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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 outlines revisions to the Civil Procedure Rules ( CPR) introduced by the Civil Procedure ( Amendment) Rules 2013, SI 2013/262, concerning environmental judicial review under the Convention on Access to Information, Public Participation in Decision- Making and Access to Justice in Environmental Matters (the Aarhus Convention). These amendments, commonly referred to as the Jackson Reforms, took effect on 1 April 2013. It sets out the updated approach to costs, the accompanying practice directions, and the new Pre- Action Protocol for Judicial Review ( JR). New rules on costs and new practice directions The Civil Procedure ( Amendment) Rules 2013, SI 2013/262, commenced on 1 April 2013. They introduced wide-ranging procedural changes, including new provisions for protective costs orders ( PCOs) in Aarhus-related environmental judicial review claims, see News Analysis: The Aarhus Convention after Jackson. Further measures address interim...
Landlords must ensure the land and buildings are handed back in an acceptable condition at the conclusion of the tenancy period...
Why is environmental insurance relevant? Environmental insurance exists to protect the insured against pollution and environmental harm. Although a standard Public Liability ( PL) policy offers limited protection, it typically applies only to ‘sudden and accidental’ incidents. The challenge is that: pollution can occur continuously, often gradually and even intentionally (for example, discharging pollution into a drain); and as decided in the Bartoline case, PL wordings confined to ‘damages’ do not include liabilities for remediation costs required by statutory remediation notices. Therefore, major pollution exposures are not covered by usual insurance arrangements, but can be addressed through specialist environmental policies. For guidance on when environmental insurance is appropriate and its pros and cons, see the Practice Notes: Environmental insurance—when is it needed? and Environmental insurance—advantages and disadvantages. Types of environmental insurance The three core categories of environmental cover focus on: property ...
When is environmental insurance appropriate? Environmental insurance may warrant consideration in the following situations: an environmental assessment identifies significant and serious concerns regarding contamination environmental indemnity negotiations have reached a stalemate there are ongoing concerns about the covenant strength of the indemnifying party insurance is required by funders, tenants, or to improve the saleability of a high‑risk site See Practice Note: Environmental insurance—when is it needed? What type of policy? The usual form of cover in share purchase transactions is a ten‑year fixed‑site policy, often referred to as an Environmental Impairment Liability ( EIL) policy or a Premises Pollution Liability ( PPL) policy. It can provide protection for the insured parties against regulatory action or third party......
When is environmental insurance appropriate? Consider environmental insurance in the following scenarios: an environmental assessment flags major issues with contaminated land or polluted water talks over environmental indemnities in the sale contract reach a stalemate there are doubts about the covenant strength of the party giving the indemnity, and/or funders or tenants require cover, or it is needed to support the site’s saleability See Practice Note: Environmental insurance—when is it needed? What type of policy? Public liability ( PL) policies provide little or no protection for liabilities linked to land contamination or water pollution. PL cover is confined to ‘sudden and accidental’ incidents and does not extend to: on-site contamination authorised discharges gradual pollution eg arising from......
When is environmental insurance appropriate? Environmental insurance may need to be weighed up carefully in the following scenarios: an environmental report flags significant concerns about contamination environmental indemnity negotiations have reached an apparent impasse there are ongoing concerns over the covenant strength of the indemnifying party insurance is required by funders, tenants or to support the saleability of a high risk site See Practice Note: Environmental insurance—when is it needed? What type of policy? The usual insurance in asset purchase transactions is a ten‑year fixed site policy, often referred to as an Environmental Impairment Liability ( EIL) Policy or Premises Pollution Lability ( PPL) Policy......
The Environmental Information Regulations 2004, SI 2004/3391, as amended ( EIR 2004), can expose businesses to the release of confidential commercial material. At the same time, EIR 2004 can be a route to obtaining commercially valuable data. The greatest exposure typically arises in two situations: (1) when a private company is treated as a public authority; or (2) when a private company deals with a public authority. This Practice Note sets out ways for businesses to reduce the risk of unwanted disclosure, and explains how they can use EIR 2004 to their advantage. For more on EIR 2004, see Practice Notes: Environmental Information Regulations 2004—what is environmental information? Environmental Information Regulations 2004—request for environmental information Environmental Information Regulations 2004—responding to a request Environmental Information Regulations 2004—clarifying requests Environmental Information Regulations...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note compiles and distils significant archived judgments and case law outcomes concerning the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391. For up-to-date case law developments on access to environmental information and freedom of information, consult: Freedom of information case tracker. The tables under each section below showcase notable key decisions from the following bodies: Court of Appeal Upper Tribunal ( UT) First Tier Tribunal ( Information Rights) ( FTT) Information Commissioner’s Office ( ICO) For convenience, the tracker is organised into sections aligned to the principal relevant provisions and topics specifically addressed under the EIR 2004, including: definition of environmental information definition of a public authority form and format of information charging for making environmental information available information not held by the public authority manifestly unreasonable requests material in the course of completion, unfinished documents and incomplete...
When is an indemnity needed? In a share purchase, the buyer assumes all environmental liabilities tied to the target and its subsidiaries. If due diligence uncovers contaminated land exposure or specific environment, health and safety ( EHS) non-compliance, the buyer may seek an environmental indemnity in the share purchase agreement ( SPA) or a separate environmental deed. The seller might also look for an indemnity from the buyer where, for example, directors or managers linked to the target remain with the seller. See the following Precedents: Environmental indemnity for a share purchase agreement Asbestos indemnity for when seller is in breach Checklist for environmental indemnity Once the principle of an environmental indemnity is agreed, lawyers and their clients should settle the indemnity’s scope before drafting starts. Indemnities are tailored to the individual transaction. The points below highlight the key issues to...
Environmental incidents can erupt suddenly and bring serious consequences. In such circumstances, keeping a clear focus on how to handle the situation can be challenging. Managing an environmental incident does not mean being unco-operative with an investigating authority; in most instances, open and transparent collaboration will almost always be the wisest course. Nevertheless, prudent preparation for a potential incident requires clear policies so that, when one occurs, the right resources are directed to minimising environmental harm, maintaining controlled and effective communication with the regulator, and carrying out appropriate evidence gathering and subsequent analysis. For details of regulators’ powers to investigate environmental crime, see the following Practice Notes: Environment Agency—powers to investigate environmental crime Environment Agency ( EA)—powers of entry Natural Resources Wales—powers to investigate environmental crime Natural England—powers to investigate environmental crime Local...
Who enforces environmental laws in England and Wales and what remits do they have? The principal regulators and enforcement authorities in England and Wales are: the Environment Agency ( EA) Natural Resources Wales ( NRW) Natural England ( NE) local authorities In Scotland, the Scottish Environment Protection Agency ( SEPA) is the counterpart environmental body; for details of SEPA’s powers to monitor and enforce environmental laws, see Practice Note: Scottish Environment Protection Agency—powers to investigate environmental crimes. Environment Agency In England, the EA is the lead enforcement authority. It oversees a broad remit, covering pollution control, waste regulation, water resources management, flood and coastal risk management, fisheries, conservation and navigation. It also manages flood risk from main rivers, reservoirs, estuaries and the sea, and protects wildlife and habitats. Lead local flood authorities ( LLFAs) are responsible for flood risk from surface water, groundwater and ordinary...
Purpose of environmental searches and investigations Environmental investigations are undertaken for a range of reasons. The price, depth and scope of any study will shift according to its objective. In general, outputs from desk-based reviews through to intrusive works are intended to deliver qualitative and/or quantitative risk evaluations, considering potential effects on human health, buildings and services, ecological receptors, or controlled waters. Searches and investigations also enable parties to land transactions to proceed fully informed about legal liabilities that may arise from historic or current uses of the land. The breadth of an investigation is shaped by the deal terms, the client’s risk appetite, the budget, and the site’s characteristics and environmental context. Typically, an investigation is commissioned: to clarify liabilities under a range of regimes and laws, including: the...
During due diligence, the tenant’s solicitors review if the premises meet legal requirements and fit the intended use, covering any planned assignment or underletting. The tenant solicitors’ searches, together with the landlord’s responses to Commercial Property Standard Enquiries ( CPSE) and any follow-up queries, ought to probe potential significant risks linked to environmental, safety and energy matters......
Technical due diligence If known or suspected non-compliance or land contamination arises, the purchaser, or preferably its solicitors, may appoint an environmental consultancy to perform a phase 1 environmental, health and safety ( EHS) compliance review, or more invasive phase 2 investigations, to appraise the potential liability and overall financial risk......
Environmental liabilities often emerge in property transactions. See Practice Notes: Environmental issues in property transactions—acting for a seller and Environmental issues in property transactions—acting for a buyer. This Practice Note highlights the principal environmental points practitioners should check during lease due diligence, including: land contamination liabilities asbestos in buildings Energy Performance Certificates ( EPCs) and Minimum energy efficiency standards ( MEES) Land contamination liabilities Contaminated land may trigger a range of liabilities; the headline types are outlined below. Regulatory action: planning obligations and development conditions; contaminated land regime, Part IIA of the Environmental Protection Act 1990 ( EPA 1990); Environmental Damage Regulations— EDR ( England) SI 2015/810 and EDR ( Wales) SI 2009/995; anti-pollution works notices under sections 161–161D of the Water Resources Act 1991 ( WRA 1991); environmental permit obligations, EPR 2016, SI 2016/1154. Third-party...
Buyers and sellers weigh numerous factors when conducting thorough due diligence during a commercial transaction for the purchase or disposal of a business together with its operational sites and plant. Environmental considerations ought to form a key part of any diligence process for the enterprise. ' Caveat emptor'—'let the buyer beware'—is a well-established common law doctrine under which the seller has no legal obligation to reveal material facts to a potential purchaser, so the purchaser must make their own enquiries. Environmental regulations can drive substantial capital spending, and such risks may materially change a company’s overall risk profile. Compliance shortcomings may seriously damage reputation, while enforcement could threaten the long term viability or profitability of the business. Commissioning an environmental consultant Provide your environmental consultant with full and relevant context for the proposed deal when commissioning due diligence, so an appropriate and...
This Practice Note explains the operation of environmental delivery plans ( EDPs) and the new nature levies established by Part 3 of the Planning and Infrastructure Act 2025 ( PIA 2025) for schemes in England, and includes practical guidance alongside an EDP due diligence checklist for developers. Speed read Part 3 of PIA 2025 reshapes environmental delivery within the planning system, moving emphasis from site‑specific mitigation towards more strategic programmes implemented through EDPs and a national levy across England. Lawyers must identify precisely where and how EDPs apply in particular proposals; advise developers on calculating levy liabilities and wider compliance costs with accuracy; and ensure ongoing adherence to environmental duties falling outside the EDP scope remains robust. Where participation in levies is optional, developers should preserve flexibility so costs, planning outcomes and reputational exposure can be controlled effectively. PIA 2025, Pt 3 is not yet operative and will commence via...
The environmental damage regime ( EDR) obliges operators of activities that cause serious environmental incidents to both prevent harm and put it right. It rests on the polluter-pays principle and implements the requirements of the EU Environmental Liability Directive. For more information, see: Environmental damage regulations—overview. Who is liable? Liability for environmental damage sits with the operator of the activity. Operator: any natural or legal person, whether private or public, who runs or controls an activity. This also covers the holder of a permit and anyone who registers or notifies an activity. Activity: any economic undertaking, public or private, whether or not for profit. Purely domestic or recreational activities are excluded. The enforcing authority may proceed against more than one operator. Where more than one person could be the operator, the authority must decide whom to enforce against. When...
The environmental damage regime ( EDR) The environmental damage regime ( EDR) governs harm to the environment within England and Wales. Operators carrying out activities that cause serious incidents must avert and repair such harm. Liability follows the polluter-pays principle. Refer to Practice Notes as follows: Environmental damage—potential liabilities and Environmental damage regulations—overview......
Liability for environmental harm arises under the environmental damage regime ( EDR), derived from the Environmental Liability Directive 2004/35/ EC. See Practice Note: EU Environmental Liability Directive—snapshot. In England and Wales, the EDR is given effect by the Environmental Damage ( Prevention and Remediation) ( England) Regulations 2015 ( EDR England), SI 2015/810, and the Environmental Damage ( Prevention and Remediation) ( Wales) Regulations 2009 ( EDR Wales), SI 2009/995. Under the EDR, operators whose activities cause serious environmental incidents must both prevent and remediate the damage. For further detail on the EDR, see the following Practice Notes: Environmental damage regulations—overview Environmental damage—when does the environmental damage regime apply? Environmental damage—what does it cover? Environmental damage—potential liabilities Environmental damage—operators’ obligations, enforcement, offences and appeals Environmental damage— Summary of enforcement options Where harm has occurred and there are...
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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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