Featured documents
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
Most recent Practice notes
This Practice Note considers the statutory right to be accompanied under section 10 of the Employment Relations Act 1999 ( ERA 1999). This note outlines the statutory entitlement to be accompanied and explains how and when it operates. It addresses: Who holds the right and the situations in which it applies Disciplinary hearings, grievance hearings, and meetings concerning flexible working requests Eligible companions (a work colleague or a trade union official) What constitutes a reasonable request to be accompanied Considerations for disabled workers The right to a fair trial under Article 6 ECHR Legal representation (that is, by a lawyer) The companion’s role, time off for companions, and postponement of hearings The Acas Code of Practice on Disciplinary and Grievance Procedures Any worker who is required or invited by their employer to attend a disciplinary or grievance hearing, and who makes a reasonable request, has the right to be accompanied at that hearing. For a...
This Practice Note considers equal pay audits, under the Equality Act 2010 ( Eq A 2010) provisions providing equality of pay An equal pay audit is a mechanism employers use to spot possible workplace discrimination arising from unequal pay for equal work. Some employers choose to conduct them on a voluntary basis. Carrying one out can enable an employer to: demonstrate its commitment to achieving and promoting equal pay compare the pay of protected groups who are performing equal work investigate the cause of any gaps identified by reference to a protected characteristic (most commonly gender) identify steps to close any gaps identified that cannot be legally justified use the findings and action points identified as a risk assessment for pay structures reduce potential equal pay breaches going forward Most employers do,...
Practice Note This Practice Note sets out the principal issues in research services contracts from the standpoints of both the provider and the commissioning party. It assesses matters concerning the project scope and key staff, who secures regulatory permissions or approvals, any required third-party licences, available resources, the agreed reporting arrangements and process, fees, confidentiality, background and foreground intellectual property rights ( IPRs), handling of research outputs, trade marks, warranties, indemnities, limitations on liability and termination. These agreements are needed where a business is outsourcing research to a third party with specialist knowledge and skills. In practice, the research services provider might be a university or other academic institution, or a contract research organisation whose sole activity is delivering research services. For example, such arrangements are particularly prevalent in the pharmaceutical and biotechnology sectors, though they may equally be adopted in other areas. They are...
THIS PRACTICE NOTE ONLY APPLIES TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES ARCHIVED: This archived Practice Note examines in detail the Desmond case, which is significant because it resulted in the issue of contribution notices against individual persons. The Pensions Regulator contended that the director shareholders of Desmond & Sons Ltd had avoided paying the company’s employer debt on a buy-out basis, instead making use of the weaker minimum funding basis, by arranging for the company to enter members’ voluntary liquidation on 3 June 2004. The case raised issues concerning the motives of the director shareholders, as the Regulator had to establish (at the time) that their conduct was ‘otherwise than in good faith’. This archived Practice Note is supplied for background information purposes only. For further information on contribution notices, please see Practice Note: Contribution notices (...
CASE HUB ARCHIVED This case hub sets out the position as at the decision on 23 June 2025; it is not being maintained any longer and will not be updated going forward. Please see further, timeline for reference. Case facts Outline European Commission merger investigation into the proposed acquisition of Dorna Sports by Liberty Media ( M.11539). The transaction presents horizontal overlaps in the supply and licensing of broadcasting rights for motorsport content. Latest developments On 23 June 20205, the Commission approved the deal without conditions following an in‑depth phase II assessment conducted by the Commission. Parties Liberty Media Corporation ( Liberty Media) Liberty Media, with its headquarters in the US, holds interests across a wide array of media, sport and entertainment businesses. Taken together, these interests are allocated to two groups: the Formula One Group and the Liberty Live Group. Dorna Sports, S. L. ( Dorna...
CASE HUB ARCHIVED – this archived case hub reflects the position as at the decision date of 11 December 2018; it is no longer maintained. See the timeline and commentary Case facts Outline The European Commission assessed the proposed acquisition of MKM by KME ( Case M.8909). The operation implicated: Horizontal overlaps in rolled copper products, notably pure copper and selected copper alloys Horizontal overlaps in sanitary copper tubes A vertical link concerning the supply of pre-rolled strip used for rolled copper products Latest developments On 11 December 2018, following a phase II investigation, the Commission approved the transaction without conditions. Parties KME Germany Gmb H & Co. KG ( KME) is a European industrial group headquartered in Germany, engaged in producing and marketing copper and copper alloy products, including rolled copper and alloy variants, as well as copper tubes. It runs...
CASE HUB ARCHIVED This archived case hub captures the position as at the 29 March 2017 decision date; it is not maintained. See also timeline, commentary and related cases. Case facts Overview of the European Commission’s merger inquiry into the proposed combination of Deutsche Börse AG and London Stock Exchange Group plc ( Case M.7995). The deal featured horizontal overlaps across several segments within financial market infrastructure. Latest developments On 29 March 2017, the Commission prohibited the transaction. It found the tie-up would lead to a de facto monopoly in the clearing of fixed income instruments. The parties’ proposed remedies did not sufficiently address the Commission’s concerns. Parties Deutsche Börse AG ( DB), a Germany‑based diversified financial market infrastructure organisation. It runs the Frankfurt Stock Exchange, a regulated marketplace for trading shares, bonds and other financial instruments. It also operates exchanges including Eurex and EEX. Its...
CASE HUB ARCHIVED — this archived case hub reflects the position at the date the notification was withdrawn on 29 January 2024; it is no longer maintained. See further, timeline and commentary. Case facts Summary of the European Commission’s merger review of Amazon.com, Inc.’s proposed purchase of i Robot Corporation ( M.10920). The deal presented a vertical overlap in the robot vacuum cleaner market. Latest developments On 29 January 2024, Amazon and i Robot announced a joint decision to terminate Amazon’s planned acquisition of i Robot, following the Commission’s objections to the transaction. Parties Amazon.com, Inc. ( Amazon): a US-based multinational running an online marketplace where retailers can advertise and sell goods (including RVCs) to consumers. Amazon also retails a wide range of products (including RVCs) on its Amazon Stores and provides the Alexa voice assistant. i Robot Corporation (i Robot): a US-based producer of robot vacuum cleaners, which i Robot also...
CASE HUB See further, timeline and commentary. Case facts Outline of the European Commission’s merger review into the planned acquisition of Transat by Air Canada ( M.9489). The deal raised a horizontal overlap in the provision of air transport services between the EEA and Canada. Latest developments On 2 April 2021, the parties withdrew their notification to the Commission and declared that the transaction had been abandoned. Parties Air Canada: Based in Canada, Air Canada is a global airline offering scheduled passenger services domestically and worldwide. It serves Europe via its mainline operations and through Air Canada Rouge, a leisure-focused, lower-cost service launched in 2013. Alongside passenger services, it oversees the Aeroplane loyalty programme, provides air cargo and ground handling, and sells holiday packages via Air Canada Vacations. Transat: Transat, headquartered in Canada, is the parent of Air Transat, which offers scheduled passenger air transport in Canada and...
This Practice Note explains how the European Commission (the Commission) undertakes the substantive appraisal of mergers under the EU Merger Regulation ( EUMR). Where a deal falls within the EUMR, the Commission must decide whether the concentration is compatible with the single market. Under the EUMR, any concentration that brings about a significant impediment to effective competition ( SIEC) in the internal market, or a substantial part of it, in particular through the creation or strengthening of a dominant position, must be declared incompatible with the single market. By contrast, a concentration that does not lead to a SIEC in the internal market, or in a substantial part of it, must be cleared (ie deemed compatible with the single market). The SIEC test The SIEC test was introduced into EU competition law to close a gap identified by the European Courts when assessing the...
EU Merger Regulation ( EUMR) Under the EU Merger Regulation, the European Commission may accept remedial undertakings as a condition of a Phase I approval or following a Phase II, in‑depth review; within the EUMR these remedies are described as ‘commitments’. The Commission has been adaptable and inventive in crafting such measures, and in practice prefers conditional clearances to outright prohibitions. Although it cannot unilaterally impose commitments, it can apply pressure on the merging parties to propose suitable commitments where competition concerns arise, and it is prepared to give general guidance on the appropriateness of what to offer. Large global deals between close rivals can still be approved if workable remedies are identified that, at the same time, do not call into question the economic rationale of the transaction. By way of illustration, in Ball/ Rexam ( M.7567), involving the two leading beverage can...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 5 April 2017; it is no longer maintained. See further: timeline, commentary and related cases Case facts Outline European Commission merger inquiry into the proposed purchase of Syngenta AG ( Syngenta) by China National Chemical Corporation ( Chem China). The deal presents horizontal overlaps in markets for supplying crop-protection products and for active ingredients, the key chemical inputs used to manufacture crop-protection products. Latest developments On 5 April 2017, the Commission approved the merger subject to commitments. Under these commitments, the parties will divest substantial parts of Chem China’s European pesticides and plant growth regulator operations. Parties Syngenta, a Swiss-based agrochemical and seeds business, produces and sells crop-protection products, seeds, and lawn and garden goods. It operates worldwide across research, development, manufacturing and marketing of a wide variety of...
The EU requires parties to transactions to notify when specified thresholds are crossed, enabling competition authorities to examine deals that could significantly harm competition before completion. Gun jumping concerns unlawful pre-merger co-ordination or integration between the parties to a transaction. It commonly refers to two situations: transactions completed without any notification despite thresholds being met (‘failure to notify’ cases), and substantive gun jumping, i.e. integration steps taken before clearance—often while the authorities’ review is ongoing For a practical checklist of do’s and don’ts on gun jumping, see the Gun-jumping ‘ Do’s and don’ts’—checklist. Failure to notify Failure to notify cases are those where parties entirely omit informing the competition authorities of a transaction that triggers merger thresholds, thereby breaching the obligation to notify a transaction prior to its implementation under Article 4(1) of the EU Merger Regulation ( EUMR). Where the EUMR is not...
This Practice Note has been archived and is no longer maintained. Lexis+® UK are collaborating with INSOL Europe on a joint initiative to source articles from INSOL Europe’s national correspondents across EU Member States to compile a table distilling their findings, also drawing on Lexology Panoramic (see News Analysis: INSOL Europe/ Lexology Panoramic launch Joint Project on ‘ How EU Member States recognise insolvency and restructuring proceedings of a third country’). It examines how EU Member States would recognise insolvency or restructuring proceedings begun in a third country, such as the UK (post Brexit), the US, Japan, Australia or Canada. The table is intended only as a guide to the general principles and you should always consult local lawyers in the relevant jurisdiction to confirm the measures currently in force and the effect of any particular circumstances or nuances on your...
ARCHIVED This Practice Note is archived and is no longer maintained. It addresses the position where the UK and the EU fail to conclude arrangements on jurisdiction after the UK’s departure. Throughout the implementation period commencing on exit day, that is, the day the UK leaves the EU, the provisions of the withdrawal agreement will apply. For commentary on that period and its effect on jurisdiction, refer to Practice Note: Brexit implementation period—jurisdiction [ Archived]. This Note evaluates the consequences of the UK exiting the EU without a deal when addressing jurisdictional issues before courts in EU Member States, with particular focus on how the Brussels regime would be applied. It considers practical implications for proceedings and the treatment of jurisdictional rules accordingly in practice......
EU legal framework governing medicinal products A sophisticated network of requirements and guidance, developed at EU level and by EU Member States, shapes oversight of medicinal products, covering: clinical evaluation (ie clinical trials) market entry (ie marketing authorisation ( MA) and the regulatory procedure for approving medicinal products and variations to existing MAs) protection of pre-clinical and clinical data generated to obtain an MA (ie regulatory data protection) manufacture and importation labelling and the package leaflet advertising and promotion wholesale distribution and brokering pharmacovigilance pricing and reimbursement falsified medicines medicines for rare diseases (ie orphan medicinal products ( OMPs)) paediatric medicines advanced therapy medicinal products ( ATMPs) unlicensed medicines and off-label use of authorised medicines EU legal framework Law in these areas has expanded quickly at EU level, driving greater...
Practice Note Within the EU, medical devices are strictly overseen by legislation that manages safety and performance throughout the whole lifecycle and across the full product lifetime, spanning pre- to post-market stages. This Practice Note outlines the regime established by Directive 93/42/ EEC on medical devices ( MDD), Directive 90/385/ EEC on active implantable medical devices ( AIMDD), which applied until 25 May 2021, and Directive 98/79/ EC on in vitro diagnostic medical devices ( IVDD), which remained in force until 25 May 2022; collectively, the MD Directives. The MD Directives continue to matter for ‘legacy’ devices that were authorised under them for placement on the EEA market before the new rules started to apply. They will also persist as points of reference for several years for particular legacy devices, for differing durations, pursuant to transitional provisions. This Practice Note sets out how devices were...
This Practice Note summarises Regulation ( EU) 2017/745, the Medical Devices Regulation ( MDR), and Regulation ( EU) 2017/746, the In Vitro Diagnostic Medical Devices Regulation ( IVDR), along with the steps for placing a device on the EU market, including how the intricate transitional rules apply to ‘legacy’ devices certified under the former directives system For fuller analysis of how the MD Regulations affect related topics, see the following Practice Notes: The EU Medical Devices Regulation and In Vitro Diagnostic Medical Devices Regulation—scope, classification of devices and Notified Bodies Clinical evaluation and performance evaluation of medical devices in the EU Post-market surveillance of medical devices in the EU The EU Medical Devices Regulation and In Vitro Diagnostic Medical Devices Regulation— EUDAMED and economic operators The EU MDR and IVDR implementing acts and guidance tracker Medical devices— UK and EU...
This Practice Note outlines the breadth and categorisation of devices governed by Regulation ( EU) 2017/745, the Medical Devices Regulation ( MDR), and Regulation ( EU) 2017/746, the In Vitro Diagnostic Medical Devices Regulation ( IVDR) (together, the MD Regulations), along with conformity assessment routes and the designation and oversight of Notified Bodies... For information on: key provisions of the MDR and IVDR — see Practice Note: Introduction to the EU Medical Devices Regulation and In Vitro Diagnostic Medical Devices Regulation clinical evaluation and investigation of devices — see Practice Note: Clinical evaluation and performance evaluation of medical devices in the EU post-market surveillance — see Practice Note: Post-market surveillance of medical devices in the EU European database on medical devices ( EUDAMED) and the obligations of economic operators — see Practice Note: The EU Medical Devices...
ARCHIVED : This Practice Note is archived and no longer updated. It outlines the reach and principal aims of the Mediation Directive 2008/52/ EC, considers how it has been put into effect in the UK and what it means for the CPR. It also explains core definitions and offers guidance on the court’s approach to the Directive in relation to domestic mediations. Impact of Brexit The Mediation Directive took effect in England and Wales via the Cross- Border Mediation ( EU Directive) Regulations 2011, SI 2011/1133 (see further, Mediation Directive implementation— United Kingdom). Those Regulations were revoked on IP completion day (31 December 2020 at 11 pm), subject to transitional provisions. For direction on those transitional requirements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived]— Mediation. Where the transitional tests are satisfied, UK domestic legislation makes separate provision for the...
Popular documents
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 ]...
Discover more from LexisNexis
