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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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Background to the The ( EC) 97/9 ( ICSD) is one of two existing EU guarantee scheme directives. The other, the Deposit Guarantee Schemes Directive ( DGSD), is discussed in Practice Note Deposit Guarantee Schemes Directive. Collectively, these directives require Member States to establish, respectively, depositor and investor protection schemes, providing minimum levels and scope of cover to customers of DGSD- and ICSD-covered firms. Under the ICSD, Member States must set up one or more investor compensation schemes ( ICSs) operating within its territory. Investment firms that deliver investment services must be members of such a scheme. ICSs are designed as a last-resort safety net, safeguarding investors against losses where an investment firm cannot repay money or return assets held for investors. They are not intended to cover investment risk: for example, where an investor has acquired shares which then fall in value. Until the UK...
This glossary provides concise explanations and definitions of significant investment funds terms, together with pointers to related Practice Notes... Alternative investment fund ( AIF) A collective investment undertaking—also covering any investment compartment of an AIF—that raises capital from several investors to invest according to a defined investment policy for their benefit, and which is not a UCITS fund under Directive 2009/65/ EC on the co-ordination of laws, regulations and administrative provisions for undertakings for collective investment in transferable securities ( AIFMD, Directive 2011/61/ EU, Art 4(1)(a)). An AIF may hold traditional or alternative assets and can be private or listed, authorised or unauthorised. For further detail (including scope and exemptions), see: Investment funds, asset management, and benchmarks ( EU Law)—overview Practice Note: EU...
The Investment Firms Regulation ( EU) 2019/2033 ( IFR) and the Investment Firms Directive ( EU) 2019/2034 ( IFD) took legal effect on 25 December 2019. Application of the IFR started on 26 June 2021, subject to certain limited exceptions. Member States had to implement the IFD in domestic legislation by 26 June 2021, and to apply most of those national measures from that same date across their jurisdictions. Under the IFR and IFD, the majority of EU investment firms are subject to new, streamlined prudential requirements, while large, systemic firms that conduct bank‑type activities and pose comparable risks are regulated and supervised as banks accordingly. Background to the IFR and IFD Across all Member States in the European Economic Area ( EEA), there are several thousand investment firms in operation. Most are small to medium‑sized and concentrate primarily on providing investment advice,...
Key information IAS Regulation title: Regulation ( EU) 1143/2014 on preventing and managing the introduction and spread of invasive alien species (the IAS Regulation) Entry into force: 01/01/2015 Transposition deadline: N/ A; as a directly applicable Regulation, no national transposition is required Amendments: Regulation ( EU) 2016/2031 on protective measures against pests of plants, amending Regulation ( EU) 228/2013, Regulation ( EU) 652/2014 and Regulation ( EU) 1143/2014, and repealing Council Directive 69/464/ EEC, Directive 74/647/ EEC, Directive 93/85/ EEC, Directive 98/57/ EC, Directive 2000/29/ EC, Directive 2006/91/ EC and Directive 2007/33/ EC Applicable from: 14 December 2019 Subject: Invasive species Background The EU Biodiversity Strategy to 2020, adopted in May 2011, announced a dedicated law to address invasive alien species. Its fifth target sought that, by 2020, IAS would be identified, priority species controlled or removed, and...
This Practice Note gives a high-level summary of the reach and principal provisions of Directive ( EU) 2016/97, the Insurance Distribution Directive ( IDD), which superseded the Insurance Mediation Directive (2002/92/ EC) ( IMD) with effect from 1 October 2018. It concentrates on the regulation of firms and explains who is in scope of the IDD, the regulated activities it covers and the exclusions. It also describes the IDD’s authorisation and registration requirements, passporting rights and sanctions. For further detail on the IDD, see: EU Insurance Distribution Directive ( IDD)—essentials EU Insurance Distribution Directive ( IDD)—organisational and conduct of business requirements EU Insurance Distribution Directive ( IDD)—insurance-based investment products EU Insurance Distribution Directive ( IDD)— Insurance Product Information Document requirements Scope of the Insurance Distribution Directive Who is affected? Any person or business engaged in distributing insurance and/or...
This Practice Note provides an overview of the aims, scope and principal elements of the Insurance Distribution Directive, Directive 2016/97/ EU ( IDD). For guidance on the UK insurance distribution framework, refer to Practice Note: UK insurance distribution regime—essentials. Background and objectives of the IDD After the Insurance Mediation Directive, Directive 2002/92/ EC ( IMD), took effect, divergences emerged in the way Member States interpreted the IMD. There were also worries about sales of life insurance and insurance-based investment products ( IBIPs), which seemed to deliver weaker consumer protection than sales of non‑insurance investment products. Following a series of public hearings, reviews, consultations and reports, the IMD was repealed and replaced by the IDD. The IDD was published in the Official Journal of the EU on 2 February 2016 and came into force on 23 February 2016. EU Member States were required to...
Why harmonisation is needed Divergence across Member States’ laws affects multiple outcomes, notably: the recovery rates available to creditors in different jurisdictions investment choices the restructuring of corporate groups A more consistent EU-level framework would enhance creditor recoveries and the flow of cross-border investment, while also supporting entrepreneurship, employment and innovation. The World Bank has previously produced substantial reports showing that improved insolvency regimes drive greater investment in a country (see Practice Note: Table of advantages and disadvantages of restructuring in various jurisdictions worldwide and News Analysis: Coronavirus ( COVID-19)— A nucleus for significant reform), and uneven national frameworks increase costs and create uncertainty when judging the risks of investing in another Member State (as noted by the European Systemic Risk Board ( ESRB); see: LNB News 12/05/2025 17). Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19), the Recast...
Why harmonisation is needed The lack of alignment across countries’ insolvency regimes influences: creditor recoveries across jurisdictions investment choices, and the restructuring of corporate groups A more consistent framework should not only raise returns to creditors and facilitate cross-border investment, but also support entrepreneurship, employment and innovation. In turn, greater clarity benefits markets and reduces barriers to cross-border investment decisions made by international creditors and investors. The World Bank has, on multiple occasions, produced substantial studies showing that enhanced insolvency legislation stimulates increased investment in a given country (see Practice Note: Table of advantages and disadvantages of restructuring in various jurisdictions worldwide and News Analysis: Coronavirus ( COVID-19)— A nucleus for significant reform), and divergences between national frameworks generate higher costs and uncertainty when evaluating the risks of investing in another state (as observed by the European Systemic Risk Board ( ESRB); see: LNB News...
The Aarhus Convention—introduction The European Union formally ratified the United Nations Economic Commission for Europe ( UNECE) Convention on Access to Information, Public Participation in Decision‑ Making and Access to Justice in Environmental Matters (the Aarhus Convention) in February 2005. In May 2005, the EU, together with its 27 Member States, became Parties to the Convention. The Aarhus Convention requires that each Party secure for the public three fundamental rights: access to environmental information, including details on the state of the environment, policies or measures affecting it, and public health and safety where these are affected by the state of the environment participation in the environmental decision‑making process, enabling the public to be involved when environmental choices are made access to justice in environmental matters Non-compliance with the Aarhus Convention Article 15 of the Aarhus Convention obliges the Parties to establish arrangements of a...
This EU tracker covers case law in the following areas: EU immigration policy Free movement of EU citizens New Pact on Migration and Asylum with a special focus on legal immigration Case law Case: A. B. v Ministerstvo vnitra, Odbor azylové a migrační politiky, Case C-349/24 Judgment date: 5 June 2025 Key facts/ Analysis: An application arose in litigation between a non- EU national and the Czech Ministry of the Interior’s Department of Asylum and Migration Policy, challenging a decision refusing that person international protection. The reference asks how Article 3 of Directive 2011/95/ EU should be construed. That provision concerns the scope for Member States to introduce more generous rules within the EU framework setting qualification standards for third‑country nationals or stateless persons as beneficiaries of international protection, establishing a uniform status for refugees or those eligible for subsidiary...
EU free movement of persons law This page brings together material covering aspects of EU law of interest to immigration advisers. The EU free movement of persons regime operates in EU Member States, the non‑ EU EEA countries of Norway, Iceland and Liechtenstein, and Switzerland. It permits nationals of those countries, and their family members, to enter and live in the other participating states, subject to specified conditions. For instance, to secure residence rights beyond three months, an individual must be in employment or self‑employment, in education, or financially self‑reliant (including holding comprehensive sickness insurance). For further information, consult: EU free movement of persons ( EU Law)—overview within the EU law practice area. This summary concerns EU free movement matters in particular......
This Practice Note outlines the requirements for insurance-based investment products ( IBIPs) under Directive ( EU) 2016/97, the Insurance Distribution Directive ( IDD), which superseded the Insurance Mediation Directive (2002/92/ EC) ( IMD) effective 1 October 2018. It concentrates on the rules applying to IBIPs on conflicts of interest, information provided to customers, and suitability and appropriateness, including those found in Commission Delegated Regulation ( EU) 2017/2359 ( IDD IBIPs Regulation), which supplements the IDD. For more on the IDD framework, refer to Practice Notes: EU Insurance Distribution Directive ( IDD)—essentials EU Insurance Distribution Directive ( IDD)—organisational and conduct of business requirements EU Insurance Distribution Directive ( IDD)—scope, registration, passporting and sanctions EU Insurance Distribution Directive ( IDD)— Insurance Product Information Document requirements What are insurance-based investment products? Under the IDD, an IBIP is defined as ‘an insurance product which offers a maturity or surrender value, where that...
Context Under the European Green Deal, the EU has set out bold milestones to curb greenhouse gas emissions steadily through 2030 and beyond, with the overarching objective of achieving net zero by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) creates a legally binding duty on the Union to secure a 55% cut in carbon emissions against 1990 levels by 2030, and to reach complete carbon neutrality by 2050. The European Commission estimates that producing and using energy generates more than 75% of the EU’s greenhouse gas ( GHG) emissions. Rapid decarbonisation of the energy system is therefore a critical requirement for meeting the 2030 and 2050 targets. To deliver this, the EU is designing and implementing a legal and policy framework for a climate-neutral, 'clean' energy system, centred around renewable energy and renewable hydrogen, together with improved energy...
UK implementation of EU Habitats Directive EU Council Directive 92/43/ EEC ( OJ L 206, 22.7.1992) concerning the conservation of natural habitats and of wild fauna and flora (the EU Habitats Directive), as it continues to operate within the EU, is predominantly transposed in England and the UK offshore area by: Part I of the Wildlife and Countryside Act 1981 the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations), which apply in England and Wales and their seas up to 12 nautical miles from the coast the Offshore Marine Habitats and Species Regulations 2017, SI 2017/1013 (the Offshore Regulations), which apply in UK waters beyond 12 nautical miles from the coast and/or the Offshore Petroleum Activities ( Conservation of Habitats) Regulations 2001, SI 2001/1754 In this Practice Note, these instruments are collectively termed ‘habitats...
This Practice Note This Practice Note considers the practical aspects of product withdrawal, recall and other remedial measures for ordinary consumer goods in the EU from the standpoint of economic operators under Regulation ( EU) 2023/988, the EU General Product Safety Regulation ( EU GPSR). That instrument repeals Directive 2001/95/ EC, the EU General Product Safety Directive, with effect from 13 December 2024. The EU GPSR came into force on 12 June 2023 and has applied since 13 December 2024. It brings in fresh obligations designed to make recalls more effective. Under the EU GPSR, economic operators must alert the competent national authorities when an item they have placed on the market is identified as dangerous, and must also act to address the risk found. According to the level and type of risk, national authorities may oblige businesses to take additional steps, such as...
This Practice Note provides a concise overview of the legal safeguards available for geographical indications ( GIs) and designations of origin, including appellations of origin, protected designations of origin ( PDOs) and protected GIs ( PGIs) under international and EU law. It explains the global framework grounded in the Paris Convention for the Protection of Industrial Property and the Agreement on Trade- Related Aspects of Intellectual Property Rights (the TRIPS Agreement), alongside the protection afforded by EU regulations, with particular focus on the regimes applied to different product categories. It also outlines the enforcement routes open to rights holders, and finally reviews how appellations of origin, PDOs and PGIs interface with trade mark law. For guidance on GI protection under UK law, see Practice Note: Protection of geographical indications— UK. International protection of geographical...
CASE HUB NOTE—appeal lodged before the General Court in Case T- 172/21 ARCHIVED This archived case hub records the position at the date of the 20 January 2021 decision and is not maintained. See further: timeline, commentary and related cases. Case facts Outline European Commission Article 101 TFEU inquiry into bilateral arrangements between Valve Corporation (owner of a game distribution platform) and five video game publishers— Bandai Namco, Capcom, Focus Home, Koch Media and Zeni Max—aimed at restricting parallel trade within EU Member States by stopping customers buying cheaper games sold outside a customer’s location or country of residence (geo‑blocking). Latest development On 20 January 2021, the Commission adopted an infringement decision. Fines totalling €7.8m were imposed as follows: Valve — €1.62m Bandai Namco — €340,000 (including a 10% reduction for co‑operation) Capcom — €396,000 (including a 15% reduction for...
ARCHIVED : This Practice Note has been archived and is not maintained . This Practice Note charts the historical progress of the European Commission’s proposal for a new EU General Product Safety Regulation replacing Directive 2001/95/ EC on general product safety, also known as the EU General Product Safety Directive ( EU GPSD). The EU General Product Safety Regulation ( Regulation ( EU) 2023/988) was adopted on 10 May 2023 and published in the OJEU on 23 May 2023. It entered into force on 12 June 2023 and will start to apply on 13 December 2024. For more details on the EU General Product Safety Regulation, see Practice Note: The EU General Product Safety Regulation. Background The EU GPSD establishes a general product safety obligation, requiring producers to place only safe products on the EU market. For further guidance on the EU GPSD, see: ...
This Practice Note provides guidance on Regulation ( EU) 2023/988 on general product safety, known as the EU General Product Safety Regulation ( EU GPSR). Under the EU GPSR, economic operators may place on the market only products that are safe. With effect from 13 December 2024, the EU GPSR repealed Directive 2001/95/ EC, the EU General Product Safety Directive ( EU GPSD). This Practice Note summarises the Regulation’s objectives and scope, sets out the main obligations, and examines how product safety is assessed under the EU GPSR. It also considers enforcement aspects. This Practice Note does not address product liability legislation. For further details on EU product liability, see Practice Note: The Revised EU Product Liability Directive. Background and objectives The EU GPSR aims to strengthen the functioning of the internal market while safeguarding consumers’ health and safety. It establishes essential...
ARCHIVED: This Practice Note has been archived and is no longer updated or supported. STOP PRESS: The General Product Safety Directive ( GPSD) has been revoked by Regulation ( EU) 2023/988, referred to as the General Product Safety Regulation ( GPSR). For further details on the GPSR, please consult Practice Note: The EU General Product Safety Regulation. This Practice Note offers additional practical guidance on Directive 2001/95/ EC, commonly called the General Product Safety Directive ( GPSD). Under the GPSD, producers must place on the market only products that are safe. It also obliges Member States to carry out market surveillance in order to ensure producers and distributors fully meet their duties. This Practice Note sets out a summary of the key objectives, scope and recent developments of the GPSD. It also outlines producer and distributor...
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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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