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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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CASE HUB ARCHIVED This archived case hub captures the position as at the judgment of 3 September 2020 and is no longer updated. See also: timeline and relevant/related cases. Case facts Outline Appeal against the General Court’s ruling in Case T‑79/16, which upheld an action contesting the Commission’s decision in SA.27301—alleged unlawful State aid connected to the subsidised purchase or free transfer of land for nature conservation in the Netherlands. Latest developments On 3 September 2020, the Court of Justice delivered its judgment, rejecting the appeals, affirming the General Court’s ruling and confirming the annulment of the Commission’s 2015 decision. Parties Appellants: European Commission (the Commission) 13 Land management organisations ( LMOs) Respondent: Vereniging Gelijkberechtiging Grondbezitters ( VGG) and 21 other applicants (together, VGG and Others) Background LMOs are not-for-profit, non-governmental associations and foundations whose statutes set out nature conservation and protection as their purpose. To establish an...
A ‘merger’ can come within the scope of the EU merger rules and require notification to the European Commission (the Commission) where at least two parties to the deal generate appreciable worldwide and EU turnover, both combined and individually. In particular, and subject to a few narrowly construed exceptions, a transaction must be notified to and cleared by the Commission if: it is a ‘concentration’ within the meaning of the EU Merger Regulation ( EUMR) the merger is permanent it satisfies the specified financial thresholds Where these requirements are satisfied then, subject to a few narrowly construed exceptions, EU merger control will apply to the exclusion of the national merger rules of any European Economic Area ( EEA) Member State. The EUMR defines a ‘concentration’ as follows: where two independent undertakings merge—this includes scenarios in which previously...
CASE HUB ARCHIVED – this archived case hub reflects the position as at the judgment date of 6 February 2014 and is no longer maintained. See also: timeline, commentary and relevant/related cases Case facts ARCHIVE—06/02/2014 Outline Appeals before the General Court sought annulment and/or reductions of fines arising from the Commission’s decision of 11 November 2009, which found infringements of Article 101 TFEU and Article 53 EEA and imposed penalties in relation to: (1) Elf Aquitaine and its group companies’ involvement in EEA‑wide cartels affecting the market for tin and ESBO/esters heat stabilisers; and (2) the consultancy AC‑ Treuhand’s alleged role as a facilitator of the cartel conduct. Parties Applicants: Elf Aquitaine SA ( Elf) Arkema France ( Arkema) CECA SA ( CECA) AC‑ Treuhand AG ( AC‑ Treuhand) Defendant: European Commission AC‑ Treuhand is a Swiss consulting firm providing a full range of services...
Importance of establishing indemnity In personal injury claims, it is essential, and ideally done early, to verify whether the would-be defendant held, at the moment of the accident or event, an indemnity covering any damages and costs that might be ordered. Such cover is most commonly provided under a policy of insurance. The central reason for confirming indemnity is to give claimants confidence that the defendant is ‘good for the money’ and can meet any judgment. This Practice Note is not limited to a narrow, technical meaning of indemnity. In some personal injury matters, notably road traffic cases, payment of damages and costs may instead be obtained from an insurer or a body such as the Motor Insurers’ Bureau ( MIB) through the operation of statute or regulations. Road accident claims Statutory background To safeguard those injured in road collisions, section 143 of the Road Traffic Act 1988...
Numerous public registers containing environmental information are required by statute to be created and maintained. These sources hold valuable detail about a business or its assets and provide a practical way to obtain environmental data. They can be used to, for example: check the likelihood of a site flooding without holding a commercial stake in that site view a property’s energy performance information see the conditions of water or waste discharge permits, even when those permits are privately held get details of approved producers or exporters of WEEE access information on producer compliance schemes locate data on packaging types and quantities handled, and waste recovery records Energy performance certificates The Energy Performance of Buildings ( England and Wales) Regulations 2012 (the EPC Regulations), SI 2012/3118, require the Secretary of State to maintain one or more registers...
Recognition and enforcement of arbitral awards in India Recognition and the enforcement of arbitral awards in India are principally regulated by the Arbitration and Conciliation Act 1996 ( ACA 1996), as amended, alongside the Code of Civil Procedure 1908 ( CPC). Both domestic and overseas awards are implemented in the same fashion as a decree of an Indian court, including consent awards arising from party settlements. There is, nevertheless, a procedural divergence for enforcement depending upon the arbitration seat. Enforcement and execution of an India-seated arbitral award (a domestic award) fall under ACA 1996, Pt I, whereas awards seated abroad (foreign awards) are enforced pursuant to ACA 1996, Pt II. Part II of ACA 1996 incorporates, and gives effect to, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) and the Convention on the Execution of Foreign...
What is digital health? Digital health is a broad umbrella describing how information and communication technologies are used to enhance prevention, diagnosis, treatment, monitoring, and the management of health conditions and lifestyle habits that influence wellbeing. Its rise reflects the coming together of healthcare and technology, and a move away from provider‑focused, ‘one size fits all’ delivery towards personalised, patient‑centred care. This Practice Note explores data protection considerations across three digital health use cases: Wearables Use of artificial intelligence ( AI) in medical diagnostics Digital health records Unlike mobile health (m Health), which is limited to care delivered via mobile devices, digital health is wider in scope. It encompasses modern care models such as digital therapeutics, telemedicine, digitised health systems and electronic health records, as well as AI, machine learning and data analytics. For more on m Health, see Practice Notes: Digital...
This Practice Note reviews the jurisdictional service gateways, or bases for service, set out in CPR PD 6B at paras 3.1(12)–3.1(12D) concerning claims about trusts, and CPR PD 6B at para 3.1(15)–3.1(15D) covering claims against constructive trustees or for breach of trust or fiduciary duty. It outlines the gateways and offers insight into how the courts have interpreted them, or may do so. This Practice Note should be read alongside Practice Note: Cross border service—jurisdictional gateways (principles). Claims about trusts—gateways 12–12E Gateways 12–12E ( CPR PD 6B, para 3.1(12)–3.1(12E)) state that, for trust-related claims, several gateways may justify permission to serve a claim form out of the jurisdiction of England and Wales: (12) A claim concerns a trust established by statute, by a written instrument, or created orally and recorded in writing, and governed by the law of England and Wales. (12A) A claim...
This Practice Note looks at principal procedural questions that can emerge before the High Court when dealing with cross-border employment litigation as they arise in practice... Brexit impact From exit day, 31 January 2020, the UK stopped being an EU Member State. However, under the transitional arrangements provided for by the Withdrawal Agreement, an implementation period ( IP) ran until 31 December 2020, referred to as ‘ IP completion day’. During that time, for many purposes the EU continued to treat the UK as if it were a Member State, notwithstanding its changed status... Although the UK no longer took part in the EU’s political institutions and governance structures, it remained bound to adhere to its obligations under EU law—including treaties, legislation, principles and international agreements—and was required to submit to the continuing jurisdiction of the Court of Justice of the European Union ( CJEU or ECJ). For...
This Practice Note provides guidance on costs pursuant to the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). As outlined in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally apply to HKIAC arbitrations begun on or after 1 November 2018, unless the parties stipulate otherwise; where proceedings commenced before 1 November 2018, the 2013 HKIAC Rules will generally govern, save where the parties agreed otherwise. A dedicated ‘2018 Schedule of Fees’ applies to arbitrations administered under the 2018 HKIAC Rules. HKIAC has also issued two Practice Notes on Costs of Arbitration, based on HKIAC 2018: Sch 2 (hourly rates) and Sch 3 (sums in dispute). These took effect on 11 March 2019 and apply unless the parties have agreed to a different approach. For an...
The correct and timely filing of documents at Companies House is an essential task for many private practice and in-house lawyers, company secretaries, directors and others. Submitting documents to Companies House accurately and on time is a core responsibility for many private practice and in-house lawyers, company secretaries, directors and others. Queries about unusual submissions or correcting filings should be directed to Companies House: Contact Companies House. From 4 March 2024, all paper filings must be posted to the Companies House Cardiff office ( Companies House, Crown Way, Cardiff CF14 3UZ). From the same date, the Belfast office stopped accepting post or hand deliveries. Companies registered in Scotland must also post to Cardiff (in place since September 2023). For details on office locations, opening times and accessibility, see Office access and opening times. For guidance on removing or rectifying incorrect...
CASE HUB (date of judgment—26/01/2017) See further: timeline, commentary and related/relevant cases Case facts ARCHIVED — this archived case hub reflects the position at the date of the decision of 26 January 2017; it is no longer maintained. Outline Appeals were lodged by the European Commission together with a substantial number of appellants against the General Court’s judgments which, in essence and to a large extent, upheld the Commission’s decision of 23 June 2010. That decision identified breaches of Article 101 TFEU and Article 53 of the EEA Agreement and imposed aggregate fines of €622m on manufacturers of bathroom equipment for their alleged involvement in a single, continuous infringement within the bathroom fixtures and fittings sector (the ‘ Bathroom fittings and fixtures cartel’). The General Court partially annulled the decision in relation to Roca Sanitario, Keramag Keramische Werke AG ( KKW) and Sanitec (the latter within a joint action...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 25 January 2024; it is no longer maintained. See further, timeline. Case facts Outline A reference from Romania seeks guidance on the interpretation of Article 101 TFEU concerning minimum remuneration for lawyers. Latest developments On 25 January 2024, the Court of Justice delivered its judgment, indicating that Bulgarian provisions setting minimum legal fees amount to a restriction ‘by object’ under Article 101 TFEU. A national court may disapply such rules, even where the statutory floor matches prevailing market rates for legal services. Parties Applicant — Em akaunt BG ЕООD (the Applicant) Defendant — Zastrahovatelno aktsionerno druzhestvo ‘ Armeets’ AD (the Defendant) Market Legal services sector. Background to reference The Applicant brought proceedings before the Sofia District Court, Bulgaria, seeking property insurance compensation from its insurer after the theft of a motor vehicle. The claim also...
ARCHIVED: This Practice Note has been archived and is not maintained. The Construction case tracker gathers notable 2020 judgments relevant to construction lawyers, presented in reverse chronological sequence. See also Construction law case tracker Construction case tracker—2019 [ Archived] Construction case tracker—2018 [ Archived] Construction case tracker—2017 [ Archived] Construction case tracker—2016 [ Archived] Construction case tracker—2015 [ Archived] Public procurement decisions are recorded in the UK public procurement case tracker and the EU public procurement case tracker. Key appeals on the horizon are noted in the Construction horizon scanner ( Appeal cases). Judgment 31 Dec 2020 — JSM Construction Ltd v Western Power Distribution ( West Midlands) Plc [2020] EWHC 3583 ( TCC) Topic: Payment The court examined the requirements of sections 109 and 110 of the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996) ( JSM Construction v Western Power Distribution). The claimant maintained that, as the parties’ contract omitted a final...
Declaratory judgment A declaratory judgment states the rights, responsibilities or obligations of parties in a dispute. It is legally binding but does not compel any party to act. A court may grant it on its own or alongside other remedies, such as an injunction, and it can be made on an application for judicial review. A key benefit is the considerable saving of costs by resolving a specific issue as a preliminary matter, avoiding further argument or helping to achieve a settlement. Declaratory relief may be sought within, or in place of, applications for the judicial review of decisions by tribunals or public bodies, including local planning authorities ( LPAs). It can provide a straightforward, cost-effective and flexible means to interpret legislation and promote good administration, without needing to overturn earlier determinations where that would be impracticable or...
As a matter of law, the starting point on applications for reporting restrictions is that hearings are ordinarily held in open court. That stance reflects the common law doctrine of open justice and appears in the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909. Where required, the criminal courts may curtail reporting of particular public hearings, limit public attendance, withhold information from the public during proceedings, or direct that a trial be heard in private. The power to make such orders stems from a broad range of legislative provisions, many of which are listed below. Open justice and reporting restrictions The principle of open justice—that justice is administered in public—is both a hallmark and a safeguard of the rule of law: it prompts witnesses to come forward and speak honestly it sustains public confidence in the trial process and the...
Key legislation Environmental impact assessment ( EIA) safeguards the environment by obliging the planning decision‑maker, including a local planning authority ( LPA), when determining whether to grant planning permission for a project likely to have significant environmental effects, to take those likely significant effects into account in the decision‑making process within town and country planning matters as part of that decision‑making process. In the context of town and country planning, EIA is regulated by: the Town and Country Planning ( Environmental Impact Assessment) Regulations 2017 ( English EIA Regulations), SI 2017/571 in England; and the Town and Country Planning ( Environmental Impact Assessment) ( Wales) Regulations 2017 ( Welsh EIA Regulations), SI 2017/567 in Wales together, the ‘ EIA Regulations’. The EIA Regulations implement into English and Welsh law the changes introduced by Archived Directive 2014/52/ EU to Archived Directive 2011/92/ EU on assessing the effects of...
There are several circumstances in which a party to a conditional fee agreement ( CFA) may wish to have the rights and obligations under that CFA assigned to a third party (typically a new firm of solicitors). These situations include: a client has a CFA with a firm of solicitors for a specific matter, the fee-earner handling it moves to another practice, and the client wants them to continue the case at the new firm a client has a CFA with a firm for a particular issue, then loses confidence in that firm and wants a different firm to take over the matter a CFA is in place with a firm that subsequently ceases trading or otherwise alters its status a CFA exists with a firm that later stops undertaking work of the relevant kind, or wishes to...
This Practice Note sets out the steps for enforcing a writ of control issued by the High Court as a means of enforcing a monetary judgment, under which the judgment creditor takes possession of the judgment debtor’s goods, arranges their sale, and uses the proceeds to discharge the judgment debt as appropriate. The procedural detail summarised in this Practice Note derives from the legislation that underpins the Taking Control of Goods regime—for help navigating that framework effectively and efficiently, see Practice Note: Finding your way through the Taking Control of Goods legislation in practice. Debt recovery through a High Court Enforcement Officer ( HCEO) is divided into four distinct stages, with fees allocated to every stage accordingly, respectively. The HCEO may recover specified fixed fees, set out in The Taking Control of Goods ( Fees) Regulations 2014, SI 2014/1 (the Fees...
The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) The DDSA 2020 took effect on 6 April 2022. Proceedings issued by the court on or after that date fall within the scope of the DDSA 2020, together with procedural changes introduced under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For further details, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue under the pre- DDSA 2020 regime, whether submitted through the digital system or by way of paper forms. Such applications are not affected by the commencement of the DDSA 2020, nor by the consequential changes to procedure. This document sets out the position for online proceedings issued prior to 6 April 2022 only. Legislative amendments have followed as a...
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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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