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Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
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ARCHIVED: This Practice Note has been archived and is not maintained Originally prepared in partnership with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of Edinburgh. The EU Emissions Trading System ( EU ETS) is the largest emissions trading scheme globally by volume. It functions as a cap-and-trade arrangement: an overall cap is set on the aggregate greenhouse gas emissions from all sectors participating in the scheme, and that cap is translated into allowances that can be traded. For more information, see Practice Notes: Emissions trading—overview EU ETS Directive 2003/87/ EC—snapshot EU Emissions trading system—outline EU ETS Phase III UK implementation—legal framework, key obligations and administration [ Archived] EU ETS Phase III UK implementation—regulated activities, operators, and installations [ Archived] EU ETS Phase III UK...
ARCHIVED: This Practice Note has been archived and is not maintained. Originally developed in collaboration with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of Edinburgh. The EU Emissions Trading System ( EU ETS) is the world’s largest trading system by volume. Its core operation, legal framework, allocation rules, scope and coverage are addressed in the following Practice Notes: Emissions trading—overview EU ETS Directive 2003/87/ EC—snapshot EU Emissions trading system—outline EU ETS Phase III UK implementation—legal framework, key obligations and administration [ Archived] EU ETS Phase III UK implementation—regulated activities, operators, and installations [ Archived] EU ETS Phase III UK implementation—allocation of allowances and auctioning [ Archived] When is a greenhouse gas permit required under Phase III EU ETS? [ Archived] Phase IV of the EU ETS runs from 2021 to 2030. It applies a cap on total emissions that decreases annually by 2.2%; it doubles the number of...
Originally prepared in collaboration with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of Edinburgh. ARCHIVED: This Practice Note is archived and not being maintained. Brexit At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation phase following the UK’s withdrawal from the EU came to an end. That moment, known in UK law as ‘ IP completion day’, saw key transitional measures lapse and significant changes start to apply across the UK’s legal framework. At the close of the implementation period, the UK left the EU Emissions Trading System ( EU ETS). The UK established its own UK emissions trading scheme ( UK ETS), with obligations for UK ETS participants commencing on 1 January 2021, the start of the UK ETS’s first trading period. However, under the terms of the Withdrawal Agreement, the UK remained within the EU ETS during the...
Introduction of the ETS II The core EU Emissions Trading System ( EU ETS) operates under Directive 2003/87/ EC of the European Parliament and of the Council dated 13 October 2003, which created a greenhouse gas emission allowance trading scheme (the EU ETS Directive). The Directive sets out a legal framework intended to drive reductions in greenhouse gas ( GHG) emissions in a cost-effective and economically efficient way. On 14 July 2021, the Commission adopted a package of legislative proposals to put the EU on track to deliver at least a 55% cut in emissions from 1990 levels by 2030 and to reach climate neutrality, or net-zero emissions, by 2050. First trailed in 2019 under the European Green Deal and branded the ‘ Fit for 55’ package, the proposals covered updates to the main EU ETS, the EU ETS for aviation, and Decision ( EU)...
This Practice Note outlines the EU framework governing exchange traded funds ( ETFs). These are, in broad terms, open-ended investment vehicles that follow, for instance, an index, asset class or strategy and are dealt on an exchange or another trading venue. What is an ETF? In the EU, an ETF is a fund with at least one unit or share class traded throughout the day on at least one trading venue, and supported by at least one market maker that acts to keep the trading price of its units or shares close to its net asset value ( NAV) and, where relevant, its indicative NAV. This meaning of ‘ ETF’ appears in Article 4(1)(46) of the recast Markets in Financial Instruments Directive (2014/65/ EU) ( Mi FID II). ETFs are the most widely used exchange traded products ( ETPs) in the EU. Other ETP types...
This Practice Note reviews the EU environmental, social and governance ( ESG) — also termed sustainability — integration measures, which revised delegated acts under the Alternative Investment Fund Managers Directive 2011/61/ EU ( AIFMD), the Undertakings for Collective Investment in Transferable Securities ( UCITS) Directive 2009/65/ EC and the recast Markets in Financial Instruments Directive 2014/65/ EU ( Mi FID II), and considers their industry impact. It also briefly highlights the UK’s departure in respect of these measures. What were the ESG integration measures? In August 2021, a package of measures (the Delegated Acts) appeared in the Official Journal of the EU; see Application of the ESG measures below, and they affected UCITS management companies, alternative investment fund managers ( AIFMs) and Mi FID investment firms (together, managers). For practical guidance on managers, refer to Practice Notes: Undertakings for Collective Investment in...
This Practice Note charts notable historical shifts in the EU’s rules on environment, social, and governance ( ESG) and wider sustainability issues. It sets out major milestones and explains them with pertinent commentary, covering enacted laws as well as other significant movements, such as issued guidance and strategies and action plans at EU level. This tracker addresses legislative changes from 2025 onwards. Over recent years, the ideas of ‘sustainability’ and ‘sustainable business’ have developed in scope and meaning. Today, sustainability work is commonly grouped into three pillars: environment, social, and governance (collectively, ESG). The EU’s agenda to advance and reward sustainable corporate behaviour draws on multiple international accords and frameworks, including the Paris Agreement, the Task Force on Climate-related Financial Disclosures, the Task Force on Nature-related Financial Disclosures, and the United Nations Sustainable Development Goals. The measures tracked are also tied to broader...
Introduction to bringing an appeal against an ESA decision The three European Supervisory Authorities ( ESAs)—the European Securities and Markets Authority ( ESMA), the European Banking Authority ( EBA) and the European Insurance and Occupational Pensions Authority ( EIOPA)—were established with effect from January 2011. They promote closer cooperation and the exchange of information among national supervisors across the EU, facilitate the adoption at EU level of solutions to cross‑border problems, and advance the coherent interpretation and application of rules. For further information, see The European Supervisory Authorities ( ESAs) and the European System of Financial Supervision and The EU’s Single Supervisory Mechanism. Articles 58 and 59 of Regulation ( EU) No 1093/2010, Regulation ( EU) No 1094/2010 and Regulation ( EU) No 1095/2010 (collectively, the ESAs Regulations) make provision for the establishment of an independent and impartial Board of Appeal of the three ESAs. Under...
This tracker outlines key dates and updates on proposed amendments to privacy and electronic communications laws in the EU. It compiles consultations, draft texts, progress notes and opinions concerning Directive 2002/58/ EC, the EU e Privacy Directive. Reform of the current Directive has been in train for some time, with a proposed e Privacy Regulation intended to deliver a more harmonised approach across EU Member States. The proposal addressed: privacy online communications direct marketing analytics spamming cookies Its reach exceeded the Directive and would have applied to every electronic communications service provider in the EU, plus non‑ EU providers supplying such services to EU residents. That captured ‘over‑the‑top’ communications platforms (such as Whats App or Facebook Messenger), organisations offering customer Wi‑ Fi access, and machine‑to‑machine communications. However, the e Privacy Regulation proposal was withdrawn in February 2025 (see: LNB News...
ARCHIVED This Practice Note has been archived and is no longer maintained. This case tracker highlights notable judgments and opinions from the General Court of the EU and the Court of Justice of the EU delivered from 1 January 2024, of interest to environmental lawyers. The tracker is organised into: the General Court of the European Union the Court of Justice of the European Union For decisions from 2023, see Practice Note: EU environment cases tracker 2023 [ Archived]. General Court of the European Union Carmeuse Holding Srl v European Commission ( Case T-385/22) Judgment: 11 December 2024 Environment – Directive 2003/87/ EC – EU emissions trading scheme – Transitional rules on harmonised free allocation for 2021–2030 – Amendments to Romania’s national allocation table for 2021–2025 – Transitional free allocation of...
This cases tracker highlights significant judgments and opinions from the General Court of the EU and the Court of Justice of the EU issued from 1 January 2023 that may interest environment lawyers. Updates are made each month. The tracker is organised into: the General Court of the European Union the Court of Justice of the European Union General Court of the European Union What’s happening? When? Find out more Arctic Paper Grycksbo AB v Commission, Case T-269/21 Judgment: 26 July 2023 Environment – Directive 2003/87/ EC – greenhouse gas emissions trading scheme – national measures implementing the Directive – temporary free allocation of greenhouse gas emission allowances – exclusion of an installation operating solely on biomass – duty of care – right to be heard – duty to provide reasons – manifest error of assessment – equal treatment – protection of legitimate...
This cases tracker showcases key judgments and formal opinions issued by the General Court of the EU and the Court of Justice of the EU during 2026 that could interest environment lawyers across the field. The tracker......
This tracker showcases notable judgments and opinions from the General Court of the EU and the Court of Justice of the EU delivered in 2025, of likely interest to energy lawyers. Updates are made monthly. It is organised into: the General Court of the European Union the Court of Justice of the European Union To view 2024 rulings, see Practice Note: EU energy cases tracker 2024. General Court of the European Union Case: BNetz A and Germany v ACER ( Joined cases T-600/23 and T-612/23; ECLI: EU: T:2025:927) Judgment: 1 October 2025 Energy – Internal electricity market – Regulation ( EU) 2015/1222 – Regulation ( EU) 2019/943 – Allocation of cross‑zonal capacity between bidding zones and congestion management – Establishment of shared regional methodologies for calculating day‑ahead and intraday capacity – Proposals by transmission system operators in the ‘ Core’...
Cases tracker This tracker showcases notable rulings and opinions from the General Court of the EU and the Court of Justice of the EU issued since 1 January 2023, of particular relevance to energy lawyers... The tracker is divided into: the General Court of the European Union the Court of Justice of the European Union General Court of the European Union What’s happening? When? Find out more Aquind and Others v ACER Case: T-492/21 Judgment: 15 February 2023 Energy – scope of ACER’s competence – the United Kingdom’s withdrawal from the European Union – error of law – Article 2(1) of Regulation ( EU) 2019/943 – Article 92 of the Withdrawal Agreement – ad hoc exemption scheme under Article 308 of, and Annex 28 to, the Trade and Cooperation Agreement The applicants, Aquind Ltd, Aquind Energy Sàrl and Aquind SAS, sought annulment of the decision of ACER’s Board of Appeal dated 4 June...
Background and key objectives Directive ( EU) 2023/1791 of the European Parliament and the Council, adopted on 13 September 2023, concerning energy efficiency (the recast EED), appeared in the Official Journal on 20 September 2023. Member States are obliged to transpose most measures of the recast EED into domestic law by 11 October 2025, enabling the changes to apply from 12 October 2025, subject to certain article-specific exceptions set out in Article 37. The earlier Energy Efficiency Directive ( Directive 2012/27/ EU) is repealed with effect from 12 October 2025. For further detail on the position under the original EED, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. The recast EED overhauls the EU’s energy efficiency framework to align it with the ambition of reaching net zero by 2050. It raises the EU-wide 2030 energy efficiency objective, aiming to lower the need for...
Background and key objectives Directive ( EU) 2023/1791 of the European Parliament and of the Council, adopted on 13 September 2023, on energy efficiency (the recast EED), was issued in the Official Journal on 20 September 2023. Member States were required to transpose most provisions of the recast EED into national law by 11 October 2025 so that the revisions would apply from 12 October 2025, subject to certain article-specific exceptions set out in Article 37 of the Directive. The previous Energy Efficiency Directive ( Directive 2012/27/ EU) is repealed with effect from 12 October 2025. For further information on the position under the original EED, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. The recast EED refreshes the EU’s energy efficiency framework to align with the ambition of reaching net zero by 2050. It raises the EU-wide 2030 energy...
Protection of critical infrastructure and cybersecurity— EU strategy In October 2016, the European Parliament’s Committee on Industry, Research and Energy ( ITRE) issued a Cybersecurity Strategy for the Energy Sector. The paper reviewed prevailing policies and legislation, and considered routes for developing energy‑specific cyber security solutions and protective practices. It found that the continued rollout of smart energy systems, coupled with growing interconnection and interdependence across Member State borders, has produced rapid expansion of networked intelligence throughout energy grids and into consumers’ premises via smart devices. This enlarged attack surface, together with the fact that the energy system is inherently linked to every other critical infrastructure network, renders the sector especially susceptible to cyber attacks. That exposure has only grown since the 2016 strategy was released. On 16 December 2020, the European Commission and the High Representative of the Union for Foreign Affairs and...
This case tracker presents significant rulings and opinions from the General Court of the EU and the Court of Justice of the EU, handed down in 2026, which could be of interest to......
This Practice Note provides an overview of principal EU employment laws, spanning, among other areas, employment and social policy, labour law (including safeguards for particular groups of workers), workplace conditions, anti-discrimination protection, equal treatment and work-life balance and related matters. For a digest of EU employment measures effective from 2025 and proposals, consult Practice Note: EU employment and social policy tracker (mentions of EU laws operative from 2025, together with links to the tracker and related Practice Notes, have been inserted in the sections below as set out)......
This Practice Note explains how EU EMIR applies to funds—covering alternative investment funds ( AIFs) and undertakings for collective investment in transferable securities ( UCITS)—and their fund managers, as well as the updates introduced by Regulation ( EU) 2024/2987 ( EMIR 3)... EU EMIR—key requirements The European Market Infrastructure Regulation ( EU) 648/2012 ( EU EMIR) is the chief EU framework overseeing the over-the-counter ( OTC) derivatives market. Its principal features are: an obligation for certain counterparties to centrally clear specified standardised OTC derivatives via a central counterparty ( CCP) (see Clearing below) a duty to report derivative contracts to a trade repository ( TR) (see What are a fund or fund manager counterparty’s obligations? below) margin requirements for some non-centrally cleared OTC derivatives entered into by particular counterparties (see What are a fund or fund manager...
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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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