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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 tool compiles and summarises major new and forthcoming legislation and consultations in England and Wales on circular economy developments covering product design, ecodesign and ecolabelling. It is organised into the following sections: Legislation — highlighting key forthcoming legislation of interest to environment lawyers in England and Wales that is due to come into force from 1 January 2025. Consultations — presenting the current status and latest developments for consultations opened from 1 January 2024, or launched earlier but still open as at 1 January 2025, conducted by government departments, regulators and other bodies on environmental law in England and Wales, together with consultations by government departments, regulators and other bodies on environmental law in England and Wales which closed from 1 January 2025. To follow EU developments in this area, see: EU...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker collates and outlines major new and forthcoming laws and consultations in England and Wales connected to the oversight of chemicals and hazardous substances, including the frameworks for the Registration, Evaluation and Authorisation of Chemicals ( REACH), the Classification, Labelling and Packaging of chemicals ( CLP), Prior Informed Consent ( PIC), pesticides, biocides, persistent organic pollutants ( POPs), ozone depleting substances ( ODS), and fluorinated greenhouse gases ( F-gases). Following Brexit, EU rules on chemicals governance have been kept in Great Britain, with modifications. In Northern Ireland, the EU systems continue to operate through the Northern Ireland Protocol (now the Windsor Framework), except for the POPs regime, which applies UK-wide. The regimes in force are: UK REACH, see Practice Note: UK REACH: Assimilated Regulation ( EC) No...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker compiles and condenses significant recent and forthcoming laws and consultations in England and Wales concerning nature and biodiversity. Retained EU law ( REUL) denotes EU-sourced rights and instruments that UK legislation preserved after the Brexit transition/implementation period ended at 11 pm on 31 December 2020 ( IP completion day). ‘ Assimilated law’ is the label for REUL that continued in force beyond the end of 2023. Re-badging REUL (and related expressions) as assimilated law signals a shift in its domestic status and handling, meaning it is now generally read through ordinary UK legal rules and principles. From 1 January 2024, REUL is treated as assimilated within domestic law because most EU-derived interpretive effects have been removed, including: supremacy of EU law directly effective rights general...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool monitors and condenses key new and forthcoming legislation and consultations in England and Wales connected to environmental taxes, reliefs and incentives. HM Treasury defines an environmental tax as one that meets these three principles: the tax is expressly tied to the government’s environmental objectives the principal aim is to promote behaviour change that benefits the environment the tax is designed around environmental goals—for example, the more polluting the activity, the higher the amount levied The following environmental taxes apply in England and Wales: landfill tax: a charge payable on waste disposed of at licensed landfill sites and on certain specified landfill activities climate change levy ( CCL): a mandatory tax on UK business energy use, applied at the point of supply as taxable supplies. Under the climate change agreement ( CCA) scheme, eligible facilities can receive a...
ARCHIVED: This Practice Note is archived and no longer maintained. The tracker collates and outlines key new and forthcoming legislation and consultations in England and Wales linked to sustainability. The notions of ‘sustainability’ and ‘sustainable business’ have developed in recent years; activity now typically centres on three pillars: environmental, social and governance ( ESG). The tracker is mainly focussed on the environmental strand, covering responsible business, reporting and sustainable development, though some initiatives may reach across wider ESG factors and broader responsible business practices. UK plans and proposals to improve and incentivise sustainable business practices arise from various 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 tool monitors and summarises key new and forthcoming legislation and consultations in England and Wales relating to contamination, pollution and environmental permitting. The following regimes operate in England and Wales for contamination, pollution and permitting: the contaminated land regime under Part IIA of the Environmental Protection Act 1990 ( EPA 1990): this addresses land contamination that is causing, or where there is a significant possibility of causing, significant harm to human health (including property) or to living organisms, as well as interference with ecological systems or impacts on 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 damage to: ...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool captures and summarises significant new and forthcoming legislation and consultations in England and Wales on circular economy developments concerning product design, ecodesign and ecolabelling. The tracker is arranged as follows: Legislation—showing key forthcoming legislation of interest to Environment lawyers in England and Wales that comes into force from 1 January 2024. Consultations—presenting the current status and latest updates on consultations open from 1 January 2024, or launched earlier but still open as at 1 January 2024, conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales, as well as consultations by these bodies which closed from 1 January 2024. To track EU developments in this area, see: EU environment tracker 2024—circular economy and......
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker brings together and summarises key new and upcoming legislation in England and Wales, alongside consultations related to climate action and emissions reduction objectives. Pursuant to the Climate Change Act 2008 ( CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019 SI 2019/1056, the UK is under a statutory duty to reduce greenhouse gas ( GHG) emissions by at least 100% from 1990 levels—reaching net zero—by 2050. Further, the UK has the following interim targets: a 68% reduction in GHG emissions on 1990 levels by 2030—set via its updated Nationally Determined Contribution ( NDC) under the Paris Agreement (although the target does not include emissions from international aviation and shipping) a 78% reduction in GHG emissions on 1990 levels by 2035—set via the UK’s sixth carbon...
ARCHIVED: This Practice Note has been archived and is not maintained This tracker collates and summarises significant new and forthcoming legislation and consultations in England and Wales related to the regulation of chemicals and hazardous substances. It includes the regimes for: Registration, Evaluation and Authorisation of Chemicals ( REACH) Classification, Labelling and Packaging of chemicals ( CLP) Prior Informed Consent ( PIC) Pesticides Biocides Persistent organic pollutants ( POPs) Ozone depleting substances ( ODS) Fluorinated greenhouse gases ( F-gases) Retained EU law ( REUL) refers to EU-derived rights and legislation preserved in UK law after the end of the Brexit transition or implementation period at 11 pm on 31 December 2020 ( IP completion day). From the end of 2023, REUL that continues in effect is described as assimilated law....
E& W Brussels I (recast)—multiple defendants (art 8) [ Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. It examines Article 8 of Regulation ( EU) 1215/2012, Brussels I (recast), and the court’s jurisdiction in cases involving multiple defendants. Courts in an EU Member State have special jurisdiction to hear a claim where a co-defendant is not domiciled in that forum, provided particular conditions are met. This Practice Note analyses those conditions and the ways in which the courts have applied them in practice. In particular, it addresses the interpretation of ‘irreconcilable judgments’ and the role of ‘anchor defendants’. The three other circumstances falling under Article 8 of Regulation ( EU) 1215/2012, Brussels I (recast), are covered in Practice Note: E& W Brussels I (recast)—third parties, counterclaims and rights in rem (art 8) [ Archived]......
This Practice Note explores third party rights in relation to agreements under the Contracts ( Rights of Third Parties) Act 1999 ( C( RTP) A 1999). The Act introduces a statutory exception to the common law rule of privity of contract, enabling contracts within its reach to be enforced by third parties who are intended to benefit from them. This Practice Note does not deal with the Third Parties ( Rights Against Insurers) Act 2010... For the purposes of this Practice Note: A is the promisor and a party to the contract B is the promisee and a party to the contract C is the third party (and therefore not a party to the contract) Not a party but still affected by a contract Where your client is not a party to a contract, whether they may nonetheless be...
This Practice Note examines the enforcement of standard security over heritable property in Scotland. Legal framework The regime governing enforcement of standard securities sits in, and is derived from, Part II of the Conveyancing and Feudal Reform ( Scotland) Act 1970 ( CFR( S) A 1970). The statutory framework originally set out in the CFR( S) A 1970 has been significantly modified for securities over properties used for residential purposes, principally by the following: Mortgage Rights ( Scotland) Act 2001, and Home Owner and Debtor Protection ( Scotland) Act 2010 When considering enforcement of any standard security, the reference point is the security instrument itself and, in particular, the operation and application of the ‘ Standard Conditions’ contained in CFR( S) A 1970, Sch 3. From an enforcement standpoint, normally the key Standard Conditions to note in practice are: Standard Condition 9—which defines the...
This Practice Note outlines how to enforce an order made in private law children proceedings, together with the enforcement options available. It covers search and recovery. It sets out the provisions that relate specifically to enforcing child arrangements orders ( CAOs). It also addresses activity directions and conditions, and the court’s general enforcement powers, including applications for contempt of court. It considers using orders requiring the peremptory return of a child, transfers of residence, and family assistance orders. Search and recovery Where a person is obliged, by an order under section 8 of the Children Act 1989 ( Ch A 1989), to hand a child to another person, and the court that made the order is satisfied that this has not happened, it may issue a search and recovery order, authorising an officer of the court or a constable to take charge of the child and...
Note: the Luxembourg cases referred to below are not all reported by Lexis Nexis®. Luxembourg provides a favourable climate for arbitration and is well regarded for the reliable execution of arbitral awards. The forum is notably mindful of the hierarchy of norms and places marked emphasis on international treaties. Before setting out the bases for declining exequatur, Article 1246 of the New Code of Civil Procedure (the ' NCCP') stipulates that the Court of Appeal may decline enforcement only 'subject to the provisions of international conventions'. Consistent with this, Luxembourg is party to a range of international treaties, agreements and conventions that bolster the effectiveness of enforcing arbitral awards. In particular, the Grand- Duchy is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which operates on a reciprocity basis – namely, it applies solely to awards...
This Practice Note outlines the implications of breaching a forced marriage protection order ( FMPO) and the criminal offence that may arise. It also sets out when a warrant of arrest can be issued and the actions that may follow after an arrest. Forced marriage is a criminal offence, as is breaching an FMPO. It is no longer possible to attach a power of arrest to an FMPO. Breach of a forced marriage protection order A person commits a criminal offence if they: use violence, threats, or any other means of coercion with the aim of causing another person to enter a marriage; and believe, or ought reasonably to believe, that such conduct may lead the other person to marry without free and full consent Where a victim lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to marriage, the offence under ABCPA 2014, s...
This Practice Note This Practice Note outlines the key issues and pragmatic measures when pursuing enforcement involving trusts in family proceedings, covering offshore structures and how offshore trustees may respond to orders made in this jurisdiction. It addresses enforcing a variation of settlement, the effect of exclusive jurisdiction clauses, implementing findings of sham or invalidity, compliance with ‘judicious encouragement’ orders, and trustee submissions. At the outset of any case with trust elements, parties should evaluate whether any financial remedy order will be capable of enforcement, as this can shape the strategy from the drafting of the application onwards. A cost–benefit assessment is essential, especially where offshore trusts or assets are in play. Enforcement problems are less likely where the trust is governed by English law and the trustees and assets are situated in England and Wales. Under the Family Procedure Rules 2010 ( FPR 2010), SI...
This Practice Note This Practice Note outlines the route to enforce an English court judgment abroad where the Brexit transitional provisions govern. It explains when those transitional rules apply and the steps required to secure enforcement. Any enforcement must follow the procedures in Old Part 74 and the old Practice Direction 74A as they stood on 31 December 2020. For fuller guidance on enforcing English court judgments: within the UK, namely Scotland or Northern Ireland, see Practice Note: Cross-border enforcement of English judgments—enforcing in Scotland or Northern Ireland outside the UK where the Brexit transitional provisions do not apply, see Practice Note: Cross-border enforcement—process to enforce English judgments overseas, to be read in light of the post- Brexit enforcement landscape, including the 2019 Hague Judgments Convention For targeted guidance on amendments to the CPR, including Part 74, see Practice Note: Brexit post...
ARCHIVED : This Practice Note is archived and no longer maintained. It is intended for mediations in which the transitional conditions in Article 69 of the Withdrawal Agreement between the UK and the EU were fulfilled on or before IP completion day (ie 31 December 2020, 11 pm), so that the mediation falls within the scope of the Mediation Directive 2008/52/ EC. For additional guidance on those transitional conditions, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived]— Mediation. Where those transitional conditions apply, UK domestic legislation provides for the continued operation of specified parts of the civil procedure rules that would otherwise have been revoked or amended as at 31 December 2020, at 11 pm, including the former Part 78 referred to throughout this Practice Note. For further guidance, see Practice Note: Brexit post...
This Practice Note outlines the range of enforcement routes open to creditors where judgment debts stem from consumer credit dealings, generally speaking. For fuller guidance, please refer to the Dispute Resolution module. For further details on authorisation under the Financial Conduct Authority’s consumer credit regime, see Consumer credit regime—overview. General Where a creditor succeeds in court against a debtor, it is generally anticipated that the debtor will honour the judgment or order secured. Yet losing parties do not invariably comply with what has been ordered. Typically, and in many cases, a judgment creditor expects payment of monies owed, delivery up of goods, or some other species of mandatory or injunctive relief granted by the court. The successful judgment creditor may pursue enforcement to obtain compensation or recover a debt, together with enforcement costs, in full. Accordingly, responsibility rests with the judgment creditor to secure...
UAE Federal Arbitration Law Businesses operating in the UAE frequently choose international arbitration as their preferred route for settling contractual disagreements. On 3 May 2018, the UAE introduced Federal Law No 6 of 2018 on Arbitration, later revised by Federal Decree- Law No 15 of 2023 (the ‘ UAE Federal Arbitration Law’). Taking effect on 16 June 2018, this statute is the first dedicated arbitration law and it abrogates Articles 203–218 of the UAE Civil Procedures Law ( Federal Law No 11 of 1992), which had until then regulated arbitrations with a UAE seat. The UAE Federal Arbitration Law governs all domestic arbitrations seated in the UAE (excluding those seated in the Dubai International Finance Centre ( DIFC) and the Abu Dhabi Global Market ( ADGM), which are exempt-free zones), new arbitrations with a UAE seat unless the parties decide otherwise, and...
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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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