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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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CASE HUB (appeal lodged at General Court by Riberebro in Case T- 313/16) ARCHIVED –this archived case hub reflects the position at the date of the final decision of 6 April 2016; it is no longer maintained. See further, timeline. Case facts Outline: European Commission inquiry under Article 101 TFEU into a cartel operating within the canned mushrooms sector ( AT.39965). The collusion featured exchanges of information, price‑fixing, predetermined volume objectives, and sharing out of customers. Latest developments On 6 April 2016, the Commission adopted an infringement decision against Riberebro and levied a penalty of €5.194m. The amount reflected a 50% discount for leniency. This followed the Commission’s earlier infringement decision, issued on 25 June 2014 after a settlement, with fines of €32.2m on Lutèce, Prochamp and Bonduelle......
This page brings together EU resources that cover matters of commercial law. For general guidance on EU law, consult: EU structure ( EU Law)—overview EU legislative process ( EU Law)—overview EU judicial system ( EU Law)—overview EU rights and policies ( EU Law)—overview EU public procurement ( EU Law)—overview Agency, distribution and franchising Agency, distribution and franchising ( EU Law)—overview The European Franchise Federation ( EFF) The EU Commercial Agents Directive The EU unfair business-to-business trading practices in the agricultural and food supply chain Directive Key EU competition law issues in distribution/reseller agreements Article 101(1) TFEU—the prohibition on restrictive agreements Article 102 TFEU—the prohibition on abuse of dominance Introduction to the application of Article 101 TFEU to vertical agreements The Vertical Block Exemption Regulation 2022/720 Analysing vertical...
This Practice Note reviews Council Directive 86/653/ EEC ( OJ L 382/17), the EU Commercial Agents Directive. It outlines the meaning of commercial agent, the Directive’s scope and operation, and its effects on agency contracts. It also covers the relationship between a commercial agent and a principal under the Directive, the agent’s remuneration, and the termination of a commercial agency arrangement. For EU cases on the Directive, see Practice Note: EU Commercial Agents Directive cases—tracker. Background Historically, EU Member States applied differing rules to the rights and obligations of commercial agents and their principals, creating legal uncertainty and making it difficult in practice for market operators to rely on commercial representation across different Member States. Adopted in 1986, the Directive aimed to establish a single market for commercial representation and remove barriers to the cross-border activities of commercial agents and their...
EU Commercial Agents Directive cases tracker This tracker monitors key Court of Justice decisions connected to Council Directive 86/653/ EEC ( OJ L 382/17), the EU Commercial Agents Directive. For added detail on the Directive, see Practice Note: The EU Commercial Agents Directive. Scope of the ‘commission lost’ by the commercial agent for the calculation of the indemnity payment Case: QT v O2 Czech Republic AS, Case C-574/21 Date: 23 March 2023 This decision addresses how to compute the indemnity owed to commercial agents when an agency agreement ends. Under Article 17(2) of Directive 86/653/ EEC, Member States must provide that, in specified situations, agents are entitled to an indemnity on termination or expiry of the agency arrangement. The judgment clarifies which commissions are to be counted in that calculation. The Court of Justice confirmed that the indemnity should reflect...
Competition concerns arising from collective dominance and oligopolies can be addressed under EU competition law, namely: Article 101 TFEU Article 102 TFEU the EU Merger Regulation ( EUMR) This Practice Note examines collective dominance and oligopoly matters outside Article 101 TFEU. The idea of collective dominance has developed through case law under Article 102 TFEU and the EUMR. While the case law indicates the concept is alike under both, there are key differences in the assessment undertaken in each setting. Collective dominance and Article 102 TFEU Article 102 TFEU prohibits abuses by one or more undertakings of a dominant position (see further, The prohibition on abuse of dominance). EU case law confirms Article 102 TFEU also covers abuses where a dominant position is held collectively by several undertakings that may not, individually, be dominant. To establish an abuse of collective dominance contrary to Article 102 TFEU, it...
Background and key developments Regulation ( EC) No 1272/2008—the EU Classification, Labelling and Packaging ( CLP) Regulation—puts into practice the United Nations’ Globally Harmonised System for classifying and labelling chemicals ( UN GHS) within the EU. determine which characteristics of substances and mixtures require them to be classified as hazardous, and ensure customers receive appropriate communication of that classification The EU CLP Regulation has applied since 20 January 2009 (with phased transition periods running to 2015) and is directly binding on suppliers that manufacture, import, use or distribute chemical substances and mixtures. This Practice Note addresses the classification regime under the EU CLP Regulation. For further guidance on other elements of the EU CLP framework, see Practice Notes: EU classification, labelling and packaging of substances and mixtures ( CLP): Regulation ( EC)...
Key information EU CLP Regulation: Regulation ( EC) 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures ( EU CLP Regulation) Entry into force: 20 January 2009 Applicability: Substances placed on the market since 1 December 2010; mixtures placed on the market since 1 June 2015 Transposition deadline: Not applicable, as Regulations have direct effect and do not require incorporation into national law Repeals: From 1 June 2015, the EU CLP Regulation entirely replaced the previous system under the Dangerous Substances Directive 67/548/ EEC ( DSD) and the Dangerous Preparations Directive 1999/45/ EC ( DPD), both now ceased. For further detail, see Practice Note: Classification, packaging and labelling of dangerous substances prior to implementation of the CLP Regulation ( EC) No...
Background and key developments Regulation ( EC) No 1272/2008, known as the EU Classification, Labelling and Packaging ( CLP) Regulation, gives effect to the United Nations’ Globally Harmonised System for classifying and labelling chemicals ( UN GHS) within the EU. Its principal purposes are to: determine which characteristics of substances and mixtures warrant a hazardous classification, and ensure this identification is communicated appropriately to customers The EU CLP Regulation has applied since 20 January 2009 (with staged transition periods up to 2015) and is directly applicable to suppliers that manufacture, import, use or distribute chemical substances and mixtures. This Practice Note addresses the packaging requirements under the EU CLP Regulation. For details on other elements of the EU CLP framework, see Practice Notes: EU classification, labelling and packaging of substances and mixtures ( CLP): Regulation ( EC)...
Background and key developments Regulation ( EC) 1272/2008—the EU Classification, Labelling and Packaging ( CLP) Regulation—gives effect in the EU to the United Nations’ Globally Harmonised System on the classification and labelling of chemicals ( UN GHS), aligning EU requirements with that framework. identify which properties and characteristics of substances and mixtures should result in a classification as hazardous, and ensure that adequate communication of that identification is provided to the customers The EU CLP Regulation entered into force on 20 January 2009 (subject to various transition periods up to 2015) and it is directly applicable to suppliers who manufacture, import, use or distribute chemical substances and mixtures. This Practice Note covers the rules governing notification under the EU CLP Regulation. For more information on other aspects of the EU CLP regime, please see the following Practice Notes: EU classification, labelling and packaging of substances and mixtures ( CLP):...
Background and key developments Regulation ( EC) 1272/2008—the EU Classification, Labelling and Packaging ( CLP) Regulation—gives effect to the United Nations’ Globally Harmonised System for classifying and labelling chemicals ( UN GHS) across the EU. The principal aims of the EU CLP Regulation are to: determine which characteristics of substances and mixtures warrant a hazardous classification; and ensure that this identification is communicated appropriately to customers. The EU CLP Regulation took effect on 20 January 2009 (with various transition periods extending to 2015) and applies directly to suppliers that manufacture, import, use or distribute chemical substances and mixtures. This Practice Note addresses the labelling requirements under the EU CLP Regulation. For details on other parts of the EU CLP framework, see the following Practice Notes: EU classification, labelling and packaging of substances and mixtures ( CLP): Regulation ( EC)...
This Practice Note looks at Regulation ( EU) 536/2014, the EU Clinical Trials Regulation ( CTR), which governs clinical trials in the EU. It outlines the principal features of the CTR that trial sponsors and pharmaceutical businesses need to understand in practice and keep in view for compliance, and to keep abreast of. Taking effect on 31 January 2022, the CTR applies directly across every EU Member State and the EEA, marking the most significant overhaul of the EU’s clinical trial legal framework since 2001, and is now in force without exception. Its reach is truly global: any interventional study conducted even in part within an EU Member State or the EEA must follow this regime throughout the entire trial life cycle, at all times, from start to finish. Because the UK had exited the EU before it became operative, the CTR does not extend to...
Key information EU Climate Regulation Official title Regulation ( EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 laying down the framework for attaining climate neutrality (the EU Climate Regulation) Date of entry into force 29 July 2021 Transposition deadline N/ A— Regulations apply directly to Member States and do not require transposition Amending — Regulation ( EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action (the Governance Regulation) — Regulation ( EC) 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (the Agency and Network Regulation) Amendments — Regulation ( EU) 2026/667 of the European Parliament and of the Council of 11 March...
Context—what’s next for the European Green Deal? In December 2019, the Commission unveiled its ‘ European Green Deal’, framed as a roadmap to make the EU’s economy sustainable by turning climate and environmental challenges into opportunities across every policy field, and ensuring the transition is fair and inclusive for all. The Green Deal set out an ambitious suite of ‘deeply transformative’ legislative and policy actions in the following areas: climate action — notably, it underpinned legally binding targets to cut carbon emissions by 55% by 2030 and reach net zero by 2050 (see Practice Note: EU Climate Regulation—snapshot) biodiversity restoration water, air and soil pollution energy industry built environment transport agriculture For details on progress towards the Deal’s objectives, see Practice Note: The European Green Deal—tracker. From 2019 to 2024 there was substantial movement on new laws and policies under the European Green Deal banner, yet as the 2024 European election...
Context Under the European Green Deal, the EU has committed to progressively lowering greenhouse gas emissions up to and beyond 2030, aiming ultimately for net zero by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) sets a legally binding requirement for the EU to cut carbon emissions by 55% from 1990 levels by 2030 and to achieve full carbon neutrality by 2050. The European Commission estimates that energy production and consumption account for over 75% of the EU’s greenhouse gas emissions. Rapid decarbonisation of the energy system is therefore vital to meet the 2030 and 2050 goals. To deliver this, the EU is designing and putting in place a legal and policy framework for a climate‑neutral, ‘clean’ energy system, centred on renewable energy and renewable hydrogen, together with improved energy efficiency. The shift to a low‑carbon energy system has long...
This Practice Note explores collective trade marks and certification trade marks in the EU. It outlines their purpose, how they differ from conventional trade marks, and the extent of their protection. It also clarifies who may own and use each type of mark, together with the requirements for registration. For guidance on the UK position, see Practice Note: Collective marks and certification marks in the UK. What are collective trade marks and certification trade marks? Like traditional trade marks, certification and collective marks serve to inform consumers’ purchasing decisions. A certification mark signals that goods bought, or services supplied, under the sign comply with a defined standard. A collective mark, by contrast, indicates that the goods or services come from an undertaking belonging to a specified association. In a consumer’s mind, the link between that undertaking and the association may communicate particular...
Key information Carbon Capture and Storage Directive Official title: Directive 2009/31/ EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide ( Carbon Capture and Storage ( CCS) Directive) In force since: 25 June 2009 Transposition deadline: 25 June 2011 Amendments: Directive 2011/92/ EU of the European Parliament and of the Council of 13 December 2011 on assessing the effects of certain public and private projects on the environment Decision ( EU) 2018/853 of the European Parliament and of the Council of 30 May 2018 amending, among others, Directive 2009/31/ EC regarding procedural rules for environmental reporting Regulation ( EU) 2018/1999 of the European Parliament and of the Council of 11...
CASE HUB (date of judgment—18/12/2014) For further information: timeline, commentary and related/relevant cases. ARCHIVED — this archived entry captures the position as at the decision date of 18 December 2014 and is no longer maintained. Case facts Outline An appeal was lodged by the Commission against the General Court’s judgment, which had in part annulled the Commission decision of 28 January 2009 and lowered the fine imposed on Parker ITR for its involvement in a worldwide cartel concerning the supply of marine hose between 1986 and 2007 (‘ Marine hoses cartel’). On 18 December 2014, the Court of Justice upheld the Commission’s appeal, set aside the General Court’s judgment (paragraphs 1, 2 and 3 of the operative part of the judgment) and sent the case back to the General Court......
The European Commission’s ( Commission) leniency programme This scheme incentivises undertakings involved in cartels (contrary to Article 101 TFEU) to provide evidence and information that enables the Commission to open an investigation. Leniency is available only to undertakings that have participated in a cartel; it does not apply to other breaches of EU competition law. Two core principles underpin the Commission’s leniency programme: The sooner an applicant contacts the Commission, the greater the reward, potentially amounting to immunity from the fine or a reduction in the fine; The extent of any reward depends on the added value of the information supplied over and above what the Commission already possesses. ......
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 27 June 2012; it is no longer maintained. Case facts Outline European Commission Article 101 TFEU investigation into water management products (case number COMP/39.611). Latest developments On 27 June 2012, the Commission delivered its infringement decision. Following settlement, fines totalling €13m were levied......
CASE HUB (appeals lodged at General Court in Case T- 361/17 ( Eco- Bat), Case T- 240/17 ( Campine) and Case T- 222/17 ( Recylex)) ARCHIVED –this archived case hub reflects the position at the date of the decision of 8 February 2017; it is no longer maintained. See further, timeline and commentary. Case facts Outline: European Commission Article 101 TFEU probe into a price-fixing cartel in the car battery recycling sector ( AT.40018). Latest development On 8 February 2017, the Commission adopted its infringement decision. Financial penalties on the four undertakings were as follows: Johnson Controls – €0 after immunity was granted (avoiding a €38,481,300 fine) Eco- Bat Technologies – €32,712,000, reflecting a 50% reduction under the Leniency Notice for co-operating with the Commission’s investigation Recylex – €26,739,000, reflecting a 30% reduction under the Leniency Notice for co-operating with the...
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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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