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Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
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ARCHIVED: This Practice Note has been archived and is not maintained. This tracker compiles and distils key new and forthcoming legislation and consultations in England and Wales relating to waste, including circular economy initiatives on end of life/waste and plastics, together with the waste producer responsibility regime. It is organised into the following parts: Legislation — highlighting significant upcoming laws of interest to Environment lawyers in England and Wales that take effect from 1 January 2024 Consultations — setting out the current status and latest developments for consultations open from 1 January 2024, or launched earlier but still open on 1 January 2024, run by government departments, regulators and other bodies concerning environmental law in England and Wales, as well as consultations by those bodies which closed from 1 January 2024 To follow EU developments in this area, see: EU...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker compiles and distils key new and forthcoming waste-related legislation and consultations in England and Wales, including circular economy measures on end-of-life/waste and plastics, as well as the waste producer responsibility framework. Legislation — highlighting significant forthcoming legislation of interest to environmental lawyers in England and Wales taking effect from 1 January 2023 Open consultations — outlining the current status and latest developments of consultations open from 1 January 2023, or started earlier but still open on that date, run by government departments, regulators and other bodies concerning environmental law in England and Wales Closed consultations — listing consultations by government departments, regulators and other bodies on environmental law in England and Wales that closed from 1 January 2023 For EU developments in this sphere, see: EU...
The Planning case tracker The Planning case tracker compiles significant 2024 judgments relevant to planning lawyers, arranged in reverse chronological order. See also: Planning case tracker—2021, Planning case tracker—2022 and Planning case tracker—2023. December 2024 Judgment date: 20 December 2024 Case: Jones v Wrexham County Borough Council [2024] EWCA Civ 1603 Planning policy: The Court of Appeal confirmed that in Wales, as in England, the decision to adopt a local development plan ( LDP) recommended by an inspector is a matter for the democratically accountable planning authority’s discretion. There is no duty on the authority to adopt a plan recommended for adoption (with or without modifications) by an inspector. However, under sections 65 or 71 of the Planning and Compulsory Purchase Act 2004 ( PCPA 2004), the Welsh Minister may call-in or...
STOP PRESS: Entries will appear here as soon as suitable material becomes available and relevant. The tool collates and distils significant new laws and key consultations across England and Wales connected to sustainability. The ideas of ‘sustainability’ and ‘sustainable business’ have developed markedly in scope in recent years. Today, in practice, initiatives tend to focus on three pillars—environment, social and governance (collectively, ESG). Our emphasis here is the environmental strand, covering responsible business, reporting and sustainable development, where relevant. Do note, however, that certain measures may span wider ESG elements and broader responsible business practices beyond the environment. UK proposals to enhance and encourage sustainable business are shaped by a range of international accords and programmes, including the Paris Agreement, the Task Force on Climate-related Financial Disclosures, the Task Force on Nature-related Financial Disclosures, and the United Nations Sustainable Development Goals. For further detail on these...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker collates and outlines notable new and forthcoming legislation and consultations in England and Wales connected to sustainability. The concepts of ‘sustainability’ and ‘sustainable business’ have evolved in recent years. Initiatives are now typically grouped into three pillars: environmental, social and governance (together, ESG). The tracker chiefly focuses on the environmental strand, including responsible business, reporting and sustainable development. Please note, some measures may reach across wider ESG considerations and broader responsible business practices. The UK’s plans and proposals to improve and incentivise sustainable business draw on a range of international agreements and initiatives, including the Paris Agreement, the Task Force on Climate-related Financial Disclosures, the Task Force on Nature-related Financial Disclosures, and the United Nations Sustainable Development Goals. For more on these broader international initiatives, see: ESG and...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker collates and summarises significant new and upcoming legislation and consultations in England and Wales relating to water and the marine area. The tracker is split into the following sections: Legislation—highlighting key forthcoming legislation of interest to environment lawyers in England and Wales due to commence from 1 January 2025 Consultations—outlining the current status and latest developments of consultations open from 1 January 2025, or launched earlier but still open as at 1 January 2025, undertaken by government departments, regulators and other bodies on environmental law in England and Wales, and consultations by those bodies in relation to environmental law in England and Wales which closed from 1 January 2025 For EU developments in this field, see: EU environment tracker 2025—water. Full list of England and Wales environment trackers England and Wales...
ARCHIVED: This Practice Note is archived and is not being maintained. This Energy consultation tracker outlines the current position and latest progress of key consultations run by government departments, regulators and other organisations on energy law and policy in England and Wales between 1 January and 31 December 2019. Any consultations still open on 1 January 2020 appear in the Energy consultations tracker 2020 [ Archived]. For earlier trackers, see: Energy consultations tracker 2018 [ Archived] Energy consultations tracker 2017 [ Archived] Energy consultations tracker 2016 [ Archived] For a schedule of expected future dates for major policy/regulatory announcements in the Great Britain ( GB) energy market, see: Great Britain energy market—policy and policy implementation tracker. Closed consultations Consultations are listed by their closing date in chronological order. The most recently closed consultation appears first in the table, which means that, in...
ARCHIVED: This Practice Note has been archived and is not maintained Updated each month, this Energy consultations tracker outlines the current position and latest developments for significant consultations run by government departments, regulators, and other bodies relating to energy law and policy in England and Wales from 1 January 2022. The tracker is organised into the following jurisdiction and sections: England and Wales open consultations closed consultations For details of prior consultation trackers, see: Energy consultations tracker 2021 [ Archived] Energy consultations tracker 2020 [ Archived] Energy consultations tracker 2019 [ Archived] Energy consultations tracker 2018 [ Archived] Energy consultations tracker 2017 [ Archived] Energy consultations tracker 2016 [ Archived] For our schedule showing the anticipated future dates of major...
Energy consultations tracker tool This tracker outlines the current position and latest updates on key consultations led by government departments, regulators and other bodies relating to energy law and policy in England and Wales, from 1 January 2024... Jurisdictions and sections England and Wales open consultations closed consultations Previous consultation trackers Energy consultations tracker 2023 [ Archived] Energy consultations tracker 2022 [ Archived] Energy consultations tracker 2021 [ Archived] Energy consultations tracker 2020 [ Archived] Energy consultations tracker 2019 [ Archived] Energy consultations tracker 2018 [ Archived] Energy consultations tracker 2017 [ Archived] Energy consultations tracker 2016 [ Archived] For our tracker setting out the anticipated future dates of major...
This Practice Note sets out information on schemes overseen or sanctioned by the court that support or encourage parties to resolve disputes through alternative dispute resolution ( ADR), such as mediation. It further lists other ADR organisations that users may find helpful and relevant for their needs. Under the overriding objective in CPR 1, the court holds a range of powers to direct or prompt parties to contemplate ADR as a means of resolving their case when appropriate. For further information on this, refer to Practice Note: Court powers to order or encourage ADR in civil proceedings. To advance that aim, several court-run or court-endorsed ADR schemes exist which parties may, and in some circumstances must, use, including those described here for parties. For additional updates on ADR, see Practice Note: Tracker— ADR...
Timeline of key events Date Event Minutes of the Civil Procedure Rule Committee ( CPRC) meeting of 5 December 2025 The CPRC reviewed part one of the Law Commission’s contempt of court report. It rejected the Commission’s call for a single, overarching code or unified rules. The committee confirmed that contempt provisions for the civil courts should stay in CPR 81, which already functions as a full procedural code. The CPRC favoured, where workable, harmonising contempt rules with those in other courts and tribunals, noting that civil and family jurisdictions are already aligned. That said, it saw a weaker rationale for alignment with the criminal courts and tribunals given differences in drafting style, and so on. The committee judged it premature to revise the contempt rules until the Commission issues part two of its report. It was...
ARCHIVED: This Practice Note is archived, not maintained, and provided solely for background information. Certain links may no longer point to the provisions as they stood on the date this guidance was issued. For details of earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Copies of both update documents, along with additional materials concerning the bill of costs, are available in the recommended documents section. When do the changes come into force? The two Making documents took effect on the following dates: 92nd update: 21 November 2017 93rd update: 22 November 2017 92nd update— Practice Direction 4 (forms) References to the ‘ Mercantile Court’ are replaced with ‘ Circuit Commercial Court’. Under Writs and Warrants, Form PF 93: Application for permission to issue a writ of possession (rule 83.13) is...
Archived : This Practice Note draws on provisions repealed on 1 April 2013 and is retained solely for historical reference purposes. Who determines the guideline hourly rates The Guideline Hourly Rates ( GHR) are at present set by the Master of the Rolls. From January 2013, this function will pass to the Civil Justice Council, and it is anticipated that a CJC sub-committee will be created to take on that responsibility. For information about the change, see the WMS from the MOJ here. Guideline hourly rates Solicitors may charge any hourly rate they choose for their services, but those amounts might not be recovered in full at a costs assessment. When considering the rates charged, the court will examine them alongside the GHR. The Senior Courts Costs Office publishes the Guide to the Summary Assessment of Costs (the Guide), which includes guideline hourly rates for...
ARCHIVED: this archived Practice Note is no longer being updated and is provided solely for background reference purposes only. In addition, some links may not take you directly to the provisions as they stood at the time the guidance in this Practice Note was issued. This year’s annual round-up surveys key developments in 2017 and looks ahead to what 2018 may bring on the horizon. It covers the launch of the new Business and Property Courts ( B& PCs) and the Briggs Report on the civil justice system and the online court, together with the principal CPR and court guide amendments, as well as considering issues arising from the UK’s exit from the EU. Reviewing 2017 Introduction of the Business and Property Courts What happened? The most notable alteration to the court system’s framework was the creation of the Business and Property Courts of England and Wales (...
This tracker tool collates and outlines key new legislation and consultations in England and Wales on circular economy progress tied to product design, ecodesign and ecolabelling. It is organised into: Legislation—highlighting significant forthcoming laws relevant to Environment lawyers in England and Wales that take effect from 1 January 2026 Consultations—setting out the latest status and updates for consultations open from 1 January 2026, or launched earlier but still open as at 1 January 2026, run by government departments, regulators and other bodies on environmental law in England and Wales, plus consultations by those bodies on environmental law in England and Wales that closed from 1 January 2026 For anticipated developments, see Practice Note: Environment—horizon scanner. To follow EU activity in this field, see: EU Environment—key developments tracker and EU ESG and...
ARCHIVED: This Practice Note is archived and no longer updated. This tracker compiles and explains significant new and forthcoming legislation and consultations in England and Wales relating to nature and biodiversity. Retained EU law ( REUL) describes EU-derived rights and measures kept within UK law after the Brexit transition or implementation period ended at 11 pm on 31 December 2020 ( IP completion day). ‘ Assimilated law’ is the term given to REUL that continues in force beyond the end of 2023. Re-labelling REUL as assimilated law signals a change in its standing and treatment under UK law, so it is generally read by reference to ordinary domestic law and principles. From 1 January 2024, REUL is assimilated into domestic law because it is broadly stripped of EU-derived interpretive effects (for example, the supremacy of EU law, directly effective rights, and general...
ARCHIVED: This Practice Note has been archived and is not maintained This tracker tool outlines and condenses significant new and forthcoming laws and consultations across England and Wales relating to environmental taxes, reliefs and incentives. HM Treasury defines an environmental tax as one that satisfies these three principles: it is expressly linked to the government's environmental aims the primary purpose is to encourage environmentally positive behaviour change its structure reflects environmental objectives—for example, the more polluting the activity, the higher the tax imposed The following environmental taxes apply in England and Wales: landfill tax: payable on waste disposals at licensed landfill sites and on certain prescribed landfill activities climate change levy ( CCL): a mandatory charge on UK business energy use, applied at the time of supply as taxable supplies. The climate change agreement ( CCA) scheme allows eligible...
ARCHIVED: This Practice Note is archived and no longer maintained. The tracker highlights and summarises key new and forthcoming legislation and consultations in England and Wales connected to sustainability. The ideas of ‘sustainability’ and ‘sustainable business’ have developed over recent years. Activity is now commonly focused on three strands: environment, social and governance ( ESG). The tracker chiefly concentrates on the environmental limb—covering responsible business, reporting and sustainable development—though some initiatives extend to wider ESG aspects and broader responsible business practices. UK plans and proposals to improve and incentivise sustainable business stem from a range of international agreements and initiatives, including the Paris Agreement, the Task Force on Climate-related Financial Disclosures, the Task Force on Nature-related Financial Disclosures, and the United Nations Sustainable Development Goals. For more on these wider international initiatives, see: ESG and sustainability...
ARCHIVED This Practice Note has been archived and is no longer maintained. This tracker compiles and summarises key recent and forthcoming legislation and consultations in England and Wales connected to contamination, pollution and environmental permitting. In England and Wales, the following regimes relate to contamination, pollution and permitting: the contaminated land regime under Part IIA of the Environmental Protection Act 1990 ( EPA 1990): this addresses contamination of land that is causing, or where there is a significant likelihood of causing, significant harm to human health (including property), living organisms, or interference with ecological systems, or to controlled waters the Environmental Damage ( Prevention and Remediation) ( England) Regulations 2015, SI 2015/810 and the Environmental Damage ( Prevention and Remediation) ( Wales) Regulations 2009, SI 2009/995 ( EDR): these apply to environmental damage, defined as environmental damage to: a...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool collates and outlines key new and forthcoming legislation and consultations in England and Wales concerning environmental disputes, offences and enforcement. Claims rooted in environmental law may arise in nuisance, negligence, or via other forms of civil liability. Judicial review can be pursued to contest the legality of decisions taken, and the acts or omissions of public bodies (or bodies exercising a public function). In addition, the Office for Environmental Protection ( OEP) may commence environmental reviews where it has served a decision notice on a public authority and is satisfied, on the balance of probabilities, that the authority has failed to comply with environmental law, and considers that such non-compliance is serious. A broad spectrum of environmental offences exists, and the relevant regulators—the OEP, the Environment Agency, Natural...
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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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