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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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This Practice Note is archived and is no longer kept up to date. Regulation ( EU) 2019/834 ( EU EMIR REFIT) appeared in the Official Journal of the EU on 28 May 2019, with application from dates starting on 17 June 2019. Regulation ( EU) 2019/2099 ( EU EMIR 2.2) was published in the Official Journal of the EU on 12 December 2019 and applies from 1 January 2020. This Practice Note outlines the amendments to Regulation ( EU) 648/2012 ( EU EMIR) introduced by EU EMIR REFIT and EU EMIR 2.2. For current detail on EU EMIR, see Practice Note: EU EMIR—essentials and Checklist: EU EMIR—timeline. EU EMIR REFIT The following sets out the principal adjustments to EU EMIR made by EU EMIR REFIT. EMIR REFIT has applied since 17 June 2019, unless otherwise...
What is EU EMIR? In 2009, the G20 committed to reforms to raise transparency and cut systemic counterparty risk in the over-the-counter ( OTC) derivatives market. The European Market Infrastructure Regulation ( EU) No 648/2012 ( EU EMIR) gives effect to most of these commitments within the EU. EU EMIR encompasses: OTC derivatives Central clearing counterparties ( CCPs) Trade repositories ( TRs) EMIR 3 — Regulation ( EU) 2024/2987 of the European Parliament and of the Council of 27 November 2024 amending Regulation ( EU) No 648/2012, Regulation ( EU) No 575/2013 and Regulation ( EU) 2017/1131, concerning measures to mitigate excessive exposures to third-country central counterparties and to improve the efficiency of Union clearing markets — was published in the Official Journal of the EU on 4 December 2024. EMIR 3 enters into force on 24 December 2024 and applies from that date, except for...
This Practice Note reviews the European Long‑ Term Investment Funds ( ELTIF) Regulation ( EU) 2015/760, addressing its legislative context, scope, authorisation conditions, eligible investments, disclosure duties and rules on marketing. The ELTIF Regulation is a dedicated alternative investment fund ( AIF) framework available to EU alternative investment fund managers ( AIFMs) authorised under the Alternative Investment Fund Managers Directive (2011/61/ EU) ( AIFMD). Legislative background to the ELTIF Regulation In June 2013, the European Commission proposed a new fund vehicle—the ELTIF—intended to ease longer term investment for both managers and investors. The ELTIF Regulation ( Regulation ( EU) 2015/760) was published in the Official Journal of the European Union on 19 May 2015 and has applied in Member States since 9 December 2015. On 23 March 2018, Commission Delegated Regulation ( EU) 2018/480 (the ELTIF Delegated Regulation) appeared in the Official Journal. The ELTIF...
ARCHIVED: This Practice Note is archived and no longer updated. It sets out an overview of the EU regime governing electronic communications (the Framework) and its principal components. It outlines the scope and substance of the key directives comprising the Framework, together with the policy themes they cover. The aim of the Framework was to deliver a harmonised system for regulating electronic communications networks and services across the EU. The European Commission has issued a complete set of Framework documents as at December 2009. The Framework has since been superseded by Directive ( EU) 2018/1972, the European Electronic Communications Code, which restates and consolidates the Framework directives (excluding Directive 2002/58/ EC (the e Privacy Directive)). Directive ( EU) 2018/1972 establishing the European Electronic Communications Code was approved by the Council of the EU on 3 December 2018, published in the Official Journal of the EU on 17...
ARCHIVED: This Practice Note is archived and no longer updated. It addresses Directive 2002/20/ EC of the European Parliament and of the Council of 7 March 2002 concerning the authorisation of electronic communications networks and services, as modified by Directive 2009/140/ EC (the Authorisation Directive). It forms part of a collection of Practice Notes on key elements of the EU regulatory framework for electronic communications. Across the EU, the supply of electronic communications networks and services in each Member State is governed by a common regulatory scheme, which initially comprised five directives (the Framework). The Framework’s purpose was to create a harmonised regime for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive ( EU) 2018/1972 establishing the European Electronic Communications Code ( Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and...
Background—the First to Fifth Energy Packages Under Article 194 of the Treaty on the Functioning of the European Union ( TFEU), the Member States have, among other matters, granted the EU powers to ensure the operation of the energy market, protect security of energy supply, advance energy efficiency and saving and the development of novel and renewable energy forms, and support the interconnection of national energy networks. Article 194 further requires the European Parliament and the Council to adopt the measures needed to realise these goals. Accordingly, since the 1990s, a sequence of legislative packages has been enacted to create a shared EU-level rulebook to open national energy markets. These are set out below: First Energy Package — adopted between 1996 and 1998, initiating the first liberalisation of national energy markets Second Energy Package — adopted in 2003, enabling...
This Practice Note introduces the EU legislative framework for the physical assets underpinning electricity generation, transport and use in the EU, together with EU wholesale and retail electricity markets. It tracks the evolution of electricity system regulation from the first liberalisation of European energy markets in the 1990s to the Fifth Energy Package, adopted in 2024 to revise the Electricity Directive ( Directive ( EU) 2019/944) and the Electricity Regulation ( Regulation ( EU) 2019/943) in line with the EU’s decarbonisation goals. It also identifies the key actors in the EU electricity system and outlines their primary roles and obligations, including detail on the cross-border role of the European Agency for the Cooperation of Energy Regulators ( ACER). Structure of the EU electricity system Rules governing the EU electricity system address both: the physical infrastructure for electricity generation, transport and use (the...
Structure of the EU electricity system EU electricity rules govern two core areas: the physical set-up for generating, transmitting and using electricity (the electricity network or grid), and the operation of electricity markets, meaning the flow of money. Under the Electricity Directive, ‘electricity markets’ encompass markets for electricity itself—covering over-the-counter trading and exchanges—as well as markets for energy, capacity, balancing and ancillary services across all timeframes, including forward, day-ahead and intraday periods. The EU electricity market is split into: Wholesale (production) markets, which cover the movement of electricity and related transactions between generators and retailers. Generators, suppliers and certain large industrial consumers take part in wholesale markets, and Retail markets, which provide electricity to final consumers. Directive ( EU) 2019/944 (the...
Structure of the EU electricity system Rules for the EU electricity system govern two areas: the physical infrastructure for electricity generation, transport and use (often termed the electricity network or grid), and electricity markets (ie the flow of money) Electricity moves through the EU network broadly as follows: Generation — the production of electricity using, for example, fossil fuels, solar, wind, nuclear or geothermal sources Transport — the movement of electricity through the network (or grid), typically divided into: Transmission — long-distance transfer on the extra high-voltage and high-voltage interconnected system, aimed at delivery to final customers or distributors Distribution — carrying electricity from transmission networks and distributing it to consumers. Power from smaller renewables, such as solar and wind, is generally fed into...
Structure of the EU electricity system EU rules on electricity govern two core spheres: the physical set-up for generation, movement and consumption of power (often termed the electricity network or grid), and the organisation of electricity markets (i.e. the flow of money). Electricity moves through the EU grid in broad stages: Generation—the creation of electricity using, for instance, fossil fuels, solar, wind, nuclear or geothermal sources Transport—the conveyance of electricity across the network, typically divided into: Transmission—long-distance transfer on the extra high-voltage and high-voltage interconnected system, with delivery to final customers or to distributors in view Distribution—movement from transmission networks and distribution to consumers. Electricity from smaller renewable installations, such as solar and wind, is generally injected into the distribution networks ...
ARCHIVED: This Practice Note is archived and is not being maintained, and will not be updated further. This Practice Note follows the development of the European Commission’s proposal to amend Regulation ( EU) 910/2014 ( OJ L 257/73), the EU e IDAS Regulation, to create a framework for a European Digital Identity. It records milestones as the proposal moved forward. Adopted in 2014, the EU e IDAS Regulation replaced Directive 1999/93/ EC, commonly known as the EU e‑ Signature Directive. Regulation ( EU) 2024/1183, the European Digital Identity Framework, was published in the Official Journal of the EU on 30 April 2024 and entered into force on 20 May 2024. It is expected to streamline access to online services; bolster user trust and confidence in digital interactions; spur the digital economy by encouraging innovation and competition; and lessen the risk of identity theft and...
This Practice Note offers a concise outline of Regulation ( EU) 910/2014 (the e IDAS Regulation), as updated by Regulation ( EU) 2024/1183 (the European Digital Identity Regulation, or EUDI Regulation). The updated regime is commonly known as e IDAS 2.0. The revised e IDAS framework establishes the legal basis for electronic signatures, digital identities and other ‘trust services’ across the EU. It clarifies who may rely on electronic signatures and digital identities, and in what circumstances. It also sets specific obligations for providers of ‘trust services’ and brings in a European Digital Identity Wallet ( EUDI Wallet), scheduled to be available in 2026. This Practice Note focuses solely on EU law; for the general position on electronic signatures under the law of England and Wales, see Practice Note: Electronic...
This Practice Note outlines Directive 2000/31/ EC, the Directive on electronic commerce (the EU E- Commerce Directive), highlighting core definitions, obligations, and the country of origin principle. The defences under the EU E- Commerce Directive—incorporated into Regulation ( EU) 2022/2065, the EU Digital Services Act, from 17 February 2024—are addressed only in brief here. For fuller coverage of intermediary service providers’ liability and the conditional exemptions from liability, see Practice Note: The liability exemptions/defences under the EU Digital Services Act. Background EU businesses operating as information society service providers ( ISSPs) are subject to the EU E- Commerce Directive (together with any relevant local laws in applicable EEA states) for information society services delivered within the EEA. Information society service providers must: make specified information available to service recipients clearly identify commercial communications provide certain information to service recipients with whom an...
Key information Ecodesign Directive Official title: Directive 2009/125/ EC of the European Parliament and of the Council of 21 October 2009, establishing a framework for setting ecodesign requirements for energy‑related products (recast). Repeals: Directive 2005/32/ EC of the European Parliament and of the Council of 6 July 2005 on ecodesign requirements for energy‑using products, without prejudice to the obligations of the Member States regarding the time limits for transposition into national law as laid down in Annex IX, Part B of Directive 2009/125/ EC; and Directive 2008/28/ EC of 11 March 2008, Article 1 only. Entry into force: 20 November 2009. National transposition: See the Eur‑ Lex list of national transposition measures, as provided by Member States. Transposition deadline: 20 November 2010. Amended by: Directive 2012/27/ EU of the European Parliament and of the Council of 25 October 2012 on...
This Practice Note reviews the principal EU legal considerations tied to operating unmanned aircraft, or drones, for leisure and business purposes. It covers: Drones—the basics International aviation regulation European aviation regulation Classification of drones under the Implementing Regulation and the Delegated Regulation Key provisions of the Implementing Regulation Product liability Insurance Cybersecurity Regulating the design and manufacture of UAS Uncrewed aircraft (including other forms of uncrewed aeroplanes) are typically grouped into three main classes. The largest uncrewed types, such as those built for carrying passengers or for extended-range military use, are handled in law in the same manner as crewed aeroplanes. As a result, they face stringent oversight, encompassing platform certification and registration, pilot licences and operating rules comparable to standard civil aviation. This drone class is outside the scope of this Practice Note. Operations with unmanned aircraft that fall short of conventional certification benchmarks, yet can be shown to be safe,...
This tracker highlights important dates linked to EU civilian drone regulation, including key developments and initiatives (also termed unmanned aerial vehicles, or UAVs). It captures consultations, legislative changes and EASA guidance, alongside reports and announcements. For a fuller overview of EU drone law, see Practice Note: Drones—the EU legal framework. To monitor UK actions on drones, see Practice Note: UK drones—tracker. Key developments 3 December 2024 — Legislation: EASA issues updated Easy Access Rules for Standardised European Rules of the Air, bringing together amendments to operating rules on the use of Air Traffic Management and Air Navigation Services systems and constituents in the Single European Sky airspace, the relevant ICAO provisions and the radio communication failure procedure, the associated acceptable means of compliance and guidance material, and the requirements for operating manned aircraft with a vertical take-off and landing...
CASE HUB See further, timeline. Case facts Outline Commission Digital Markets Act inquiry into ’s: (i) App Store steering rules, (ii) adherence to user choice obligations, and (iii) contractual terms. Latest development On 23 April 2025, the Commission adopted an infringement decision and imposed fines totalling €500m on for violating its anti‑steering obligation under the DMA. On the same day, the Commission: (i) closed its investigation into 's user choice obligations under the DMA; and (ii) informed of its preliminary view that 's terms for alternative app distribution contravene the DMA. Parties • Background On 5 September 2023, the Commission designated , amongst other undertakings, as a ‘gatekeeper’, requiring compliance with all DMA obligations. On 25 March 2024, the Commission launched two non‑compliance probes into ’s: (i) rules on steering for the App Store; and (ii) compliance with user choice duties. On 24 June 2024, the...
Many assume pension schemes are outside the tax net. In fact, for numerous funds, investment taxation can be material, notably withholding taxes arising on share dividends. That said, avenues may exist to reclaim part or all of this burden. This Practice Note sets out the legal framework permitting recovery of EU withholding taxes that would otherwise be lost. Why is EU withholding tax reclaimable? A range of European Union ( EU) Member States ( Member States) levy withholding tax ( WHT) on domestically sourced dividend distributions made to pension funds that are not resident. This often contrasts with the position of domestic pension funds, which may benefit from an exemption from the same WHT. Although taxing powers sit outside EU competence, the EU free movement of capital is sufficiently wide to catch national tax rules that, subject to the tests listed below, treat resident and...
Background Adopted in 2003, the Market Abuse Directive 2003/6/ EC ( MAD) set an EU‑wide legal framework to safeguard market integrity against insider dealing and market manipulation. In the wake of the extensive harm caused by the financial crisis, MAD’s effectiveness was reviewed, leading the European Commission to recommend its repeal and replacement. Consequently, on 12 June 2014, two new instruments were published in the Official Journal of the European Union: Regulation ( EU) 596/2014 ( EU Market Abuse Regulation) Directive 2014/57/ EU on criminal sanctions for market abuse ( CSMAD) In combination, the EU Market Abuse Regulation and CSMAD displaced MAD and introduced a refreshed EU market abuse regime, capturing a wider array of markets, products and behaviours than before. Both measures took effect on 3 July 2016. For further detail on the EU Market Abuse Regulation, see Practice Note: EU Market Abuse...
This Practice Note outlines the EU approach to the liability of intermediary service providers and the conditional exemptions from liability under Regulation ( EU) 2022/2065, the EU Digital Services Act ( EU DSA). These liability principles were first set out in Directive 2000/31/ EC, the EU E‑ Commerce Directive. From 17 February 2024, the EU DSA repealed and replaced the E‑ Commerce Directive’s liability exemptions and introduced a notice and action mechanism for hosting providers. Where illegal content is provided by recipients of the services, the exemptions apply to information society service providers ( ISSPs) delivering intermediary services that involve only the technical and automatic handling of content. The exemptions examined in this Practice Note are: mere conduit caching hosting The Practice Note also briefly considers Regulation ( EU) 2021/784 on addressing the dissemination of terrorist content online, Directive ( EU)...
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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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