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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 is archived, and is no longer maintained. What is the Capital Markets Union? The Capital Markets Union ( CMU) is a flagship political initiative of the European Commission, unveiled on 30 September 2015 with the publication of the Action Plan for Capital Markets Union. The CMU agenda was subsequently realigned and broadened in the Commission’s Communication on the Mid- Term Review of the Capital Markets Union Action Plan, issued on 8 June 2017, and elements of the programme are periodically refined and advanced as CMU work progresses and EU and industry bodies react to evolving economic and political conditions. On 24 September 2020, the European Commission released a new CMU action plan. For information, see September 2020 CMU action plan. For information on CMU developments, see Practice Note: The Capital Markets Union—recent news [...
ARCHIVED: This document has been archived and is no longer maintained. 21 October 2021 – AFME highlights surge in European capital markets activity— LNB News 21/10/2021 27 12 October 2021 – EBF publishes paper reviewing EU securitisation framework— LNB News 13/10/2021 71 28 September 2021 – ESMA work programme sets 2022 priorities— LNB News 28/09/2021 48 22 September 2021 – ICMA AMIC answers Commission consultation on EU Securitisation Regulation— LNB News 22/09/2021 72 7 September 2021 – EBA and ECB urge full, timely and faithful EU Basel III implementation— LNB News 07/09/2021 61 2 August 2021 – European Commission seeks ESMA and EIOPA advice on retail investor protection— LNB News 02/08/2021 67 15 July 2021 – Commission staff working document: ‘ Monitoring progress towards a capital markets union: a toolkit of...
ARCHIVED: This Practice Note has been archived and is not maintained. This Note examines the concepts of tort, quasi delict and delict in Article 5(3) of Regulation ( EC) 44/2001, Brussels I. It explains how Article 5(3) should be construed, with a central emphasis on identifying the place where the harmful event leading to the damage occurred. It also outlines where that event is situated for particular categories of claim, including: economic loss damaged and defective goods intellectual property claims actions for inducing reach of contract personal injury claims In addition, the Note addresses claims involving co-defendants and considers applications seeking a declaration that a party has no liability in tort or delict. Note: from 10 January 2015, Regulation ( EC) 44/2001, Brussels I was repealed in full and replaced by Regulation ( EU) 1215/2012, Brussels I (recast)....
ARCHIVED This Practice Note is archived and no longer maintained. It examines, in detail, the rules governing contract claims under Council Regulation ( EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( Brussels I). It reviews the necessary connecting factors, the nature of contractual obligations, and identifies the place of performance and the place of delivery. It further differentiates between contracts for the sale of goods and those for the supply of services. For further guidance on tort and maintenance claims within Brussels I, see Practice Note: Brussels I—non contract claims (art 5) [ Archived]. Note: as of 10 January 2015, Regulation ( EC) 44/2001, Brussels I was repealed in full and superseded by Regulation ( EU) 1215/2012, Brussels I (recast). However, transitional arrangements exist and apply. For details of those...
ARCHIVED: This Practice Note is archived and no longer updated or maintained. It sets out and outlines the meaning and scope of ‘related proceedings’ under article 28 of Regulation ( EC) 44/2001, commonly known as Brussels I. It also examines the factors a court may weigh and assess when deciding whether to stay an action in its discretion. Note: from 10 January 2015, Regulation ( EC) 44/2001, Brussels I was repealed in full and in its entirety and superseded by Brussels I (recast). Nonetheless, transitional measures mean Brussels I still governs in certain specified situations and circumstances. For further details of those transitional arrangements, see Practice Note: Guide to Brussels I (recast) [ Archived]— Transitional arrangements. What is the relevant provision in Brussels I? Brussels I refers to Regulation ( EC) No. 44/2001 of the European Parliament and Council concerning...
ARCHIVED : This Practice Note has been archived and is not maintained This Practice Note reviews Article 22 of Regulation ( EC) 44/2001 ( Brussels I), which assigns exclusive jurisdiction to a court irrespective of the defendant’s domicile or any conflicting agreement between the parties. The provisions may engage where claims relate to: immovable property companies’ constitution and the validity of acts entries in public registers intellectual property rights all proceedings for enforcing judgments Note : since 10 January 2015 Regulation ( EC) 44/2001, Brussels I has been repealed in full and superseded by Brussels I (recast). Transitional arrangements are in place. For details of those arrangements, and whether Brussels I still governs the issue you are handling, see Practice Note: E& W Brussels I (recast)—application and...
EU Council Directive 2009/147/ EC on the conservation of wild birds ( OJ L 20, 26.1.2010) Often termed the EU Birds Directive, this measure is one of two EU directives concerned with wildlife and nature conservation; the companion instrument is EU Council Directive 92/43/ EEC ( OJ L 206, 22.7.1992) on the conservation of natural habitats and of wild fauna and flora, widely known as the EU Habitats Directive. Together, the pair establish Natura 2000, a network of breeding and resting sites, and introduce additional safeguards for rare and threatened species and habitats. The EU Birds Directive was introduced to help the EU meet its commitments for bird species under the Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention) and the Convention on the Conservation of Migratory Species of Wild Animals (the Bonn Convention). It provides an...
What is bioenergy? Bioenergy refers to turning biomass into practical energy carriers such as heat, power, and transport fuels. It operates effectively at small, medium, and large scales, making it suitable for numerous resource types and a range of processing and utilisation approaches and deployment options......
This Practice Note sets out the delegated acts, implementing decisions and guidance issued under the Benchmarks Regulation ( EU) 2016/1011 (the EU Benchmarks Regulation). For background on the EU Benchmarks Regulation, consult these Practice Notes: EU Benchmarks Regulation—essentials EU Benchmarks Regulation—one minute guide EU Benchmarks Regulation—timeline EU Benchmarks Regulation— Level 2 measures RTS/ ITS Commission Implementing Regulation ( EU) 2016/1368 sets the list of critical benchmarks in accordance with Article 20(1) of the Benchmarks Regulation. It was later amended by: Commission Implementing Regulation ( EU) 2017/1147 Commission Implementing Regulation ( EU) 2017/2446 Commission Implementing Regulation ( EU) 2018/1106 Commission Implementing Regulation ( EU) 2019/482 Commission Delegated Regulation ( EU) 2018/66 defines how to assess the nominal amount of financial instruments other than derivatives, the notional amount of derivatives, and the net asset value of investment funds for the purposes of Article 20(1) of the Benchmarks...
EU Benchmarks Regulation—background and purpose Benchmarks underpin pricing for a wide array of financial instruments and for both commercial and non-commercial agreements. After revelations of manipulation affecting certain benchmarks, including the London Interbank Offered Rate ( LIBOR), confidence in benchmark integrity was severely shaken. Regulators launched investigations and took enforcement action across multiple benchmarks. Against this backdrop, on 18 September 2013 the Commission tabled a draft Regulation on indices employed as benchmarks in financial instruments and financial contracts. Regulation ( EU) 2016/1011 (the EU Benchmarks Regulation) appeared in the Official Journal of the EU on 29 June 2016 and took effect on 30 June 2016. Its objectives are to safeguard investors and restore trust in indices used as benchmarks in financial instruments and financial contracts, and in the assessment of investment fund performance and the methodology for setting benchmarks. The Regulation also targets greater...
Background The financial and economic turmoil that started in 2007 exposed the growing danger of financial fragmentation within the EU’s internal market for banking services. In response, the EU created the European Banking Union, founded on a single rulebook governing financial services across the internal market as a whole, creating uniform rules across the Union consistently. This framework deepens the integration of EU banking systems, seeking to safeguard the stability and integrity of the EU internal market. Within the European Banking Union, a Single Supervisory Mechanism ( SSM) was set up by Council Regulation ( EU) 1024/2013 (the EU SSM Regulation), aligning the supervision of credit institutions across the internal market on a consistent basis. All banks overseen by the SSM also participate in the Single Resolution Mechanism ( SRM) (established by Council Regulation ( EU) 806/2014, the EU SRM...
ARCHIVED: This archived Practice Note outlines the key recommendations of the European Commission’s High‑ Level Expert Group in its report on restructuring banking businesses (the Liikanen Report), delivered to the Commission on 2 October 2012. In July 2018, the Commission withdrew the draft regulation derived from the Liikanen Report, as its objectives had, in the meantime, been met to a large extent by other initiatives, including the Financial Services ( Banking Reform) Act 2013. For further details, see Practice Note: UK structural banking reform—ring‑fencing. This Practice Note is provided for background only and is not updated. The European Commission’s High‑ Level Expert Group ( HLEG) was created in February 2012 to examine potential structural changes to the EU banking sector. Erkki Liikanen, then Governor of the Bank of Finland, served as chairman. Its remit was to assess whether financial stability, efficiency and consumer...
ARCHIVED: This Practice Note has been archived and is not maintained. A package of legislation designed to reduce risks in the EU banking sector, the ‘banking package’, was published in the Official Journal of the EU on 7 June 2019. It sets out updated rules on capital requirements and resolution through: Directive ( EU) 2019/878 ( CRD V), amending the fourth Capital Requirements Directive 2013/36/ EU ( CRD IV); Regulation ( EU) 2019/876 ( EU CRR II), amending the Capital Requirements Regulation ( EU) 575/2013 ( EU CRR); Directive ( EU) 2019/879 ( EU BRRD II), amending the Bank Recovery and Resolution Directive 2014/59/ EU ( BRRD); Regulation ( EU) 2019/877 ( EU SRMR II), amending the Single Resolution Mechanism Regulation ( EU) 806/2014 ( EU SRMR). This Practice Note reviews each of these instruments in turn, outlines the...
ARCHIVED This Practice Note is archived and not maintained. This flashcard supports absorption and recall of the key points on implementing the EU’s 2021 proposals to revise the Capital Requirements Regulation ( EU) 575/2013 ( EU CRR) and Directive 2013/36/ EU ( EU CRD IV), referred to as EU CRR III and CRD VI, alongside the separate ‘daisy chain’ proposal. The measures are intended to complete the EU’s implementation of the internationally agreed Basel III standards, enhancing banks’ resilience to potential economic shocks. What were the proposals? The European Commission’s ‘banking package 2021’, adopted on 27 October 2021, comprised: a proposed directive amending EU CRD IV on supervisory powers, sanctions, third‑country branches, and environmental, social and governance risks, and amending the Bank Recovery and Resolution Directive 2014/59/ EU ( EU BRRD) ( EU CRD VI) a proposed regulation updating the EU CRR on...
This Practice Note offers a general overview of the Bank Recovery and Resolution Directive 2014/59/ EU ( EU BRRD), which established a minimum, harmonised framework for handling failing financial institutions across the EU. The EU BRRD sets out a uniform, staged approach to supporting credit institutions that are failing or likely to fail, through the use of preventative tools and early intervention measures developed to avert failure and avoid an automatic resort to public funding. Background to the EU BRRD As a result of the financial crisis, a number of shortcomings were identified in the way public authorities responded to failing banks. Although substantial injections of public money prevented a major bank failure within the EU, they created considerable strains on public finances and taxpayer-funded bail-outs. The EU BRRD entered into force on 2 July 2014, arising from the need to ensure that, in future,...
This Practice Note offers guidance on the consolidated EU Audiovisual Media Services ( AVMS) Directive ( Directive 2010/13/ EU). The EU AVMS Directive sets out rules that govern content and advertising for AVMS. The Original EU AVMS Directive applied to traditional television (linear services) and on‑demand programmes (non‑linear services). This Practice Note also addresses the later amendments introduced by the Revised EU AVMS Directive ( Directive ( EU) 2018/1808). Throughout, ‘ EU AVMS Directive’ is used to describe the overall EU AVMS regulatory framework first set in Directive 2010/13/ EU and then updated by Directive ( EU) 2018/1808. Where the text refers only to Directive 2010/13/ EU, it uses ‘ Original EU AVMS Directive’; where it refers solely to Directive ( EU) 2018/1808, it uses ‘ Revised EU AVMS...
This tracker outlines key dates and details on the evolution of automated (autonomous) and driverless vehicles in the EU, spanning consultations, legislative shifts, guidance and announcements. For fuller coverage of core EU legal issues linked to the development and deployment of automated vehicles, see Practice Notes: Automated vehicles—key legal issues in the EU and Automated vehicles—data, privacy and cybersecurity issues in the EU. To monitor progress on EU rules governing access to vehicle data, see Practice Note: EU data initiatives—tracker. To keep pace with UK activity, see: UK automated vehicles—tracker. 2025 12 September 2025 — Guidelines: The Commission issued guidance on how players in the automotive ecosystem should apply Chapter II of the EU Data Act to vehicle data sharing. It gives concrete implementation advice for original equipment manufacturers, suppliers, aftermarket service providers and insurers, and clarifies data access requirements and duties under the Act,...
On 26 March 2021, the Commission issued a guidance paper outlining a revised stance on deploying Article 22 EUMR ( Article 22 Guidance). In essence, this Guidance urged national competition authorities to ask the Commission to review transactions that fall below domestic merger control thresholds and would, as a result, avoid scrutiny within the European Union. For more details, consult: EU and Member State merger referrals referenced in guidance herein......
For more, see the timeline. ARCHIVED – this archived case hub sets out the position as at the date the commitments were accepted on 17 January 2024; it is no longer maintained. Case facts Outline European Commission Article 102 TFEU investigation into Renfe’s refusal to provide complete content and real‑time data to competing ticketing platforms active in the Spanish online passenger rail ticket distribution market. Latest development On 17 January 2024, the Commission accepted commitments from Aspen (see details below), and accordingly closed its investigation. Parties Renfe: Renfe is Spain’s state‑owned incumbent rail operator. Renfe sells tickets offline and online either (i) directly via its websites and apps (i.e. Renfe and Cercanías) and mobility platform (i.e. dōcō); or (ii) indirectly through third‑party ticketing platforms. Renfe competes with third‑party ticketing platforms, which are businesses offering online ticketing services to customers through apps or websites (i.e. online travel...
CASE HUB ( Note—appeal lodged by Google at the General Court in Case T-612/17) ARCHIVED – this case hub records the position as at the decision of 27 June 2017; it is no longer maintained. For further details, see the timeline, commentary and related cases. Case facts Outline European Commission investigation under Article 102 TFEU into Google’s conduct concerning online shopping search (case number AT.39740). Latest developments On 27 June 2017, the Commission issued an infringement decision concluding that Google abused its dominant position in online search by conferring an unlawful advantage on its own comparison shopping service (now known as ‘ Google Shopping’). The Commission determined that Google’s practices hindered rival comparison shopping services, including some operating when Google entered the market, from competing effectively and from innovating. The Commission imposed a fine of €2,424,495,000 on Google (the second largest antitrust fine imposed by the Commission on an...
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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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