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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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Environmental damage regime Directive 2004/35/ EC of the European Parliament and of the Council of 21 April 2004 on environmental liability created a European framework for preventing and remedying environmental harm. In England and Wales, the Environmental Damage Regime ( EDR) is set out in 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. EDR focuses on averting imminent threats of environmental damage and addressing actual damage caused by certain activities, and also applies to any other activity involving protected species, special habitats or a site of special scientific interest ( SSSI) where the operator intended to cause environmental damage or was negligent. ‘ Environmental damage’ is harm to: a protected species or natural habitat that significantly adversely affects achieving or...
Reviewed by Professor Richard Macrory. The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) allowed regulators to address offences through six novel civil sanctions rather than prosecution. In 2010, the Environment Agency ( EA) and Natural England ( NE) received powers covering various environmental offences. By 2015, the regime was first widened, granting the EA authority to accept enforcement undertakings for environmental permitting offences. The Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157 applies in England, while the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 in both instruments sets out which sanctions attach to each offence. The EA commenced exercising these powers on 4 January 2011. NE started to use its powers from 3 January 2012. Since 1 April 2013, Natural Resources Wales ( NRW) has overseen the enforcement of...
Enforcement bodies Reviewed by Professor Richard Macrory From 4 January 2011, the Environment Agency ( EA) has exercised powers conferred by the Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157, and the Environmental Sanctions ( Wales) Order 2010, SI 2010/1821. Natural England ( NE) began applying these powers on 3 January 2012. In England, the EA and NE are the authorities charged with enforcing environmental civil sanctions. From 1 April 2013, Natural Resources Wales ( NRW) has taken on the role of enforcing environmental civil sanctions in Wales. Civil sanctions were created by the Regulatory Sanctions and Enforcement Act 2008 ( RESA 2008), which supplies the principal framework. Orders made under RESA 2008 concerning environmental civil sanctions commenced in England on 6 April 2010 and in Wales on 15 July 2010. Their purpose was to render the enforcement of...
This Practice Note outlines the powers available for addressing anti-social behaviour within an environmental setting, with particular focus on those introduced by the Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014). Community Protection Notices What is a Community Protection Notice and what is its purpose? A Community Protection Notice ( CPN) is intended to prevent a person aged 16 or above, a business, or an organisation from engaging in conduct that gives rise to specific, continuing problems or nuisances which adversely affect the community’s quality of life......
The purpose of environmental due diligence Environmental due diligence aims to: assess the likelihood of inheriting contaminated land liabilities linked to properties being transferred to the purchaser establish whether environmental permits must be transferred to the buyer, or if fresh permits should be obtained identify material non-compliance with environmental law or permits, or capital expenditure obligations that may pass to the buyer offer recommendations to mitigate these risks through further investigations, price negotiation, contractual protections or environmental insurance For a broader discussion of due diligence, see Practice Note: Due diligence—share and asset purchases. The scope of environmental due diligence Environmental and health and safety ( EHS) matters are generally examined together because: issues like managing asbestos and exposure to chemicals are both health and safety concerns and environmental matters environmental managers frequently hold...
This Practice Note outlines the main controls on the use of environmental claims in advertising and covers these core areas: relevant legislation self-regulatory codes sanctions for non-compliance Environmental messaging in marketing is rising as consumers become more informed about the ecological effects of the goods and services they choose. Firms are leveraging this heightened awareness by showcasing their sustainability credentials. Examples include statements such as 'environmentally friendly' or presenting a product or service as 'green', 'clean', or 'carbon neutral'. Typical wording ranges from broad descriptors to specific carbon-related statements, reflecting attempts to signal positive environmental impact to prospective customers across their marketing materials. As these claims proliferate, the Advertising Standards Authority ( ASA), the body tasked with overseeing advertising in the UK, has seen a parallel uptick in complaints about environmental claims in...
An environmental audit might be carried out: as part of due diligence linked to the acquisition, divestiture or flotation of an organisation or its assets to check conformity with legislation and/or the organisation’s own environmental requirements as a component of an organisation’s environmental risk management as an initial step to inform an environmental management system Types of environmental audit An environmental audit can comprise: desktop study or appraisal (ie a review based on information relating to the site drawn from various sources, without the benefits or costs of a site visit) phase I assessment (a review of background information coupled with a site visit during which observations are made and discussions held with site management) phase II assessment (entailing further investigation at the site such as sampling and analysis or monitoring activity; this will typically involve an...
During the due diligence stage, the purchaser’s solicitors and other advisers have the chance to review the target business’s legal, technical and financial performance in depth......
Restriction notices Section 109A of the Environment Act 1995 ( EA 1995) authorises the Environment Agency ( EA) and Natural Resources Wales ( NRW), in England and Wales, to issue a notice that restricts access to premises and the importation of waste into those premises for up to 72 hours, by serving a restriction notice, where there is a risk of serious pollution to the environment or serious harm to human health arising from the treatment, keeping, deposit or disposal of waste, and where issuing the notice is necessary to prevent that risk from continuing. For information on the EA’s other powers to investigate criminal offences, see Practice Note: Environment Agency—powers to investigate environmental crime. For information on NRW’s other powers to investigate criminal offences, see Practice Note: Natural Resources Wales—powers to investigate environmental crime. Restriction notices are available only for use by the EA and NRW....
What is the Environment Agency? The Environment Agency ( EA) is an executive non-departmental public body, created in 1996 and sponsored by the UK government’s Department for Environment, Food and Rural Affairs ( Defra). It is tasked with protecting and enhancing the environment in England, and held comparable responsibilities in Wales prior to 2013. Alongside the EA, other regulators, such as local authorities, also have powers to enforce environmental legislation. Summary of objectives The EA presents itself as the leading public body for protecting and improving England’s environment, aiming to create better places for people and wildlife while enabling sustainable development. Its corporate report identifies three long-term goals: a nation resilient to climate change healthy air, land and water green growth and a sustainable future These priorities align with central government’s 25 Year Environment Plan 2018, as updated by later Environmental Improvement Plans, and the Environment Act 2021. The EA’s remit...
ARCHIVED: This Practice Note is archived and is not maintained. Context Following the 23 June 2016 referendum on the UK’s EU membership, where 52% supported leaving, the government enacted the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). EU( W) A 2018 introduced a range of legislative measures tied to the UK’s withdrawal to ensure the statute book functioned on the day the UK left the EU. In broad terms, the same legal rules applied after exit day (11 pm on 31 January 2020) as beforehand, up to the completion of the implementation period. For more on this, see Practice Note: Brexit legislation tracker— Brexit SIs—commencement. From exit, the UK’s relationship with the EU has been governed by the Withdrawal Agreement, an international treaty negotiated between the UK and the EU during the withdrawal period, which sought to: resolve the...
What is an Enterprise Zone? Enterprise Zones ( EZs) are specific land areas offering businesses a suite of advantages, intended to draw in new firms or encourage further investment by those already based there. Their scale differs widely, ranging from single business parks through to entire cities or wider regions. The core policy purpose of EZs is to trigger swift business investment over the short term, generate employment, and spark a surge of activity that typically endures for up to three years. To support this, the government provides targeted measures on business rates, relaxed planning rules, and broadband provision, making it simpler to operate within EZs......
This Practice Note focuses on the conditions that must be met in relation to companies granting the EMI options. The EMI regime is tightly defined and prescribes multiple criteria that must be satisfied at the point options are granted. These relate to: the company issuing the options the employees to whom the options are granted the shares placed under option the options themselves Company-specific conditions are set in the context of the income tax relief available under sections 527–541 of the Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003). For a visual guide to assess whether a company can grant EMI options, see: EMI scheme—flowchart to determine company's eligibility. To help confirm whether a company and its employees qualify to grant or receive EMI options, see: EMI options—checklist to determine whether a company and its employees qualify; and for a...
Introduction to EMI schemes The enterprise management incentives ( EMI) scheme is a highly adaptable and tax-efficient arrangement created for small/medium-sized companies. Among the share option routes available to businesses, EMIs are among the most widely adopted. Chosen employees receive an option to acquire company shares at a set price, should they decide to proceed and exercise the option. Commonly—but not always—the exercise price mirrors the market value of the shares at the point the EMI option is granted. There is no requirement for an employee to exercise the option. Although EMIs can deliver significant tax efficiency when implemented correctly, the rules to qualify to grant, and to be granted, EMI options are notably strict. This Practice Note outlines the eligibility conditions for EMIs. For fuller guidance, see Practice...
Section 188 of the Enterprise Act 2002 ( En A 2002) creates a criminal offence where an individual agrees with one or more others that two or more undertakings will participate in prohibited cartel arrangements. This spans price fixing, market sharing, restricting production or supply, and bid rigging. The offence bites on agreements both to create or implement such arrangements, and to cause them to be created or implemented. It is committed irrespective of whether the undertakings put the agreement into effect by the undertakings. There are a number of defences available. See further, The UK criminal cartel offence. Both the Competition and Markets Authority ( CMA) and the UK’s Serious Fraud Office ( SFO) have the power to investigate individuals suspected of involvement in the criminal cartel offence under En A 2002, s 188. Under En A 2002, s 190,...
You are required to implement suitable technical and organisational controls to guard against unauthorised or unlawful processing, as well as accidental loss or damage to personal data. Security incidents are not solely IT-based; mistakes by people pose a major risk too. Whatever the cause, losing confidential information can have serious consequences for your firm: Misplacing your own data may hinder completion of tasks and heighten the likelihood of error and omission claims Compromising clients’ data can cost you clients and harm your standing, and any breach of confidentiality is liable to hit your bottom line The Information Commissioner’s Office ( ICO) can levy substantial penalties under the data protection framework Practice Note This Practice Note looks at practical measures you can adopt to enhance and sustain information and data security. See also Precedent: Information security review, which includes links to other...
FORTHCOMING CHANGE: The current enhanced protection against redundancy available to employees during pregnancy, maternity leave and other forms of statutory leave—together with an extra period after leave has finished—is due to be broadened to cover other kinds of dismissal. The powers to make regulations under sections 49D, 74, 75C, 75J, 80D and 80EH of the Employment Rights Act 1996 ( ERA 1996) were expanded by sections 26 and 27 of the Employment Rights Act 2025 ( ERA 2025), in force 6 January 2026 and 6 April 2026 respectively, and regulations are expected to take effect in 2027 (probably on either of the common commencement dates of 1 April or 1 October). The Department of Business and Trade has issued a Factsheet on enhanced dismissal protections for pregnant women and new mothers, and a consultation on the proposed measures ran from 23 October 2025 to 15...
THIS PRACTICE NOTE RELATES TO REGISTERED PENSION SCHEMES Enhanced protection was among the initial two protections available to pension savers on A‑day (6 April 2006), when the registered pension scheme framework and the lifetime allowance concept were first brought in by the Finance Act 2004 ( FA 2004). The second protection launched on A‑day was primary protection. In contrast to primary protection, anyone could apply for enhanced protection irrespective of the amount of their pension rights as at 5 April 2006. The purpose behind enhanced protection was to deliver transitional cover for individuals who, before A‑day, had already accrued pension savings that might otherwise have been negatively impacted by the advent of the lifetime allowance (which on A‑day stood at £1.5m). Although the lifetime allowance was removed with effect from 6 April 2024, enhanced protection still affords limited transitional safeguards in relation to an...
Practice Note This Practice Note outlines your duties regarding enhanced due diligence ( EDD) and clarifies its practical implications for you. It aligns with the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended......
Jurisdiction for English schemes The English court may approve a scheme of arrangement for a non- UK company under section 895(1) of the Companies Act 2006, where—following Knox J in Re Real Estate Development Co and Re Latreefers ( No 2)—the following are satisfied: the entity proposing the scheme is a “company” within Part 26 CA 2006 (that is, one that can be wound up under the Insolvency Act 1986, which includes companies incorporated abroad: see Re Magyar and IA 1986, ss 220(1)–221); there is a sufficient connection to England and Wales; and the scheme is capable of practical effectiveness, for example it will be recognised and given effect in other jurisdictions where the company holds assets or has creditors. For more on establishing jurisdiction, see Practice Note: Establishing jurisdiction and sufficient...
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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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