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 sets out a high-level outline of key media content regulation in the EU, spanning broadcasting, social media, video-on-demand ( Vo D) services, and the press and magazines. It concentrates on rules governing material that appears on these channels—a species of oversight that has markedly grown in recent years, reflecting the drive to, for instance, tackle illegal content on social networks. The regime cited in this Practice Note applies (or is expected to apply) across the EU as a whole. That said, individual Member States may have domestic regulators empowered to set additional, territory-specific requirements, much as Ofcom supervises media in the UK. EU audiovisual regulators are listed on the European Commission website. Although the legislation discussed here does not take effect in the UK, it is still relevant to UK businesses operating in the...
This Practice Note explores the European database on medical devices ( EUDAMED) and the obligations on economic operators, including manufacturers, distributors and importers of medical devices, arising under Regulation ( EU) 2017/745, the Medical Devices Regulation ( MDR), and Regulation ( EU) 2017/746, the In Vitro Diagnostic Medical Devices Regulation ( IVDR). For guidance on: key provisions of the MDR and IVDR, refer to Practice Note: Introduction to the EU Medical Devices Regulation and In Vitro Diagnostic Medical Devices Regulation scope and classification of devices, conformity assessment procedures and Notified Bodies, see Practice Note: The EU Medical Devices Regulation and In Vitro Diagnostic Medical Devices Regulation—scope, classification of devices and Notified Bodies clinical evaluation and investigation of devices, consult Practice Note: Clinical evaluation and performance evaluation of medical devices in the EU post-market...
Practice Note: Marketing authorisations in the EU—regulatory procedures for approval of medicinal products As outlined in Practice Note: Marketing authorisations in the EU—regulatory procedures for approval of medicinal products, a medicinal product cannot lawfully be marketed unless prior approval, termed a marketing authorisation ( MA), has been secured in advance. An MA specifies the therapeutic indications, target patients and dosing for which the medicine is authorised, together with any obligations placed upon the marketing authorisation holder ( MAH) as part of the approval process. In the EU, an MA application may rely on several distinct legal bases. This Practice Note considers the available categories of marketing authorisation applications ( MAAs) in the EU and the underlying legal grounds, and also addresses practical aspects, including the required content and presentation of an application for an MA, the format of an...
Relevant news analysis Lexis®PSL Financial Services has released news analysis on the Market Abuse Regulation, which are presented and set out via the links indicated therein in the table below. 1 June 2017 — Reviewing the FMLC paper on the Market Abuse Regulation: Christopher Poon, counsel at Akin Gump Strauss Hauer & Feld, explores and evaluates the overall background, the scope, and the main findings of the Financial Markets Law Committee ( FMLC) paper, addressing the uncertainty over which financial instruments are captured within the scope of the Market Abuse Regulation ( MAR). ......
STOP PRESS: On 14 November 2024, the EU Listing Act appeared in the Official Journal, introducing revisions to the EU Market Abuse Regulation ( EU MAR). The majority of its provisions, including the EU MAR updates, are scheduled to apply from July 2026, contingent on the Commission adopting level 2 delegated acts. Certain EU MAR amendments on market soundings and managers’ transactions, however, have applied since 4 December 2024 and are flagged in the relevant sections of this Practice Note. ESMA issued its technical advice to the Commission on 7 May 2025 covering, among other matters, EU MAR. On 8 April 2026, the Commission released the final texts of two delegated acts: one on disclosing inside information and another addressing, among other aspects, indicators of market manipulation. These delegated acts will be published in the Official Journal of the EU and will take effect unless the...
Practice Note This Practice Note sets out a high-level, practical summary of the objectives and scope of Regulation ( EU) 2023/1230 on machinery, commonly referred to as the EU Machinery Regulation ( EU MR). The EU MR obliges manufacturers and other market participants engaged in making machinery and related products to comply with a broad range of health and safety requirements. It outlines the principal legal duties of manufacturers, importers and distributors (together with other persons who may fall within scope) and analyses the key departures from Directive 2006/42/ EC on machinery, known as the EU Machinery Directive ( EU MD), in the context of emerging digital and technological concepts. The machinery industry records an annual turnover of €700 billion and supplies vital products and technology used across numerous manufacturing and services sectors, including mining, manufacturing and textile, as well as the...
Key information EU MAC Directive Official title: Directive 2006/40/ EC of the European Parliament and of the Council of 17 May 2006 concerning emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/ EEC In force since: 4 July 2006 Transposition deadline: 4 January 2008 National transposition: See the Eur- Lex list of national transposition measures, as notified by Member States Subject: Greenhouse gases; fluorinated gases ( F-gases); transport; motor vehicles; transport emissions What are fluorinated gases ( F-gases)? Fluorinated gases ( F-gases) are a group of synthetic gases applied in numerous everyday products and industrial uses. This group covers: Hydrofluorocarbons ( HFCs) — widely used as refrigerants in refrigeration, air-conditioning and heat pump equipment (including vehicle air conditioning systems), as foam blowing agents, as solvents and in fire extinguishers and aerosols ...
Introduction to the EU legal system The EU legal order is sui generis—unmatched by any other legal system, even if it incorporates elements from many. To grasp its operation, resist folding it into a national template (or measuring it against one) and watch how it behaves from multiple perspectives. From the outset, the EU (then the EEC) was meant to evolve into more than a mere economic community, hence the founding Member States consented to cede slices of sovereignty to newly created 'supranational' institutions. Supranational, as the term suggests, describes authority set above a national framework. The label marks the contrast with intergovernmental arrangements, where choices are made by consensus and remain tied to the interests of national governments. Once inside the EU, Member States can no longer enact, on their own, laws within fields allocated by the EU Treaties, ie the Treaty on...
What is ‘carbon management’ and why is it necessary? Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) sets a binding legal duty on the EU to deliver a 55% cut in carbon emissions against 1990 levels by 2030, and to achieve full carbon neutrality—net zero—by 2050. Hitting these milestones will necessitate a substantial reduction in greenhouse gas emissions across the economy as a whole. At EU level, the downward trajectory is largely steered by the Fit for 55 climate package of legislation and measures, introduced pursuant to the 2019 European Green Deal. To sit alongside EU- and Member State-level actions and measures aimed at lowering emissions, the EU also recognises that carbon management must support the attainment of its climate objectives. This Practice Note sets out the EU initiatives associated and linked to carbon management, emphasising the key...
This page gathers pensions resources that cover key topics concerning EU law matters specifically. For general EU law information, consult EU structure, EU legislative process, EU judicial system, and EU rights and policies; these are found in the EU Law topic within the Public Law practice area for reference as well. Brexit Brexit and IP completion day—the implications for pensions [ Archived] Business sales / TUPE transfers TUPE—an overview for pensions lawyers TUPE and Beckmann—the pensions exception How to deal with Beckmann liabilities on a......
This starter guide introduces EU law for readers encountering the subject for the first time and is aimed at those new to EU law. It outlines the EU Law Practice Area, sets out fundamental themes and doctrines, and points to additional Lexis Nexis® materials and resources. It covers: An introduction to EU law Key topics in EU Law Further reading materials Key external links for EU law This guide is designed to help you get the best from the Lexis Nexis® EU Law content by showing where to locate it and how to subscribe to email updates and how to sign up for email alerts. If a topic is not addressed in this short guide, use the Topics tab or the Topics dropdown menu to explore more Practice Area material. To see starter guides for other Practice Areas, visit: New starter...
ARCHIVED: This Practice Note is archived and not maintained. What is the status of EU law in English law? EU law has formed part of UK law since the UK joined the European Economic Community in 1973. Accordingly, EU law can be relied upon in judicial review in the English courts: as a basis for contesting domestic law or a decision of a public authority to steer the interpretation of domestic legislation (primary or secondary) where domestic law or a public body’s decision rests on EU legislation that a claimant seeks to impugn as invalid The use of EU law in the English courts has also shaped judicial review procedure. This Practice Note primarily examines the effect of EU law on judicial review while the UK was an EU Member State. The final section, however, considers the position after the UK’s withdrawal from the EU. EU law was brought into UK...
The EU glossary brings together and clarifies terms regularly used in EU law. Blue economy The European Union’s blue economy covers all activities and sectors linked to oceans, seas and coastlines, whether operating directly in the marine environment (eg shipping, seafood, energy production) or on land (eg ports, shipyards, coastal infrastructures). Circular Economy Action Plan In March 2020, under the European Green Deal, the European Commission adopted a new Circular Economy Action Plan ( CEAP). The CEAP seeks to: make sustainable products the norm across the EU prioritise sectors likely to be highly affected by circularity, such as construction and buildings, batteries and vehicles, water, packaging, plastics, batteries, electronics empower consumers and public procurers cut waste For further details on the CEAP, see News Analysis: New circular economy action plan published, Sustainable products and supply chains ( EU Law)—overview and Practice Note: EU...
EU law The EU’s central aim of bringing Europe together rests solely on the rule of law. EU law forms a distinct, independent legal order, taking precedence (or supremacy) over domestic legal rules. Numerous principal actors are responsible for implementing, supervising and further developing this framework, to which a variety of procedures apply. In broad terms, EU law comprises three separate yet interlinked tiers of legislation: primary, secondary and tertiary. The EU’s body of law in its entirety is known as the ‘acquis communautaire’. Categories and areas of EU competence ‘ Competence’ denotes the EU’s authority to undertake specific action where that authority is granted by the Member States through the EU Treaties. The EU’s competences are set out in those Treaties, which provide the foundation for any action taken by EU institutions and define the scope of their measures. The Union may act only within the...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It considers the relationship between EU law and the direct tax rules of EU Member States, and, in particular, what occurs where a domestic direct tax provision appears to be incompatible with an EU fundamental freedom. The Note also describes the effect that EU law had on the UK’s direct tax regime while the UK was bound by EU obligations, ie up to the end of the Brexit implementation period on 31 December 2020 ( IP completion day). Unless expressly stated otherwise, references here to judgments of the EU Court of Justice are to judgments handed down before IP completion day. For guidance on the extent to which EU law continued to influence UK direct tax rules after IP completion day and until 31 December 2023, see Practice Note: Retained EU law and tax. For an...
This Practice Note monitors the development of the European Commission’s plan to revise Directive 2011/7/ EU on tackling late payment in commercial transactions, the EU Late Payment Directive, published on 12 September 2023. Background On 12 September 2023, as part of a wider set of measures to meet the needs of Europe’s small and medium-sized enterprises ( SMEs Relief package), the European Commission put forward a proposed Regulation on combating late payment in commercial transactions ( EU Late Payment Regulation). Among its aims is the enhancement of competitiveness and the overall business environment for SMEs across the EU. The proposed Regulation would repeal and replace the EU Late Payment Directive. Unlike a directive, a regulation takes direct effect in EU Member States. The EU Late Payment Directive is intended to improve the settlement of invoices in...
ARCHIVED: Revised Horizontal Guidelines were published in the Official Journal on 21 July 2023. This Practice Note was prepared with the earlier Horizontal Guidelines in mind and is not maintained. For the most up to date material, please refer to the relevant section in Practice Note: Analysing horizontal co-operation agreements under EU competition law. Joint purchasing agreements are arrangements through which two or more undertakings—often a considerable number—agree to buy together all or part of their product needs. These agreements can produce meaningful benefits for consumers and markets. They may secure cost efficiencies, such as lower purchase prices and reduced transaction, transport and storage costs, stemming from the parties’ greater purchasing power and economies of scale, with savings then passed on to customers. They can also provide qualitative advantages, for instance by encouraging suppliers to innovate and to introduce new or improved products into the...
Practice Note This Practice Note sets out the method to be adopted in practice when deciding whether the EU courts have jurisdiction to adjudicate an IP dispute, with principal reference to the scheme contained in Regulation ( EU) 1215/2012 ( Brussels I (recast)). It carefully examines the overall position across disputes about IP rights and then describes specific, practical questions for patents, trade marks, copyright and design rights, including the dedicated regimes for EU trade marks ( EUTMs) in Regulation ( EU) 2017/1001 and for EU designs in Regulation ( EC) 6/2002 (as amended by Regulation ( EU) 2024/2822). IP rights are secured on a national or regional territorial basis; however, the character of the subject matter (eg inventions, written works, etc) enables virtually immediate cross-border transmission, particularly in today’s modern digital age. Working out whether a given court has...
This Practice Note addresses the EU data protection and privacy ramifications of the internet of things ( Io T) and the information it generates. It considers the following principal areas: What is the internet of things? Data protection Key themes identified for concern Article 29 Working Party opinion on recent developments regarding the internet of things Cookies and equivalent tools Practical actions concerning data protection Cybersecurity EU Data Governance Act and EU Data Act Revised EU Product Liability Directive EU AI Act e- Evidence Regulation For fuller insight into core commercial issues linked to the Io T, see Practice Note: Internet of Things ( Io T)—key legal issues in the EU. Specific matters relating to automated vehicles are outside the scope of this Practice Note; for details, see Practice Note: Automated vehicles—data, privacy and cybersecurity issues in the EU. For material on the data protection and privacy aspects of the Io T in the UK, see...
The Internet of Things ( Io T) The Internet of Things refers to everyday items—not just conventional computing kit like laptops and mobiles—connected to the internet. Related terms include connected devices, smart objects, the internet of services, machine‑to‑machine ( M2M) technology, sensor networks, the network of networks, and pervasive or ubiquitous computing. Io T covers objects as varied as running shoes, buildings, cars, fridge‑freezers and drones. With embedded technology, these items can interact and share data online with one another, the user, the service provider and/or their environment, and they can be monitored and controlled remotely. This Practice Note introduces Io T technology in the EU and considers: The technology underpinning the Io T Identifying the legal issues Application programming interfaces ( APIs) Telecommunications and electrical equipment Intellectual...
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
