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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, from 1 June 2024, is no longer maintained. For detailed practical guidance on each component of the EU’s AML/ CTF legal framework and regulatory requirements, see the Financial crime and sanctions ( EU Law)—overview. The European Commission’s 2020 Action Plan for a Comprehensive EU policy on Anti- Money Laundering ( AML) and Counter- Terrorist Financing ( CTF) ( Action Plan), along with its 2021 legislative package, aims to overhaul the European Union’s AML/ CTF legal framework and regulatory requirements. In particular, it will replace the Fourth Money Laundering Directive ( EU) 2015/849 ( MLD4), as amended by the Fifth Money Laundering Directive ( EU) 2018/843 ( MLD5). The package will: create a single EU-level supervisory Anti- Money Laundering Authority ( AMLA) which, among other things, will directly supervise selected...
This one-minute guide outlines the principal provisions of the Fourth Anti- Money Laundering Directive ( EU) 2015/849 ( MLD4), as updated by the Fifth Money Laundering Directive ( EU) 2018/843 ( MLD5). Across Europe and the UK, anti-money laundering ( AML) and counter-terrorist financing ( CTF) frameworks under the amended MLD4 are in flux. You can follow these shifts in AML/ CTF/ CPF—timeline of EU legal and regulatory developments for financial services. For relevant practical direction, see: Financial crime and sanctions ( EU Law)—overview. For UK updates, consult AML/ CTF/ CPF—timeline of UK legal and regulatory developments for financial services and Anti-money laundering and counter-terrorist financing ( AML/ CTF)—overview. Background to MLD4 The Fourth Money Laundering Directive ( EU) 2015/849 ( MLD4) was approved by European Parliament on 20 May 2015, took effect on 25 June 2015, and set the foundation for the European Union’s AML/ CTF...
Background to the original Ambient Air Quality Directives Until 2024, EU controls on ambient air quality were mainly defined in two laws, Directive 2008/50/ EC and Directive 2004/107/ EC (together known as the Ambient Air Quality Directives, or AAQDs). These introduced comparable rules for air quality assessment, air quality management, and the dissemination of air quality information to the public for different pollutant groups. Directive 2008/50/ EC covers: particulate matter ( PM10 and PM2.5) nitrogen dioxide ( NO2) and oxides of nitrogen ( NOx) sulphur dioxide ( SO2) benzene carbon monoxide lead ozone Directive 2004/107/ EC covers: arsenic cadmium nickel mercury benzo(a)pyrene, and other polycyclic aromatic hydrocarbons ( PAH) A fitness check on the AAQDs’ effectiveness was released in November 2019. European Green Deal—recast of the Ambient Air Quality Directives On 26 October 2022, the Commission put forward a proposal to recast the Ambient Air Quality Directives. It sought to resolve the issues identified in the 2018 fitness check by...
CASE HUB ARCHIVED – Appeals before the General Court in the following matters are captured here; this hub reflects the position as at the re-adopted decision of 17 March 2017 and is no longer maintained. T-67/11 ( Martinair) T-63/11 ( Air France) T-62/11 ( Air France- KLM) T-56/11 ( SAS Cargo) T-48/11 ( BA) T-46/11 ( Deutsche Lufthansa) T-43/11 ( Singapore Airlines) T-40/11 ( LAN Airlines) T-39/11 ( Cargolux) T-36/11 ( Japan Airlines) T-28/11 ( Koninklijke) T-9/1 ( Air Canada) Case facts Overview of the European Commission’s Article 101 TFEU case concerning a price-fixing cartel in worldwide air freight markets ( AT.39258). Latest development On 17 March 2017, the European Commission re-adopted its infringement decision against eleven airline groups, issuing total fines exceeding €776m......
This Practice Note offers a synopsis of the organisational, valuation and delegation requirements under the Alternative Investment Fund Managers Directive ( Directive 2011/61/ EU) ( AIFMD), as supplemented by Commission Delegated Regulation ( EU) 231/2013 ( EU AIFMD Level 2 Regulation). It sets out how alternative investment fund managers ( AIFMs) should structure their operations and distils the principal provisions concerning asset valuation and delegation. What is the AIFMD? The AIFMD ( Directive 2011/61/ EU) came into force in EU Member States on 22 July 2013 and governs the management, administration and marketing of alternative investment funds ( AIFs) across the EU. AIFMD, as implemented, applies to all EU AIFMs that manage one or more AIFs, whether those AIFs are EU AIFs or non- EU AIFs. The AIFMD, as implemented in EU Member States, also extends to: non- EU AIFMs who manage EU AIFs; and in part, non- EU AIFMs who...
This Practice Note reviews the remuneration frameworks and practices set out in Article 13 and Annex II of the Alternative Investment Fund Managers Directive ( Directive 2011/61/ EU) ( AIFMD), and elaborated in the European Securities and Markets Authority ( ESMA) Guidelines on sound remuneration policies under the AIFMD. Alternative investment fund managers ( AIFMs) of alternative investment funds ( AIFs) — including hedge funds, private equity funds and other AIFs (such as commodity funds, venture capital funds, real estate funds and investment funds) — may all fall within the scope of the AIFMD remuneration rules. What is the AIFMD? The AIFMD ( Directive 2011/61/ EU) took effect across EU Member States on 22 July 2013 and governs the management, administration and marketing of AIFs throughout the EU. As implemented, it applies to every EU AIFM that manages one or more AIFs, whether those AIFs are...
This Practice Note reviews the role of depositaries under the Alternative Investment Fund Managers Directive ( Directive 2011/61/ EU) ( AIFMD) and their duties for asset safekeeping, cash flow monitoring and oversight of alternative investment funds ( AIFs). It outlines the AIFMD’s depositary obligations, who may act as depositary, their responsibilities, issues around delegation and liability, the depositary agreement, and the reforms to depositary services introduced by Directive ( EU) 2024/927 ( AIFMD II), which must be applied by Member States from 16 April 2026. What is the AIFMD? The AIFMD ( Directive 2011/61/ EU) took effect in EU Member States on 22 July 2013 and governs the management, administration and marketing of AIFs throughout the EU. As implemented, it applies to all EU alternative investment fund managers ( AIFMs) managing one or more AIFs, whether those AIFs are established in the EU or outside the EU. The...
This FLASHCARD helps you take in and recall the key aspects of the Alternative Investment Fund Managers Directive 2011/61/ EU ( AIFMD). What is the AIFMD? The AIFMD ( Directive 2011/61/ EU) took effect across EU Member States on 22 July 2013 and regulates the management, administration and marketing of alternative investment funds ( AIFs)—including hedge funds, private equity funds and real estate investment funds—throughout the EU. Commission Delegated Regulation ( EU) 231/2013 (the AIFMD Level 2 Delegated Regulation) complements the AIFMD with detailed provisions on areas such as exemptions, general operating conditions, depositaries, leverage, transparency, and the oversight of alternative investment fund managers ( AIFMs). Directive ( EU) 2024/927 ( AIFMD II), which amends the AIFMD, was published in the Official Journal of the EU on 26 March 2024 and entered into force on 15 April 2024. Member States must apply its measures from 16 April 2026, save for...
This tracker outlines principal dates and details on legal matters connected to the development of artificial intelligence ( AI) technology in the EU, covering the period from 2014 to 2021. For the latest EU AI developments, see Practice Note: EU Artificial intelligence—tracker [ Archived]. For further material on: initiatives concerning data in AI, see Practice Note: EU data initiatives—tracker questions relating to AI and data protection law, see Practice Note: Artificial intelligence—data protection in the EU the EU AI Act, see Practice Notes: The EU AI Act and The EU AI Act—snapshot UK measures on AI, see Practice Note: UK artificial intelligence—tracker global competition authorities’ approaches to algorithmic and AI-related competition law risks, see Practice Note: Competition law and artificial intelligence—global developments tracker 2021 29 December 2021 — Opinion: The European Central Bank set out its opinion on the EU AI...
General Purpose AI ( GPAI) models fall under dedicated provisions in the EU AI Act to ensure such systems are safe and reliable. This Practice Note outlines: what qualifies as a GPAI model; when a GPAI model is treated as posing systemic risk; the responsibilities placed on GPAI providers; the open-source GPAI exemption; and how the GPAI rules are policed. It addresses the EU AI Act itself, as well as the Commission’s complementary guidelines, code of practice and templates. For broader material on the EU AI Act, see Practice Notes: The EU AI Act—snapshot, The EU AI Act and Checklist: Requirements under the EU AI Act—checklist. For a list of all AI resources, see Practice Note: Artificial intelligence ( AI) resource kit. Legislation and guidance GPAI models are governed by Chapter V of the EU AI Act. Recital 97 explains that GPAI needs a tailored definition to achieve legal...
This Practice Note sets out an overview of the main considerations for employers under Regulation ( EU) 2024/1689, the EU Artificial Intelligence ( AI) Act ( EU AI Act). It highlights essential details on scope, the risk-classification approach, obligations, and how these could be relevant in the employment context. For further material on the EU AI Act, see Practice Notes: The EU AI Act The EU AI Act—snapshot EU AI Act—literacy rules EU AI Act—general purpose AI models Artificial intelligence in the EU—the key legal issues Background and context The EU AI Act creates a comprehensive legal framework governing the development, placing on the market, putting into service, and use of AI systems in the EU. Its aims are to advance the uptake of human-centred and trustworthy AI while safeguarding health, safety and fundamental rights, guarding against harmful effects of AI...
The EU Artificial Intelligence Act, Regulation ( EU) 2024/1689, establishes a harmonised, EU‑wide legal regime for the regulation of AI technology across the EU. Under Article 5 of the EU AI Act, AI uses considered to present unacceptable risks to EU values and fundamental rights are prohibited. This Practice Note analyses each prohibited practice under Article 5, sets out associated enforcement and liability ramifications, and offers guidance on relevant contractual points. For more information on the EU AI Act in general, see: Practice Notes: The EU AI Act—snapshot The EU AI Act and Checklist: Requirements under the EU AI Act—checklist. For a list of all AI resources, see: Practice Note: Artificial intelligence ( AI) resource kit. Background Regulation ( EU) 2024/1689—the EU Artificial Intelligence Act ( EU AI Act)—creates a consistent, EU-wide legal framework for the regulation of AI technology. It follows a...
STOP PRESS : This Practice Note sets out the position under current law; be aware that aspects will be affected by the Digital Omnibus proposals issued on 19 November 2025 as part of the Commission’s ‘simplification’ drive. For details, consult Practice Note: EU Digital Omnibus—tracker. Erica and Monica are the owners of Knowledge Bridge AI, an AI literacy training and consultancy business. This Practice Note outlines the AI literacy obligations within Regulation ( EU) 2024/1689, the EU Artificial Intelligence Act ( EU AI Act). It addresses: What is AI literacy? Background—how the AI literacy provisions developed under the EU AI Act AI literacy under the EU AI Act Regulatory guidance on AI literacy The principal legal considerations Consequences of failing to achieve AI literacy Practical methods to attain AI literacy For further reading on AI, see the...
Key information EU Accounting Directive Official title Directive 2013/34/ EU of the European Parliament and the Council, dated 26 June 2013, concerning the preparation of annual financial statements, consolidated financial statements and associated reports for specified types of undertakings; it amends Directive 2006/43/ EC and repeals Directives 78/660/ EEC and 83/349/ EEC (commonly known as the EU Accounting Directive) Entry into force 19 July 2013 Transposition deadline 20 July 2015 National transposition measures See the Eur- Lex information on national transposition measures, as formally provided by the Member States Amendments include Directive 2014/95/ EU ( EU Non- Financial Reporting Directive, NFRD) ( Effective from 5 December 2014, with a transposition deadline of 6 December 2016. Applicable to financial years beginning on or after 1 January 2017) Council Directive 2014/102/ EU on annual and consolidated financial statements and associated reports for certain...
ARCHIVED – This archived practice note sets out information on the EU Damages Directive and captures the position as at its commencement on 27 December 2014. It is not maintained or updated. After nearly a decade of debate, the European Parliament and the Council of Ministers endorsed a new EU directive on private damages actions for breaches of competition law (the Directive). The Directive received formal adoption on 26 November 2014, following sign-off by the Parliament and Council, and appeared in the Official Journal on 5 December 2014; it took effect on 27 December 2014, with Member States afforded two years from that date to transpose its measures into domestic law. The Directive is intended to guarantee that anyone suffering loss caused by an infringement of competition law can effectively pursue full compensation. Its overarching purpose is to tackle obstacles to the effective enforcement of...
Which ethical standards govern English and Welsh practitioners (using English and England for brevity) engaged in international arbitration will vary with the features of the arbitration, and the context in which they are retained to act within such arbitration. The most important factors for practitioners to consider are the following: the ethical requirements of their professional regulator the ethical duties for lawyers and any pertinent laws of the seat’s jurisdiction, or of the place where they undertake tasks (for example, taking witness statements) connected to an arbitration seated elsewhere in relation to that work any rules or guidance the parties have agreed will apply between them any provisions set by a relevant arbitral institution or organisation measures adopted by tribunals exercising express or implied powers to control and manage the conduct of proceedings This field remains comparatively unsettled, the governing standards are not invariably...
The statutory regulation of immigration advice and services Immigration advice in the UK is regulated by the Immigration and Asylum Act 1999 ( IAA 1999), which stipulates that—save for narrow exceptions—anyone offering immigration advice or services to individuals must be a ‘qualified person’. Section 84(2)(c) of the IAA 1999 originally treated as qualified those authorised to practise in the UK by an equivalent designated professional body in another EEA state; however, from 31 December 2020, that provision was removed by virtue of the Immigration, Nationality and Asylum ( EU Exit) Regulations 2019, SI 2019/745. A Ministerial exemption from registering with the Immigration Advice Authority ( IAA) continues to cover licensed sponsors where they supply immigration advice or services at no cost to employees, prospective employees and students. Comparable Ministerial exemptions extend to specified educational institutions and health sector bodies. See Practice Note: Giving...
NOTE—appeal lodged before the General Court in Case T-93/24 ARCHIVED — this case hub reflects the position as at the decision of 7 December 2023; it is no longer maintained. See the timeline and related cases for further details. Case facts Outline European Commission Article 101 TFEU investigation into a cartel influencing the wholesale price formation mechanism in the European ethanol market ( Case AT.40054). Latest development On 7 December 2023, the Commission adopted an infringement decision and imposed a fine on Lantmännen of approximately €47.7m. Lantmännen opted not to settle with the Commission. Parties Abengoa S. A. and its subsidiary Abengoa Bionenergía S. A (together, Abengoa): Abengoa, headquartered in Spain, is a multinational operating in green infrastructure, energy and water. It was previously among the EU’s largest ethanol producers. Lantmännen ek för and its subsidiary Lantmännen Agroetanol AB (together, Lantmännen): Lantmännen is a Swedish...
Development of the doctrine of estoppel Estoppel is the commonly used label for the equitable doctrine which holds that where one individual ( A) causes another ( B), whether through words or conduct and whether explicitly or by implication, to accept a particular state of affairs as true, A ought not later to resile from the representations or acts that induced B to that belief, where it would be unjust or unconscionable for A to do so. Put shortly, where A has by statement or deed led B to that belief, A should not later contradict it if doing so would be unconscionable. Over time, the doctrine has expanded beyond its initial confines, and today the courts (both in England and Wales and elsewhere) recognise and apply a range of distinct forms of estoppel to meet the needs of particular cases......
The doctrine of estoppel Lord Denning MR once hailed the doctrine of estoppel as among the law’s most adaptable and valuable tools. Estoppel is an umbrella concept describing circumstances in which a court prevents a party from putting forward assertions that conflict with a stance that party has earlier adopted. In effect, it stops a litigant advancing a case inconsistent with the position it has previously asserted. Ordinarily it operates only where there has been reliance on a representation previously made by the other party to the dispute. Its availability is therefore linked to the reliance shown on that earlier statement. There remains active academic discussion about whether estoppel is properly a rule of evidence or a rule of law, and about whether it can ground a positive claim or is confined to use as a defence. Although estoppel...
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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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