste must, so far as is reasonable in the circumstances and applicable to them, take measures to: prevent any other person contravening EPA 1990, s 33 in respect of the unauthorised or harmful deposit, treatment or disposal of waste prevent any other person breaching the requirement to hold an environmental permit under the...
Waste from extractive operations (‘mining waste’) Mining waste encompasses materials that must be removed to gain access to mineral resources (but are not actually processed), for example topsoil, overburden and waste rock, as well as tailings—the material left over after the process of extracting the valuable content from an ore. Some fractions are inert and unlikely to present a significant environmental threat; others, in particular those from the non‑ferrous metal mining industry, may contain hazardous substances, such as heavy metals. For more information see Practice Note: Waste types and controls—extractive waste/mining waste The regulation of mining waste in England and Wales is primarily through the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154 (as variously amended), which is the main regulatory legislation governing the environmental permitting and compliance regime applying to a range of activities and...
This Practice Note signposts material on the correct execution of deeds and simple contracts by companies, corporate bodies and corporations, including guidance, Precedent clauses and Q& As. Companies Act 2006 Execution formalities and clauses For direction on executing documents by companies on or after 6 April 2008—the date the relevant provisions of the Companies Act 2006 ( CA 2006) took effect—see Practice Notes: Execution formalities—companies Forming enforceable contracts—authority— Companies Act companies For specimen execution clauses where a Companies Act company is entering into: a simple contract (not a deed), see Precedent: Execution clause—company—contract a deed (as opposed to a simple contract), see Precedent: Execution clause—company—deed Seals For guidance on company seal requirements, see Practice Note: Requirements of the company seal. For detailed information on the use of electronic seals in information exchanges between businesses when signing contractual documents, see also Practice Note: Electronic...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the decision of 20 February 2024; it is no longer maintained. See further, timeline. Case facts Outline of the European Commission’s merger review of the planned joint venture between Orange S. A. and Más Móvil Ibercom S. A. U. ( M.10896). The deal presents horizontal overlaps in the retail and wholesale provision of fixed broadband and mobile services. Latest developments On 20 February 2024, the Commission approved the deal, conditional on commitments. It was concerned that: the merger would create the largest operator by customer numbers; the parties compete closely; and consumers in Spain could face significant price rises. To address these concerns, the parties committed to: transfer spectrum held by Más Móvil to Digi across three frequency bands, namely two medium‑frequency bands (1,800 MHz and 2,100 MHz) and one high‑frequency band (3.5 GHz); and enter into an...
CASE HUB NOTE—appeal lodged before the General Court in Case T- 609/19 ARCHIVED –this archived case hub reflects the position at the date of the decision; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline An inquiry by the European Commission under Article 14(2) of the EU Merger Regulation examined suspected gun-jumping by Canon linked to its 2016 purchase of Toshiba Medical Systems Corporation ( Case M.8179). Latest developments On 27 June 2019, the Commission adopted an infringement decision and levied a €28m fine on Canon. It concluded that Canon had executed the initial phase of a ‘warehousing’ arrangement prior to notifying, or obtaining approval from, the Commission under the EU Merger Regulation, thereby breaching Articles 4(1) and 7(1) of that Regulation. Parties Canon is a Japanese multinational, specialising in the production of imaging and optical equipment. Toshiba Medical Systems...
This outlines and monitors all concluded antitrust sector investigations by the European Commission conducted under Article 17 of Regulation 1/2003, providing a consolidated overview. 2022 Market Issues Developments Internet of Things An antitrust competition inquiry concerning the ‘ Internet of Things’ for consumer-related products and services in the EU. It addresses consumer-related products and services in scope. The inquiry targets consumer-related products and services that link to a network and are operable remotely (ie via a voice assistant or mobile device). Final report published—20/01/2022; competition concerns identified Preliminary report published—09/06/2021 Inquiry launched—16/07/2020 2017 Market Issues Developments E-commerce......
CASE HUB ARCHIVED This archived case hub captures the position as at the decision date of 25 October 2017 and is no longer being maintained. See further, timeline. Case facts ARCHIVE 25/10/2017 Outline An Article 101 TFEU investigation by the European Commission concerning Honeywell and Du Pont (now Chemours, a Du Pont spin-off), recorded under case number AT.39822. Latest development On 25 October 2017, the Commission confirmed that it had decided to close the investigation. This step followed a review of submissions from Honeywell, Chemours, and interested third parties. It also came after the earlier withdrawal of all three formal complaints that had been filed with the Commission. The Commission stated it would continue to keep the chemicals market under close scrutiny, including the R-1234yf refrigerant. Parties Honeywell International Inc ( Honeywell) Chemours (a spun-off unit formerly part of E. I. ......
This Practice Note outlines how the EU and the wider EEA assess whether to recognise the equivalence of third country insurance regulatory regimes. Introduction Regulation of insurance places obligations on firms and groups (insurance groups). Those obligations can be duplicated where an insurer operates across several countries and legal systems at the same time in parallel. When one state, A, recognises another, B, as equivalent, that duplication may, to a greater or lesser extent, be reduced for affected firms. The EU equivalence regime Within the EU, insurance equivalence arises only in respect of prudential supervision, and, even there, its practical reach is notably narrow. There is no EU insurance equivalence covering conduct of business rules (ie dealings with customers) or the work of brokers or other insurance distributors. To make sense of the regime, it helps to look first at the prudential background and what the regime is not,...
On 23 March 2022, the European Commission ( Commission) introduced a Temporary Crisis Framework ( TCF), under Article 107(3)(b) TFEU, enabling Member States to deploy the available flexibilities in State aid rules to bolster the economy in the context of Russia’s invasion of Ukraine. On 9 March 2023, the Commission unveiled the Temporary Crisis and Transition Framework ( TCTF) to back measures in sectors that are pivotal to speeding up the green transition and cutting fuel dependencies. The TCTF superseded the TCF. On 25 June 2025, the Commission adopted the Clean Industrial Deal State Aid Framework ( CISAF) to underpin the Clean Industrial Deal. CISAF took the place of the TCTF. It will apply until 31 December 2030. This document monitors every Commission decision issued under the TCF, TCTF and CISAF. NOTE— For all Commission State aid decisions issued by the...
Practice Note: FAQs on service under Regulation ( EU) 2020/1784 ( Service Regulation, recast) This Practice Note summarises frequently asked questions and responses on serving judicial and extra‑judicial documents under Regulation ( EU) 2020/1784 ( Service Regulation, recast). For comprehensive guidance on the regulation’s provisions, see Practice Note: The Service Regulation (recast). Accessing the forms required from Annex I Question: Where can I obtain Word versions of the forms to be completed? Answer: Word versions are not provided. The forms should be completed online via the European e‑justice website using the links to the online forms. PDF versions are available in the same location. Acknowledgement of receipt equivalent Question: When using the postal service, what counts as an equivalent to the acknowledgement of receipt document? Answer: The Court of Justice addressed this in Henderson v Novo Banco (2017) under the earlier Service Regulation (predecessor to the recast). It held that...
STOP PRESS: On 17 June 2025, the European Commission adopted a package of measures proposing amendments to the EU securitisation regime. Headline elements comprise a lighter due diligence and risk analysis duty for institutional investors in EU securitisations, a shift towards a principles-based approach for securitisations overall, and a lower risk retention requirement for sell-side entities in certain securitisation types. The Commission’s proposals are presently being reviewed by the European Parliament and the Council. There is no fixed timetable for this process, though it is expected to take at least 18–24 months. EU Securitisation Regulation and related legislation—background and purpose In September 2015, the Commission issued the Action Plan on Building a Capital Markets Union. The plan set out a broad suite of measures designed to create integrated capital markets across the EU’s Member States—a Capital Markets Union or CMU—to encourage investment and drive growth. The CMU...
Introduction to EU REACH ' EU REACH' is the short form for Regulation ( EC) 1907/2006 of the European Parliament and of the Council, dealing with the registration, evaluation, authorisation and restriction of chemicals. Taking effect on 1 June 2007, EU REACH replaced a range of EU Directives and Regulations with a single piece of legislation that applies directly in all EU Member States. EU REACH places the duty to understand and manage the risks of chemicals placed on the EU market, and their use, on those who manufacture and/or import goods containing chemicals. The core objectives of EU REACH are to: ensure a high level of protection for human health and the environment enable the free movement of substances within the EU market boost the competitiveness and innovation of the EU chemicals sector encourage methods other than vivisection and/or animal testing for assessing hazardous properties of...
The PRIIPs Regulation and level 2 measures This Practice Note sets out an overview of the Packaged Retail and Insurance-based Investment Products ( PRIIPs) regime in Regulation ( EU) 1286/2014 and the related Level 2 measures. A key element is the duty on product manufacturers to prepare a standard, pre-sale Key Information Document ( KID) for PRIIPs, allowing retail investors to compare products and decide whether a PRIIP is suitable for them. The approach draws heavily on the undertakings for collective investment in transferable securities ( UCITS) Key Investor Information Document ( KIID). Regulation ( EU) 1286/2014 was published in the Official Journal of the European Union on 9 December 2014 and has applied since 1 January 2018, with a UCITS exemption running until 31 December 2022. This carve-out also covers non- UCITS retail funds that produce a UCITS KIID ( Article 32(2) of...
If a deal qualifies as a notifiable ‘concentration’ under the EU Merger Regulation ( EUMR) and meets the relevant jurisdictional thresholds, it must be notified to the European Commission (the Commission). The Commission will then review the deal according to a prescribed process. Until clearance is granted by the Commission, the parties must put implementation on hold. The Commission’s review begins once the parties formally notify it by filing a completed Form CO. From that point, the review follows a set timetable with strict deadlines: all mergers undergo a phase I review—the Commission has 25 working days to issue its phase I decision (extendable to 35 working days if the parties propose commitments), and if the Commission is concerned a merger may impede competition, it will refer the case for a more detailed phase II review, unless the parties submit suitable...
Practice Note This Practice Note sets out the principal updates to the mandatory clinical evaluation and performance evaluation pathways for medical devices under the EU regime brought in by Regulation ( EU) 2017/745 (the Medical Devices Regulation, MDR) and Regulation ( EU) 2017/746 (the In Vitro Diagnostic Medical Devices Regulation, IVDR), together termed the MD Regulations. The MD Regulations represent a substantial shift in how the health and safety of devices are appraised, requiring a structured, rigorously evidenced clinical/performance evaluation that starts with the conformity process ( CE marking) and carries on throughout the entire life cycle of a device. This Practice Note examines the practical consequences of the revised definitions and obligations for clinical data, clinical evidence and, notably, clinical investigations. For further information on: an introduction to the MD Regulations, see Practice Note: Introduction to the EU Medical Devices Regulation and In Vitro...
ARCHIVED This archived case hub records the position as at the decision date of 12 December 2018; it is no longer being maintained. NOTE — appeals were lodged before the Court of Justice in the following cases: C-144/19 P C-151/19 P C-164/19 P C-166/19 P C-176/19 P C-197/19 P C-198/19 P C-201/19 P C-207/19 P See further: timeline and commentary. Case facts Outline Appeals were brought before the General Court seeking annulment and/or a reduction of fines arising from the Commission’s decision of 9 June 2014. That decision found breaches of Article 101 and Article 102 in so far as they concerned Servier, and levied penalties totalling €427.7m on Servier and five manufacturers of generic drugs for delaying the entry of perindopril......
CASE HUB ARCHIVED – this archived hub records the position as at the judgment dated 17 March 2013; it is no longer updated. See further: timeline, commentary and related/relevant cases Case facts CASE HUB (date of judgments—17/03/2013) Outline Appeals were brought before the General Court aiming to set aside and cut the individual penalties arising from the Commission’s decision of 28 January 2009, which found breaches of Article 101 TFEU and levied aggregate fines of €131.51m on five corporate groups (among them the three appellants) for their putative involvement in a worldwide cartel concerning the supply of marine hose from 1986 to 2007 (‘ Marine hoses cartel’). On 17 March 2013, the General Court set aside parts of the Commission’s decision as regards each applicant, and lowered Parker’s penalty, given the Commission had not shown that Parker ITR bore responsibility for the entire period of the...
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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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