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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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Smile Telecoms Holdings Limited sought a Part 26A restructuring plan ( RP), with a convening hearing in February 2021, followed by a sanction hearing in March 2021. A further plan was subsequently proposed and sanctioned in March 2022 (see Practice Note: Part 26A restructuring plan deal debrief— Smile Telecoms Holdings Limited (second plan)). The principal points appear below (capitalised terms not defined herein carry the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For an in-depth review of headline metrics from the RPs lodged in 2023, together with commentary from leading figures in the restructuring community, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company Smile Telecoms Holdings Limited (the Company) Industry sector Telecoms Place of debtor’s...
Statutory provisions on jurisdiction and sufficient connection/discretion At the convening hearing, an English court first carefully determines whether it has jurisdiction before turning to any Part 26A restructuring plan ( RP). Under Part 26A of the Companies Act 2006 ( CA 2006), the regime extends to companies capable of being wound up under the Insolvency Act 1986 ( IA 1986) (see CA 2006, s 901A(4)(b); Re Virgin Atlantic applying DAP Holding NV and Re Pizza Express). The phrase ‘companies liable to be wound up under IA 1986’ aligns with the definition used for schemes of arrangement, and for both schemes and RPs includes unregistered companies and foreign companies. In addition, where overseas companies are involved, and when the court considers whether to exercise its discretion to sanction an RP, jurisdiction over a foreign company will only be assumed if there is a...
Madagascar Oil Limited sought approval of a Part 26A restructuring plan ( RP), with a convening hearing in April 2025 and a sanction hearing in June 2025. The headline points are set out below (capitalised terms not otherwise defined take the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For deeper insights into 2023 RP filings and commentary from leading figures in restructuring, consult News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024... Name of Company Madagascar Oil Limited (the Company) Industry sector Oil and Natural Resources Place of debtor’s incorporation and jurisdictional factors The Company is incorporated in Mauritius and maintains its head office in the UK. It serves as the Group’s intermediate holding entity, with subsidiaries including Madagascar Oil S. A. ( MOSA) and BMK Resources Ltd ( BMK). To...
This Practice Note sets out the legal obligations placed on local authorities in relation to health services under the Health and Social Care Act 2012 ( HSCA 2012). It outlines local authorities’ responsibilities regarding: the range of services they are obliged to commission or arrange, duties to encourage integration of services across local authority and NHS borders NB : On 13 March 2025, the Health Secretary announced that NHS England would be abolished, with many of its functions returning to the Department of Health and Social Care over the next two years. The reforms will reverse the 2012 reorganisation of the NHS but will take time to implement. They may well affect the arrangements set out in this note......
Islamic finance contracts Agreements structured under Islamic finance are, when performed in the UK, ordinarily subject to the laws of England and Wales. In cross-border deals, particularly those involving finance parties from leading Western economies, the governing law is frequently designated as English law too. This approach has developed for several reasons: in UK-focused transactions, many of the parties are resident in the UK and are familiar with those legal frameworks Islamic financial institutions ( IFIs), often banks or other financial entities, and related institutions, typically insist on this governing law as a matter of practicality, disputes are likely to be brought before an English court, which works most effectively when applying its own law no evidently superior alternative legal system presently exists Some commentators on Islamic finance have criticised the reliance on English law and the English courts, contending that they lack the capability to interpret Islamic finance...
What does this Practice Note cover? This Practice Note sets out, in broad terms, the overall concept of subordination and addresses: legal subordination structural subordination in debt capital markets transactions contractual subordination in debt capital markets transactions subordination in debt securities issued for regulatory capital purposes subordinated debt securities issued as part of a larger financing structure, and subordination in securitisations and other asset-backed securities Meaning of subordination Subordination describes an arrangement under which a liability or claim only becomes payable after another liability or claim, or a class of liabilities or claims, has been discharged. The obligation that is deferred until another obligation has been settled is called subordinated debt. In some deals, subordinated debt is labelled junior debt, and in those deals the obligation that is payable ahead of the subordinated debt is typically called senior debt. Senior debt is regarded as ranking above, and enjoying priority over, the junior debt. In a...
A legal opinion A legal opinion is a formal statement setting out a view on legal matters connected to a transaction. As discussed in more detail below, such opinions usually address several facets of a transaction, and the extent of the opinion differs on a case-by-case basis. This Practice Note concentrates on opinions on matters of English law. Where parties or assets are situated in multiple locations, multiple legal opinions will commonly be required, each dealing with issues relevant to the applicable jurisdiction. This Practice Note highlights matters relevant to opinions for secured bond issues. Most of the subjects covered in those opinions mirror the matters dealt with in opinions for unsecured bond issues. However, secured transactions involve particular issues that must be addressed in such opinions, together with additional assumptions and reservations that are typically included, and these are explored in detail below. For...
This Practice Note addresses the tax rules applicable to freeports in England. The UK government has been working with the devolved administrations on the processes for creating new freeports in Scotland, Wales and Northern Ireland. The Scottish and UK governments jointly selected two Scottish green freeports: the Firth of Forth Green Freeport and Inverness and Cromarty Firth Green Freeport. Special tax sites have been designated at the Inverness and Cromarty Firth Green Freeport with effect from 8 April 2024, and at the Forth Green Freeport with effect from 12 June 2024. The Welsh and UK governments jointly agreed to create two freeports in Wales: Anglesey Freeport and Celtic Freeport. Special tax sites have been designated at the Celtic Freeport with effect from 26 November 2024, and at the Anglesey Freeport with effect from 23 January 2025. On 26 March 2024, the previous...
This Practice Note examines the role of fixed charge receivers from a Jersey standpoint. As there is no fixed charge receivership process in Jersey, it focuses on how Jersey law interacts with English fixed charge receiverships in the circumstances below: security granted by Jersey companies under English law over property located in England; and security constituted under Jersey law over property located in Jersey Security created by Jersey companies under English law over property situated in England In broad terms, the Jersey courts will recognise a charge validly granted by a Jersey company over collateral outside Jersey where a non- Jersey governing law has been properly chosen, which is usually the law of the place where the collateral is located. However, certain aspects of a non- Jersey law charge created by a Jersey company remain governed by Jersey law, applying private...
ARCHIVED: this Practice Note is archived, is not kept up to date, and is provided for background only. In addition, some links may no longer lead to the provisions as they stood on the publication date of the guidance... Key contract cases for 2016—what do you need to know? During 2016, the Court of Appeal and the Supreme Court addressed a series of significant contract issues. In this round-up, we consider: the end of anti-oral variation clauses? ( Globe Motors, Rock Advertising)—see below creating contracts by conduct ( Reveille v Anotech)—see below when contracts must come to an end ( MSC Mediterranean v Cottonex)—see below limiting and excluding liability ( Transocean Drilling, Star Polaris, Impact Funding, Nobahar- Cookson)—see below when are Wrotham Park damages available? ( One Step v Morris- Garner)—see below damages for deceit ( OMV Petrom v...
This Practice Note examines inquiries and reporting on maladministration, and ought to be considered and read alongside Practice Notes: Local Government and Social Care Ombudsman and Maladministration—complaints for further context. Investigations The Local Government and Social Care Ombudsman ( LGO) holds powers equivalent to the High Court concerning requiring attendance, questioning witnesses, and compelling documents. The LGO determines the manner of the inquiry and may appoint a mediator or another individual to support the process. All investigations must proceed in private. They can include gathering evidence from complainants, third parties, and authorities. Interviews may form part of the exercise as well. The LGO may decide if an individual is permitted representation when giving evidence......
Nationally significant waste water infrastructure The NPS outlines government policy on the provision of nationally significant waste water infrastructure in England. It steers decision making on development consent applications for waste water projects that meet the definition of a nationally significant infrastructure project ( NSIP) in the Planning Act 2008 ( PA 2008). See Practice Notes: National Policy Statements, Application procedure for nationally significant infrastructure projects, and Permission for nationally significant infrastructure projects for further background. Waste water—commonly referred to as sewage—is typically a combination of domestic waste water from baths, sinks, washing machines and toilets, together with waste water from industry. Waste water NSIPs, to which the NPS applies, are defined in PA 2008, s 29 as: the construction of waste water treatment plants in England that are expected, once constructed, to have a capacity exceeding a population equivalent of 500,000 the...
The Waste Management Plan for England ( WMPE), January 2021 The Waste Management Plan for England ( WMPE) from January 2021 sets out a high-level picture of how waste is managed in England. It is issued in line with the Waste ( England and Wales) Regulations 2011, SI 2011/988 (as variously amended), fulfilling Parts 3 & 4, which require national waste management plans to exist and be reviewed every six years. Taken with its supporting documents and local authorities’ waste local plans, the WMPE sits alongside equivalent plans in Scotland, Wales and Northern Ireland, so that waste management plans are in place across the UK. Defra publishes the WMPE on behalf of the Secretary of State for the Environment, Food & Rural Affairs, who is the ‘appropriate authority’ under the Waste E& W Regs 2011, Reg 3. The Environment Agency ( EA) is...
This Practice Note examines the ‘right to rent’ regime applying to residential premises in England. It summarises the ‘right to rent’ scheme and signposts the code of practice on right to rent (which explains how landlords and agents can comply with the regulations) and the landlords’ code of practice (relating to avoiding discrimination), alongside other Government guidance. The focus is on residential premises within England only. It also directs readers to Government guidance relevant to the scheme in this area, as appropriate. Background—the 'right to rent' scheme Brought in by the Immigration Act 2014 ( IA 2014), the ‘right to rent’ framework is designed to prevent persons who are not lawfully present in the UK from securing or remaining in private accommodation in the UK. Under the scheme, a private landlord who permits an adult, disqualified from entering into a residential tenancy agreement because of their...
Versions of the National Planning Policy Framework ( NPPF) The first National Planning Policy Framework took effect in England on 27 March 2012, with immediate effect, supplanting all Planning Policy Statements and Planning Policy Guidance Notes, save for PPS10 ( Planning for Sustainable Waste Management, which was subsequently replaced by the National planning policy for waste). Its purpose was to streamline and make the planning system easier to navigate, safeguard the environment, and encourage sustainable growth. Archived Practice Note: The 2012 National Planning Policy Framework [ Archived] sets out an overview of the principal policies in the 2012 NPPF. A substantially reworked NPPF was issued in July 2018. It was quickly recognised that additional amendments were necessary to the 2018 NPPF, resulting in a revised edition published in February 2019. In February 2021, the government consulted on proposed changes to the NPPF to take...
UPDATE (30/11/20): The Health Protection ( Coronavirus, Restrictions) ( All Tiers) ( England) Regulations 2020 ( SI 2020/1374), made on 30 November and coming into force on 2 December 2020, repeal the Coronavirus Restrictions ( No 4) Regulations 2020 ( SI 2020/1200). Consequently, the national lockdown measures discussed in this Practice Note will lapse at the end of Tuesday 1 December 2020, and not at the end of Wednesday 2 December 2020 as previously stated in SI 2020/1200. Also on 30 November, DHSC issued guidance for the following tiers: Tier 1: Medium alert Tier 2: High alert Tier 3: Very High alert See News Analysis: New 2 December COVID-19 tiering legislation and guidance published. This Practice Note and Practice Note: Coronavirus ( COVID-19)—managing the workplace to 18 July 2021 [ Archived] will be updated shortly. UPDATE (26/11/20): On 26 November, DHSC published a full list of local...
Archived This Practice Note is archived and is no longer being maintained. Forthcoming change The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on how the Act affects residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. Stop press The Housing and Planning Act 2016 received Royal Assent on 12 May 2016. However, the provisions in Part 3 concerning the recovery of possession of abandoned premises have not yet been brought into force. Accordingly, this Practice Note is provided for information only until those measures commence. This Practice Note concerns the recovery of abandoned residential premises let under an assured shorthold tenancy ( AST) by private landlords in England only. Background Part 3 of the Housing and Planning Act 2016 ( HPA 2016) is intended to enable private landlords to regain possession of abandoned residential property with greater ease, with the aim of making more...
ARCHIVED: This Practice Note has been archived and is no longer maintained. In a July 2024 consultation on revisions to national planning policy, the government stated it would not take forward the infrastructure levy. Consequently, this Practice Note is archived and is not being updated. What is the infrastructure levy? The infrastructure levy ( IL) was designed to reshape the system of developer contributions in England, replacing contributions made via planning obligations under section 106 of the Town and Country Planning Act 1990 ( TCPA 1990) and the community infrastructure levy ( CIL) with a compulsory, more straightforward, locally set charge on new development. The detailed operation of IL would be prescribed through regulations. The objective of IL is to ensure that the costs of supporting an area’s development are met, at least in part, by landowners or developers, without rendering development in that area...
In England, the provision of childcare is regulated in line with Part 3 of the Child Care Act 2006 ( Ch A 2006)...
Practice Note Although this Practice Note is not confined to unaccompanied asylum-seeking ( UAS) children, they are the group a practitioner is most likely to meet quite often in practice. Other situations can arise, for example: a child who has been abandoned but does not lodge an asylum claim; a dispute about the age of a dependent child of any asylum seeker. The material in this Practice Note concerns the law currently in force in England. In Wales, this field is governed by the Social Services and Well-being ( Wales) Act 2014 and associated statutory instruments. This Practice Note does not attempt to detail every obligation owed by the local authority ( LA) to a child because they are looked after by the LA. For those obligations, see Practice Note: Local authority duties towards children looked after by them. However, the key duties are addressed here. 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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