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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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This Practice Note summarises the law in relation to divorce proceedings relying on two years' separation and consent issued prior to 6 April 2022. It outlines what amounts to living apart, how to work out the two-year timeframe, and the evidential requirements for consent. It also addresses when a respondent can seek the court’s consideration of their financial circumstances post-divorce. See Practice Note: Restrictions on decree being made absolute—divorce. The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Cases issued on or after that date fall under DDSA 2020 and the revised procedure in the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For more detail, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Applications issued on or before 5 April 2022 proceed under the previous law, whether filed through the digital system or on...
Background In the wake of the coronavirus ( COVID-19) outbreak, governments around the world imposed extraordinary social distancing rules and lockdowns. Within the UK, these steps severely affected how the courts—and those using them—could perform their routine functions. In response, the courts are operating under revised protocols and procedures—see Practice Note: Coronavirus ( COVID-19)— Changes to the court process in insolvency proceedings [ Archived]. To build on those adjustments, and to tackle issues unique to insolvency cases, a new Temporary Insolvency Practice Direction ( TIPD) took effect on 6 April 2020—see: Issue 96 of Insolvency Service’s Dear IP published, LNB News 06/04/2020 90. The TIPD lapsed on 1 October 2020 and was succeeded by the Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (effective from 1 October 2020 to 31 March 2021). That instrument has itself been followed by additional temporary practice...
This Practice Note It examines relevant examples of orders in financial proceedings and spectrum of tax implications that may arise when periodical payments orders, lump-sum orders or property adjustment orders are made, or where business assets are present. The Finance ( No 2) Act 2023 obtained Royal Assent on 11 July 2023......
Once a bankruptcy petition and its supporting documents have been presented (or issued) at court, the petitioning creditor’s initial step is to ensure the documents are served on the debtor. This Practice Note outlines the methods by which a petitioning creditor must serve the bankruptcy petition on the debtor. It does not cover service of any other documents within insolvency proceedings. For further guidance on issuing a bankruptcy petition or what to expect at the bankruptcy hearing, see: Creditors’ bankruptcy petitions—grounds and documents required for presentation Bankruptcy petitions—process and procedure post-presentation of the petition The general rule—personal service of the bankruptcy petition on the debtor The general rule is that a sealed copy of the bankruptcy petition must—unless the court orders substituted service—be served on the debtor personally by an officer of the court, the petitioning creditor, the creditor’s solicitor, or a person...
This Practice Note reviews jurisdictional gateway 16 concerning restitution claims, as contained in CPR PD 6B, para 3.1(16). It should be considered alongside Practice Note: Cross-border service—jurisdictional gateways (principles). The gateway was effectively repealed in October 2015 and replaced with new terms. This is relevant when consulting older authorities analysing the gateway. The former wording indicated that a restitution claim could be made where the defendant’s purported liability arose from acts within the jurisdiction. Restitution claims—gateway 16 The current form provides that a claim for restitution is made where: (a) the defendant’s alleged liability stems from acts carried out within the jurisdiction; or (b) the enrichment is obtained within the jurisdiction; or (c) the claim is governed by the law of England and Wales. For those handling restitution matters, meeting any single limb of gateway 16 is sufficient: gateway 16(a)—wide in scope, as it centres on the...
This Practice Note outlines the Sentencing Council’s guidance on sentencing corporate bribery offences in the Crown Court and magistrates’ court. The court must follow these guidelines when sentencing a corporate offender unless it is satisfied that doing so would be contrary to the interests of justice. The court should set a sentence within the offence range, subject to: a reduction for a guilty plea a discount for assistance provided totality where the court considers none of the categories sufficiently resemble the offender’s case For guidance on sentencing guidelines generally, see Practice Note: Sentencing criminal offences—sentencing guidelines and resources. For information on sentencing more broadly, see Practice Notes: Sentencing procedure in the magistrates’ and Crown Courts and Sentences imposed following conviction. Bribery committed by a corporate offender Corporate bodies can be convicted of offences under sections 1, 2 and 6 of the Bribery Act 2010 ( BA...
Fees for applications to the Office of the Public Guardian Fees payable for applications and other matters to the Office of the Public Guardian arise from the Public Guardian ( Fees, etc) Regulations 2007, as amended by subsequent regulations. References to Columns 1 and 2 correspond to those in the 2007 Regulations. Enduring power of attorney registration (regulation 4): £92.00 Enduring power of attorney office copy fee (regulation 4A): £25.00 Lasting power of attorney registration (regulation 5): £92.00 Reduced fee for repeat application to register a lasting power of attorney (regulation 5): £46.00 Lasting power of attorney office copy fee (regulation 5A): £35.00 Deputy assessment fee (regulation 8): £100.00 General supervision (regulation 8): £320.00 Minimal supervision (regulation 8): £35.00 Guardianship set-up fee (regulation 8A): £200 Guardianship supervision (regulation 8A): £320 Fees for...
Practice Note: Family proceedings with EU connections—toolkit At 11pm on 31 December 2020, the transition/implementation phase of Brexit came to a close following the UK’s exit from the EU; UK legislation terms this moment ‘ IP completion day’. For hands‑on guidance on Brexit’s effects, consult this toolkit for practical assistance. The court carries an autonomous role and duty and remit to properly examine and decide whether it holds jurisdiction. This Practice Note explains the compulsory obligation on an EU Member State to stay proceedings when another Member State has already been seised of jurisdiction. The regime applies where the proceedings fall under Council Regulation ( EC) No 2201/2003 ( Brussels II bis, also known as Brussels IIA). As set out below, these obligations persist in this jurisdiction only where there are parallel proceedings started in the UK or an EU Member State on or before 31...
Home-to-school transport (early years) in England Local authorities in England can offer home-to-setting transport for children in early years provision outside schools and may lawfully make a charge for providing it. Home-to-school transport (compulsory school age) in England Travel arrangements for eligible children Unless, and until, an approved school travel scheme is in force—something that will not now occur; see below—a local authority in England must put in place whatever travel it considers necessary to ensure every eligible child of compulsory school age can reach their relevant educational establishment and return home. This does not have to be a door-to-door service, as confirmed in R ( M& W) v Hounslow. For an eligible child, the travel provided must be free of charge and must not require participants to incur extra costs. The Df E has issued guidance, including a model appeal process recommended for use by LAs to help...
ARCHIVED : This Practice Note has been archived as it pre-dates 1 April 2013 and is retained solely to aid understanding of the consultation on reforming conditional fee agreements and other elements of funding and costs in civil litigation. It covers: the Government’s response CFAs After the Event ( ATE) insurance Damages-based agreements ( DBAs/contingency fees) CPR 36 assessment of costs, including the new proportionality test increased hourly rates for litigants in person The consultation Following Lord Justice Jackson’s report on costs, the Ministry of Justice announced a consultation on reforming conditional fee agreements and other aspects of funding and costs in civil litigation. The consultation closed on Monday 14 February 2011. For further details, see: Reform of civil litigation funding: consultation launched ( News, 16 November 2010). The Government's response The Ministry of Justice issued its response in May 2011. In broad...
ARCHIVED : This Practice Note applies to applications to obtain evidence in the courts of England and Wales for use in an EU Member State, where the transitional arrangements on the taking of evidence in Article 68(b) of the Withdrawal Agreement were satisfied before IP completion day (31 December 2020). For guidance on whether those transitional provisions are met, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners, in particular the main section: Taking of evidence. Where the transitional provisions apply, the rules and practice direction in force immediately before implementation day (ie 30 December 2020 at 11 pm) continue to govern. In this Practice Note, these are described as old Part 34 and old practice direction 34A. For guidance, see Practice Note: Brexit post implementation period— CPR changes [ Archived], especially the main section: Part 34— Witnesses,...
ARCHIVED : Practice Direction 51V ( CPR PD 51V) establishes a pilot under which applications to set aside default judgments made pursuant to CPR 12 are heard by video. This mechanism is distinct from the coronavirus pandemic arrangements that facilitated remote hearings. For further guidance, see Practice Note: Remote and hybrid hearings in civil proceedings. The pilot operates in the Birmingham or Manchester Civil Justice Centres and applies automatically unless a party objects or chooses to opt out. The scheme is described in the schedule to the 115th Update— Practice Direction amendments. It has been extended, with the 122nd Update— Practice Direction Amendments confirming it will continue until 31 March 2021. This Practice Notice addresses the second video hearings pilot scheme. Note that both the original pilot and this successor bear the same title and share the same practice direction reference. For the rationale behind...
ARCHIVED : Warning: this is for historical purposes only. This pilot scheme has now ended. Where and when did it apply? The Automatic Pilot Scheme (the Scheme) applied to all claims started on or after 1 October 2009 and continued until 30 September 2012. What was it? Under the Scheme, if a party defaulted by failing to file key documents during the proceedings, their claim was automatically struck out without any further order from the court. In addition, where parties wished to obtain a stay of proceedings to explore settlement, there was no automatic strike out; instead, an automatic order was made granting a stay. It was therefore important to recognise the situations in which the Scheme operated, namely: all parties requested a stay of the proceedings for a one‑month period any party failed to file an allocation...
E& W Brussels I (recast)—appearance by the defendant (arts 26 and 28) [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note reviews the provisions in Regulation ( EU) 1215/2012, Brussels I (recast) on when a defendant submits to the court’s jurisdiction. Articles 26 and 28 prescribe how to determine whether a defendant has accepted the court’s authority. The central requirement is the entry of an ‘appearance’. The Note examines what constitutes an appearance and the associated practicalities. Where no appearance is entered, submission may not be established and the court may stay the proceedings. Alongside this, it addresses the practical question of whether the defendant has been given adequate information to make an informed decision to appear, as reflected in Article 28 of Regulation ( EU) 1215/2012, Brussels I (recast). In particular, an appearance is the...
E& W Brussels I (recast)—parallel proceedings (art 29) [ Archived] ARCHIVED: This Practice Note is archived and is not maintained. It examines the terms of Article 29 of Regulation ( EU) 1215/2012, Brussels I (recast), which governs multiple proceedings, namely parallel proceedings that concern the same cause of action and the same parties. The Note outlines how courts address these matters and supplies examples showing their practical handling. Accordingly, the Note addresses both the procedural framework and its operation in day-to-day practice. The same subject-matter was formerly set out in Article 27 of Regulation ( EC) 44/2001, Brussels I. Although Regulation ( EU) 1215/2012, Brussels I (recast) makes certain alterations to what appeared in Regulation ( EC) 44/2001, Brussels I, the body of case law on Article 27 of Regulation ( EC) 44/2001, Brussels I remains relevant and will continue to shape the...
E& W Brussels I (recast)—domicile ( Arts 4 and 63) [ Archived] ARCHIVED : This Practice Note is archived and no longer being maintained. It reviews the default rule in Article 4 of Regulation ( EU) 1215/2012, Brussels I (recast), addressing how a defendant’s domicile bears on the court’s jurisdiction. It identifies circumstances in which that principle is displaced and includes pathways to in-depth analysis of particular rules. It further outlines the approach under English law to assessing domicile for natural persons and corporate entities. Impact of UK’s departure from the EU After exit day (ie 31 January 2020), the UK assumed third-state status for the purposes of Regulation ( EU) 1215/2012, Brussels I (recast). However, by virtue of the Withdrawal Agreement’s transitional terms between the UK and the EU, Regulation ( EU) 1215/2012, Brussels I (recast) continued to apply to the UK...
E& W Brussels I (recast)—third parties, counterclaims and rights in rem (art 8) [ Archived] ARCHIVED: This Practice Note is archived and no longer maintained. It examines departures from the general rule that a claimant must issue proceedings in the courts of the defendant’s domicile under Article 8 of Regulation ( EU) 1215/2012, Brussels I (recast). The Note addresses third parties, counterclaims, and rights in rem. It does not address the provisions in Article 8(1) concerning multiple defendants; that subject is dealt with in Practice Note: E& W Brussels I (recast)—multiple defendants (art 8) [ Archived]. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state for the purposes of Regulation ( EU) 1215/2012, Brussels I (recast). Under the transitional provisions in the Withdrawal Agreement between the UK and the EU, the UK continued to be...
E& W Brussels I (recast)—requirements for an effective choice of court agreement (art 25) [ Archived] ARCHIVED: This Practice Note is archived and is not maintained. This Practice Note examines Article 25 of Regulation ( EU) 1215/2012, Brussels I (recast), and the criteria for demonstrating to the court that the parties have a valid choice of court agreement. It sets out the position previously adopted by the Court of Justice of the European Union ( CJEU) on such agreements, identifies the changes introduced by the regulation, and considers what those developments may entail in practice. Equivalent wording to Article 25 of Regulation ( EU) 1215/2012, Brussels I (recast), appears in earlier instruments— Article 17 of the Brussels Convention and Article 23 of Regulation ( EC) 44/2001, Brussels I. Accordingly, the cases cited in this Practice Note include decisions under that Convention and Regulation, as they assist in...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool identifies and summarises significant new and forthcoming legislation and consultations in England and Wales relating to water and marine matters. Retained EU law ( REUL) denotes EU-derived rights and legislation preserved by UK law after the Brexit transition ended at 11 pm on 31 December 2020 ( IP completion day). ‘ Assimilated law’ is the term for REUL that continues in force beyond the end of 2023. The reclassification of REUL (and connected terms) as assimilated law marks a change in its status and treatment under UK law, so that it is generally interpreted by reference to ordinary domestic legal principles. From 1 January 2024, REUL is assimilated into domestic law because it is, in general, stripped of EU-derived interpretative effects (for example, the supremacy of EU law, directly effective rights, and...
Sustainable management of water resources Oversight of sustainable water resource management sits with government, the Environment Agency ( EA), Natural Resources Wales ( NRW) and water companies, working together to steward supplies. Many industries depend on abstracting water to make their products, and the twin pressures of droughts and floods can sharply limit what is available. The abstraction and impoundment licensing regime therefore manages resources by securing sufficient supply whilst protecting the environment. Its importance grows in water‑stressed regions (for example where demographic pressures in South East England are acute), and is tied to time‑limited licences, with periodic review, enabling the regulator to react more effectively to climate change impacts. This Practice Note summarises the core legislative and policy framework governing water abstraction and impounding in England and Wales. It also reviews proposals to reform the regime by incorporating it within the...
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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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