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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 Practice Note relies on provisions repealed on 1 April 2013 and is retained for historical reference only. When to apply for a certificate A default costs certificate records an order to pay costs. It may be sought once the deadline for serving points of dispute has passed and the receiving party has not been served with any points of dispute. Procedure to obtain a certificate The process for securing a default costs certificate is set out in the Costs Practice Direction. The receiving party obtains the certificate by lodging a request using the correct practice form. Complete Form N254 and file it at the appropriate office. Include a copy of the document conferring the right to detailed assessment (as identified in the Costs Practice Direction, section 40.4). Pay the applicable court fee. For details on fees, see Practice Note: Court fees in civil...
What is a DRO? Debt Relief Orders are a newer, streamlined route to clear the slate for people who cannot afford to go bankrupt. A DRO is granted in relation to qualifying debts. A qualifying debt is one that is: for a liquidated amount payable now or at a future date unsecured not an excluded debt Under the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, r 9.2, an excluded debt means: any fine for an offence, or an obligation arising from an order in family proceedings, or a maintenance assessment or maintenance calculation under the Child Support Act 1991 any obligation under a criminal confiscation order student loans damages relating to the death of, or personal injury to, any person a crisis loan or budgeting loan made under the Social Security...
UK data protection law includes a right to data portability. That entitlement enables people to receive from a controller a copy of their personal data in a structured, machine-readable form. Moreover, in certain situations, people can require the controller to transmit that data straight to a different controller. This Practice Note considers the right to data portability. It presumes some familiarity with UK data protection law. For an overview of UK data protection law, with guidance on core concepts and terminology, see the UK data protection law collection. Note that there are notable parallels between the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) and this Practice Note concentrates on the position under the UK GDPR. For details on the background to the UK GDPR and how it...
Customer information orders When an appropriate officer serves a customer information order on a financial institution under section 363 of the Proceeds of Crime Act 2002 ( POCA 2002), that institution is obliged to disclose any ‘customer information’ it holds about the named individual. The material must be supplied to an appropriate officer in whatever form, and by whatever deadline, that officer specifies; for further details, see below: Effect of an order. For these purposes, a financial institution is any person carrying on business in the regulated sector, or someone who has ceased to conduct such a business. An order may direct all such institutions, or only a chosen group of them, to comply. The scheme applies to: confiscation investigations civil recovery investigations exploitation proceeds investigations money laundering investigations It does not apply to: detained cash...
This Practice Note sets out the deadline/time limit for filing and serving statements of case in cross-border Part 7 claims This Practice Note explains the deadlines for serving and filing statements of case in cross-border Part 7 matters. It sets out the time limits for these court documents: the claim form, particulars of claim, acknowledgement of service, defence, a counterclaim, a defence to a counterclaim, a reply, and other statements of case. It also gives guidance on varying the service timetable and when a claim will be stayed. For CPR 8 claims, see Practice Note: CPR Part 8 claims (alternative procedure for claims). This guidance is based on how the relevant CPR provisions are interpreted and applied, and the rules address service within or outside the jurisdiction Note: ‘ Jurisdiction’ in CPR 2.3 means England and Wales; it is not the...
ARCHIVED: This Practice Note is archived and no longer maintained. It sets out the principal revisions to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR) introduced by the Criminal Procedure ( Amendment No 2) Rules 2022, SI 2022/815, in force from 15 August 2022. The Crim PR regulate practice and procedure in all criminal courts in England and Wales. The 2022 changes cover live links, the Crown Court’s power to return a case to a magistrates’ court for trial or sentence, adjustments to document service in specified applications, and provision for sign language interpretation for jurors. This Note addresses the amendments commencing on 15 August 2022. Be aware that SI 2022/815 also makes additional changes taking effect on 3 October 2022, which fall outside the scope of this Note. For more, see News Analysis: Criminal Procedure Rules ( Crim...
ARCHIVED: This Practice Note is archived and not maintained. This Practice Note outlines the principal updates to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR), introduced by the Criminal Procedure ( Amendment No 2) Rules 2021, SI 2021/849. The Crim PR prescribe the practice and procedure to be followed in all criminal courts in England and Wales. The 2021 amendments adjust procedures in the following areas: Management of cases in the magistrates’ court Sentence indications in the magistrates’ court Court‑held case information and its disclosure to lawyers and the public Committal of cases to the Crown Court where the defendant is absent Service of applications to vary restraining orders Time limit for appeals against conviction to the Crown Court Witness and expert evidence, and applications for search...
This Practice Note addresses one of the three criminal offences set out in, and created under, section 52 of the Criminal Justice Act 1993 ( CJA 1993): encouraging or inducing another individual to trade in such securities (regardless of whether that individual realises they are 'price-affected'), whilst knowing or having reasonable grounds to believe that the transaction would occur. For general guidance on criminal insider dealing, including the territorial scope of the offence, who counts as an insider and what amounts to inside information and an inside source, see Practice Note: Insider dealing—the criminal offence. How can a person commit the offence of encouraging insider dealing? An individual commits the offence of encouraging insider dealing if, while holding inside information, they induce someone else to trade in securities that are price-affected in relation to that information. The encourager must know or have reasonable cause to believe that the...
Functions The role of a creditors’ committee in bankruptcy comprises: setting the trustee in bankruptcy’s (trustee’s) remuneration; and examining financial and other records concerning the administration of the bankruptcy estate that the trustee provides to the committee. If the committee is dissatisfied with the content or outcomes of that information, it may notify the Secretary of State, stating its reasons, and the Secretary of State may take whatever action he considers appropriate. In addition to any functions granted by the Insolvency Act 1986, the committee is to assist the trustee in performing the trustee’s functions and to deal with the trustee in such manner as may from time to time be agreed. The Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, Pt 17, set out provisions relating to creditors’ committees in...
ARCHIVED: This Practice Note is archived, no longer updated, and provided solely for background information. In addition, certain links might not lead you to the provisions as they stood on the date this Practice Note’s guidance was originally issued......
ARCHIVED: This Practice Note is archived and no longer maintained or updated. After the government published its COVID-19 Response: Living with COVID-19, which ultimately removed the remaining domestic coronavirus ( COVID-19) legal restrictions in England from 24 February 2022, the ICO released a brief form of guidance on data protection and COVID-19, replacing the earlier, more specific guidance. See: LNB News 28/03/2022 91. This Practice Note reviews the position under the ICO’s former, more detailed guidance on testing and vaccination, which was withdrawn in full from 28 March 2022. It addresses the issues that emerged in the employment setting and workplace concerning Coronavirus ( COVID-19) testing and vaccination, and verification of COVID status, namely the NHS COVID Pass displaying a person’s relevant vaccination information or test outcomes. For sample policies relating to the...
ARCHIVED: This Practice Note is archived, not maintained, and provided for background use only. In addition, some links may no longer take you to the provisions as they stood when the guidance in this Practice Note was issued. Costs management and costs budgeting—what do you need to know? The question of costs matters to practitioners and must be weighed with the legal questions in the proceedings and the overall conduct and strategy of the case. For many in practice there is little targeted guidance in the rules and practice directions, so practitioners must keep abreast of the evolving guidance from case law in this field. Set out below are key practical points drawn from 2016 authorities: CPR 3.13 provides that, where a party fails to file its costs budget on time, it will be limited to recovering court fees. Although the draconian stance in the...
Where a company, within the charge to corporation tax, receives a dividend or other distribution from a company, it is taxed as income for corporation tax purposes unless the distribution qualifies for exemption. Two distinct exemption regimes apply to corporate distributions: one for small companies for companies that are not small For guidance on the reliefs available to small companies, see Practice Note: How are small companies taxed on distributions received? For an explanation of what counts as a small company for these exemption rules, refer to Practice Note: What is a small company for the purposes of the distribution exemption?......
What is Contractors’ All Risks insurance? Construction insurance falls into two principal categories: ‘property’ and ‘liability’. Property insurance provides cover for damage to physical assets and can be extended to include consequential losses (e.g. business disruption, loss of profits, etc). Liability insurance provides cover for claims made against the insured by third parties, contractors, employees and others, for personal injury, property damage or loss of profits. Cover for damage to the construction works themselves is referred to as Construction All Risks, of which Contractors’ All Risks ( CAR) is one form. CAR is a type of Construction All Risks policy drafted to identify who is intended to benefit from the insurance, rather than to specify the particular damage it insures. The market has not settled on uniform standard definitions, and underwriters continue to produce their own policy wordings to address market...
As people live longer, mental ill-health rises because bodies outlast minds. Dementia and conditions such as depression, anxiety, psychosis, confusion and personality disorders can all affect a testator’s ability to make a Will. Substance misuse, alcoholism and a recent bereavement can also materially reduce capacity. Analysis of the test for testamentary capacity When evaluating a deceased person’s testamentary capacity, recent authority confirms that Banks v Goodfellow remains the governing test. It requires that a testator must: grasp the nature and consequences of making a Will comprehend the breadth of the estate being disposed of recognise and weigh any potential claims on the estate be free from any disorder of mind that distorts or overbears the above In Leonard v Leonard, the High Court provided an authoritative, wide-ranging synthesis of the principal principles and authorities relating to each of these four limbs, and...
Legal validity of Wills In Scots law, a testamentary writing made after 1995 is treated as valid and self‑proving where the following requirements are met: the testator has signed every page the signing took place in the presence of a witness the witness signed the final page The absence of one or more of these features is not fatal, provided the testator did sign the document. If so, anyone with an interest (for example, an executor or beneficiary) may ask the court to ‘set up’ the writing. This can be done by summary application in the Sheriff Court, or incidentally within other proceedings, and in practice is often pursued when applying for confirmation. The burden of proof rests on the applicant, and evidence will usually be by affidavit unless the court directs otherwise. A decree has the effect of creating a...
This Practice Note sets out which bodies enforce the contaminated land regime in England and Wales under Part IIA of the Environmental Protection Act 1990 ( EPA 1990) Who is the enforcing authority? Under the Environmental Protection Act 1990 ( EPA 1990), Pt IIA, the enforcing authority for contaminated land is: for a special site, the Environment Agency ( EA) in England and Natural Resource Wales ( NRW) in Wales for contaminated land that is not a special site, the local authority ( LA) for the area in which the land lies or is affected Enforcing authorities must act in line with statutory guidance issued by the Secretary of State/ Welsh Ministers. LAs must also have regard to any site-specific guidance issued by the EA/ NRW......
Stop Press : From 24 February 2025, the core provisions of the Public Procurement Act 2023 ( PA 2023) take effect. We are reviewing and refreshing our materials accordingly. Please note that any procurement initiated on or after 24 February must proceed under PA 2023. Procurements commenced under the preceding regimes — the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011 — must continue to be run and administered under those rules. For background, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. This Practice Note examines call-off mechanisms within framework agreements in the construction sector. It focuses mainly on how call-offs are made in the private market, while also addressing public sector framework call-off procedures and signposting to fuller guidance for that...
Tracker—ended pilot schemes in the civil courts This Tracker outlines pilot schemes in the civil courts that have concluded. For details of pilot schemes currently in operation, see Practice Note: Tracker—pilot schemes— Dispute Resolution... Starting a claim Pilot scheme: County Court Online Pilot ( CPR PD 51S) Details: Set out in CPR PD 51S and introduced by the 91st update to the Civil Procedure Rules ( CPR), this pilot trialled a process enabling legal representatives to submit claims online at the County Court Money Claims Centre ( CCMCC) (now the Civil National Business Centre). For more information, see Practice Note: County Court Online pilot scheme— CPR PD 51S [ Archived]... Court fees Pilot scheme: Payment by account service pilot scheme Details: Brought in to let regular business users pay civil...
under section 432 of the Companies Act 1985 The Department for Business and Trade ( DBT) oversees companies to safeguard investors, suppliers and customers against corporate wrongdoing. Where the conditions set out in section 432 of the Companies Act 1985 ( CA 1985) arise, the Secretary of State ( So S) can appoint inspectors to examine a company’s affairs. The Insolvency Service’s Legal Services Directorate ( LSD) serves as the principal criminal enforcement authority for insolvency-related fraud and corporate misconduct. The investigatory powers provided by the CA 1985 can also be applied to overseas companies doing business in the UK......
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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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