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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 guide supports organisations to incentivise suppliers to honour contractual climate duties and advance the organisation’s climate goals. For detailed guidance on......
This Practice Note, prepared with Phil Roberts of Clarke Willmott LLP, summarises the enforcement routes available to someone who has just obtained a County Court judgment for £4,000. For a visual overview, see: County Court judgment creditor—flowchart. What are your options to enforce a County Court judgment for £4,000? charging order—(see the Charging Orders Act 1979 ( COA 1979), CPR 73 and CPR PD 73) transfer the judgment to the High Court and obtain a writ of control ( CPR 83 and the Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007)) warrant of control ( CPR 83, TCEA 2007, the Taking Control of Goods Regulations 2013, SI 2013/1894) attachment of earnings ( CPR 89 and the Attachment of Earnings Act 1971 ( At EA 1971)) third party debt order ( CPR 72) an order to obtain...
Reviewed by Professor Richard Macrory. The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) introduced six civil sanctions, offering regulators an alternative to criminal proceedings for addressing offences. In 2010, these powers were conferred on the Environment Agency ( EA) and Natural England ( NE) for specified environmental offences. The Environmental Civil Sanctions ( England) Order 2010 ( SI 2010/1157) applies in England, and the Environmental Civil Sanctions ( Wales) Order 2010 ( SI 2010/1821) applies in Wales. Schedule 5 in each instrument details which sanctions are available for each offence. The EA started using these powers on 4 January 2011; NE followed on 3 January 2012. From 1 April 2013, Natural Resources Wales ( NRW) has been responsible for enforcing environmental civil sanctions in Wales. In 2015, the scope of civil sanctions was expanded when the EA was...
Who enforces the food safety and hygiene regulations? Under the Food Safety and Hygiene ( England) Regulations 2013 ( FSH( E) R 2013), SI 2013/2996, the type of food business determines who enforces the rules. The Food Standards Agency ( FSA) is responsible for enforcement in approved or conditionally approved slaughterhouses, cutting plants and game‑handling establishments. Food authorities, e.g. local authorities, enforce in approved stand‑alone cold stores, re‑wrapping establishments, and premises producing meat products, minced meat, meat preparations and fishery products. Further product types are listed in the legislation, so FSH( E) R 2013, SI 2013/2996 should always be checked to confirm whether the FSA or a local authority is the correct enforcing body. Regarding principal enforcement measures, FSH( E) R 2013, SI 2013/2996 confers extensive powers on officers authorised by the FSA or by food authorities (local authorities) to enforce what are...
This Practice Note This Practice Note examines how a mortgagee may enforce its security after an event of default in a ship finance deal and, in particular, addresses: the mortgagee’s entitlement to take possession of the vessel private disposal of the vessel by the mortgagee arrest of the vessel and sale by the court (a judicial sale) maritime and possessory liens Where the vessel’s owner commits an event of default, amounts secured by the ship mortgage will typically become immediately due and payable. If those sums are not remitted, the mortgagee can enforce the security, seek to sell the ship, and recover the outstanding indebtedness. For the mortgagee to secure the highest level of protection in the UK, the ship mortgage ought to be registered against the vessel at the UK Ship Registry and, where the mortgagor is a body corporate under the Companies Act 2006 ( CA 2006), it should also be...
Summary A secured creditor enjoys a range of remedies through which it can realise value from its security. Even so, it remains prudent for any such creditor to work through a series of checks before exercising those powers. The secured creditor will, unsurprisingly, be driven by the goal of maximising the prospect of being repaid in full, and will want to be sure that taking enforcement action is the most appropriate means of achieving that aim. Where a decision to proceed is reached, the security holder must then determine which enforcement route offers the most effective and efficient way to meet the overall objective. This Practice Note sets out the main issues that a secured creditor should examine before deciding to enforce its security. is there a workable alternative to enforcement, eg a consensual restructuring of the debt or a voluntary programme of...
Summary The character of the asset subject to security usually determines how value is realised for the security holder upon enforcement. For goods and chattels, a broadly comparable range of remedies is available to those used where security is taken over land—see Practice Note: Enforcement—security over land. There are, however, two significant exceptions to this general position. First, foreclosure cannot be used where goods or chattels are subject to a charge or pledge. Secondly, if security over goods or chattels is documented and granted by an individual, it may constitute a bill of sale, and statutory limits will apply to the exercise of the security holder’s remedies. These restrictions are set out in the Bills of Sale Act 1878 ( BSA 1878) and the Bills of Sale Act (1878) Amendment Act 1882 ( BSA(1878) AA 1882). Although, in legal terms, the remedies may...
‘ How to’ guide This ‘ How to’ guide explains the routes for enforcing compensation or costs ordered by an employment tribunal, or an Acas‑conciliated settlement agreement ( COT3). More extensive, general guidance on enforcement can be found in Practice Note: Enforcement of employment tribunal awards and Acas COT3 settlements. The principal avenues an individual may use to pursue and enforce an unpaid tribunal award, or a sum due under an Acas‑conciliated ( COT3) settlement, are to: apply pressure on the employer by registering the unpaid amount with the government’s penalty scheme file a copy of the judgment in the County Court and use that court’s standard enforcement processes use the Acas and employment tribunal fast‑track enforcement procedure Where an award registered with the government’s penalty scheme remains unpaid, the employer can also be ‘named and shamed’, with the worker’s...
Practitioners should be aware that, on 31 July 2025, the Law Commission signalled a review of the product liability framework set by the Consumer Protection Act 1987 ( CPA 1987). The exercise seeks to evaluate whether the existing regime still functions effectively in addressing harm caused by defective products, particularly in the context of technological advances over the last four decades. It will also scrutinise how well it manages risks linked to emerging digital technologies and explore possible reforms so it continues to safeguard consumers whilst fostering innovation and industry. For more details, refer to: LNB News 01/08/2025 53 Powers exercised by the Secretary of State/enforcement authorities under the Consumer Protection Act 1987 Prohibition notices Under CPA 1987, s 13(1)(a), the Secretary of State may serve a notice on any person forbidding them to supply, offer to supply, expose for supply, or possess for supply, any...
ESOS is an energy assessment and energy savings scheme. It is compulsory for organisations that satisfy the qualification thresholds, namely large undertakings and their corporate groups. The scheme stems from the Energy Efficiency Directive 2012/27/ EU, art 8(4)–(6), which obliges EU Member States to ensure enterprises that are not small and medium-sized enterprises ( SMEs) undergo an energy audit at least every four years. For further details, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. The obligations in art 8(4)–(6) were given effect in the UK through the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643 (the ESOS Regulations). The ESOS Regulations were made on 24 June 2014 and took effect on 17 July 2014. The Energy Act 2023 has provided powers to introduce necessary amendments to ESOS post- Brexit, and the Energy Savings Opportunity Scheme ( Amendment)...
This Practice Note outlines several principal aspects of UK energy retail market reform from 2017 onwards, offering concise context and background. What is the retail energy market? The UK retail energy market serves as the primary point of contact between users of energy and the wider energy system. It encompasses the provision of electricity by licensed suppliers to final customers—both domestic (for example, households) and non-domestic (for example, businesses). It is separate from the electricity wholesale market, which concerns the sale and purchase of power between generators and suppliers. For further detail on the wholesale framework, see Practice Note: The Great Britain electricity market—an introduction. Why is retail market reform needed? Since 2017, the Gas and Electricity Markets Authority, operating through the Office of Gas and Electricity Markets ( Ofgem—see Practice Note: Ofgem), together with the UK government (initially via the Department for Business, Energy and...
This Practice Note examines when the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996) is engaged on UK energy projects and highlights practical issues that can arise. It should be read together with Practice Note: What is a construction contract under the HGCRA 1996? The HGCRA 1996 applies to all construction contracts, as defined in the Act, across the following jurisdictions: England Wales Scotland When drafting a contract, parties should assess whether the on-site works fall within the scope of the HGCRA 1996 and, if so, ensure the terms are compliant. This discussion frequently surfaces on energy schemes where some or all elements of the works may sit within the statutory exclusions... Does the HGCRA 1996 apply to energy projects? For the HGCRA 1996 to apply, the agreement must meet the definition of a ‘construction contract’ in section 104—being a...
Background An energy asset’s output, together with the project’s capacity to achieve the contracted power generation and income, will generally ultimately set the level of investment that a funder is prepared to commit. For employers and funders alike, it is essential that the construction contract embeds suitable testing, take-over and defects processes, so that the project yields optimum power and revenue, and any shortcomings affecting those outcomes are detected and addressed at the earliest possible stage of the delivery period. This Practice Note examines why testing protocols and defect remedies within the FIDIC Silver Book, and other widely adopted energy sector contracts, matter, and highlights the practical issues that must be weighed when structuring and executing energy projects successfully. For fuller overviews of the FIDIC Silver Book, refer to Practice Notes: FIDIC...
STOP PRESS : The Energy Performance of Buildings ( Scotland) Regulations 2025, SSI 2025/417 ( EPC Regs 2025) repeal and supersede the Energy Performance of Buildings ( Scotland) Regulations 2008, SSI 2008/309 ( EPC Regs 2008), refreshing Scotland’s energy performance regime for all buildings. Regulations 11 and 12 of the EPC Regs 2025 take effect from 1 January 2026 to permit the approval of organisations and accreditation schemes, with the remainder commencing on 31 October 2026. Under the EPC Regs 2025, owners of non-domestic properties must supply valid Energy Performance Certificates ( EPCs) and Property Reports on sale or lease, and include EPC ratings in advertisements. Developers are required to provide EPCs and reports to owners within seven days of completion, and EPCs must be exhibited in qualifying public buildings. A new national energy performance register, revised assessment methods and local authority...
From 1 January 2024, this Energy legislation tracker highlights key forthcoming legislation for Energy lawyers. Entries are listed in reverse chronological order. Wales-only measures ( Wales Statutory Instruments— Wales SI) are flagged on the tracker. For earlier trackers, see: Energy legislation tracker 2023 [ Archived] Energy legislation tracker 2022 Energy legislation tracker 2021 [ Archived] Energy legislation tracker 2020 [ Archived] Energy legislation tracker 2019 [ Archived] Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy legislation tracker 2016 [ Archived] England and Wales Renewables Obligation ( Amendment) ( Energy Intensive Industries) Order 2024, SI 2024/ Draft — Date TBA. Draft Order amending the Renewables Obligation Order 2015, SI 2015/1947, to allow the Secretary of State to revise the renewables obligation level announced on 27 September 2023 for...
This Energy consultations tracker sets out the latest status and updates on key consultations led by government departments, regulators and other organisations concerning energy law and policy in England and Wales, from 1 January 2025. The tracker is organised into the following jurisdictions and sections: England and Wales open consultations closed consultations For information on earlier consultation trackers, see: Energy consultations tracker 2024 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 [...
Mandatory energy labelling in the UK In Great Britain ( GB) and Northern Ireland ( NI), compulsory energy labelling is overseen by: Energy Information Regulations 2011 ( EIR 2011), Energy Information ( Amendment) Regulations 2018 (as applicable in GB), and Assimilated Regulation ( EU) 2017/1369 (2017 Regulation) The framework operates differently in GB compared with NI. The regime is applied in distinct ways in each jurisdiction. For guidance on energy labelling within the GB ecodesign context, see these Practice Notes as follows: GB Ecodesign of products—manufacturers, importers and authorised representatives GB Ecodesign of products—offences, sanctions and enforcement GB Ecodesign of products—product-specific requirements GB Ecodesign of products—responsibilities of suppliers and dealers Scope of the Regulations EIR 2011 apply to energy-related products that: affect energy consumption during use, and are first placed on the market or put into service EIR 2011 do not cover second-hand products, unless brought into GB from a third country, nor any means of...
Energy from waste Energy from waste describes usable power created by treating or processing waste materials through a range of technologies. Recyclables should be extracted first, with energy then recovered from the remaining refuse before treatment. Incineration — in which the remaining waste is combusted and the captured energy used as electricity or heat. Pyrolysis and gasification — heat the feed with minimal or no oxygen to yield a gas either for power generation, or subsequently as a feedstock to make methane, chemicals, biofuels or hydrogen. Anaerobic digestion — microorganisms break down waste into methane-rich biogas that can be burned to produce electricity and heat, or upgraded to bio-methane. Best for wet organic or food wastes. A further output is biofertiliser. Landfill gas — by capturing the landfill gas produced at landfill sites as waste...
All waste sites, including energy-from-waste ( Ef W) and waste-to-energy ( Wt E) incinerators, are overseen to prevent or reduce risks to health or the environment. A comprehensive framework of regulations sets out how and where Ef W plants may operate in the UK. Who is responsible for regulating Ef W? Local authorities manage most small incinerators processing under one tonne of waste per hour. In England, the Environment Agency ( EA) regulates all plants burning hazardous waste, and other incinerators treating non-hazardous waste at rates above one tonne per hour. The EA also regulates Ef W facilities combusting municipal waste to keep emissions as low as possible, protecting the environment and human health. In Scotland and Wales, these roles are performed by the Scottish Environment Protection Agency ( SEPA) and Natural Resources Wales ( NRW), which are outside the scope of this Practice Note. For...
Brexit impact From 31 January 2020 (exit day), the UK left the EU as a Member State but moved into an implementation phase, during which the EU continued to treat the UK as if it were still a Member State for many purposes. At 11 pm ( GMT) on 31 December 2020, that Brexit transition/implementation period, established after the UK’s departure from the EU, came to a close. At this moment—known in UK legislation as ‘ IP completion day’—core transitional measures ended and changes started to apply across the UK’s legal framework. From that date, changes began to take effect across the UK’s legal regime. Any alterations pertinent to this content are outlined below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new category of domestic UK law—retained EU law (...
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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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