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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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Energy projects involve a blend of perceived and actual risks that affect cash flow, availability, performance and profit, and they shape investment choices. These risks arise from environmental, technological, financial, political and commercial factors, depending on the nature of the energy project. To secure a viable, bankable energy project, it is vital to identify, confront and mitigate such risks as far as possible. This Practice Note examines the perceived and real risks confronting energy projects, the allocation of design responsibility under the FIDIC Silver Book 1999 and 2017 editions (an engineering, procurement and construction ( EPC) contract widely used on energy projects), and practical approaches to reducing risk on an energy project. For a fuller introduction to the Silver Book, see Practice Notes: FIDIC contracts—introduction to the Silver Book 1999 and FIDIC...
Disagreements in the energy arena can be highly intricate. Owing to project locations, the parties’ nationalities, and the choice of forum or governing law, many matters are inherently international and raise cross-border considerations. A single dispute may spring from multiple contracts and involve more than two participants. Often, governments or state-owned bodies are involved, adding another layer of difficulty. Given the breadth of this field, this Practice Note concentrates on practical considerations when commencing a claim and does not delve into specific substantive issues for any particular case. For an overview of the key points to consider, see: Starting a claim in an energy dispute—checklist. Energy disputes—examples and hypothetical scenario The types of disagreements that fall within the scope of energy disputes are extensive. Typical illustrations include: a dispute between parties to a joint operating agreement for an oil and gas field...
This Practice Note sets out an overview of how derivatives are applied within the energy markets and considers divergence between EU and UK regulation of energy derivatives. What are energy derivatives? Energy derivatives track the price of an underlying energy commodity, including oil, gas or electricity. They can be traded over the counter ( OTC) or on an exchange (exchange traded derivatives or ETDs). Market participants include: brokers financial institutions investment funds speculators direct energy users Common types of energy derivatives Forwards/futures A forward in the energy sector is an OTC derivative providing for the future delivery of an energy product, with the price fixed on the date the agreement is concluded. A futures contract is broadly comparable but is traded on an exchange rather than negotiated privately with a market counterparty. For further detail on these instruments, see Practice Note: Types of...
Energy Company Obligation ( ECO) replaces Carbon Emissions Reduction Target ( CERT) and Community Energy Saving Programme ( CESP) The Energy Company Obligation ( ECO) began in January 2013, replacing the Carbon Emissions Reduction Target ( CERT) which ran from 1 April 2008 to 31 December 2012, and the Community Energy Saving Programme ( CESP) which operated from 1 October 2009 to 31 December 2012. CERT, which superseded the Energy Efficiency Commitment, required selected gas and electricity suppliers to meet targets for cutting carbon emissions in domestic properties. CESP sought to lower carbon emissions by obliging gas and electricity suppliers and electricity generators to deliver energy‑saving measures to domestic consumers in designated low income areas of Britain. What is the ECO? ECO works alongside the domestic Green Deal to provide support and funding for energy efficiency improvements in existing properties. It focuses on installing energy...
What is the ECO? The Energy Company Obligation ( ECO) is an energy efficiency initiative that obliges major energy suppliers to install efficiency measures across existing domestic premises. It provides support and funding totalling around £1bn each year (at 2022 prices). The scheme concentrates on facilitating the installation of energy-saving measures in low income households and neighbourhoods, as well as in properties that are more difficult to upgrade. ECO succeeded earlier domestic schemes aimed at cutting carbon and improving energy efficiency—the Carbon Emissions Reduction Target and the Community Energy Saving Programme. The ECO pursues four policy aims: to extend delivery of energy efficiency measures to a wider range of households facing rising energy bills the reduction of fuel poverty and progress towards fuel poverty targets to help meet carbon reduction targets within the domestic sector to lower the cost of achieving the UK’s net zero target by...
This Practice Note addresses investment treaty arbitration under the Energy Charter Treaty (‘ ECT’) This Practice Note surveys investment treaty arbitration under the Energy Charter Treaty (‘ ECT’). It outlines, in summary, the ECT’s background, categories of protected investors and qualifying investments, and principal jurisdictional obstacles, such as fulfilling the obligation to seek amicable settlement, limits arising from forum selection, and use of the ECT’s denial of benefits provision. It also examines, in detail, whether ECT tribunals may hear claims by investors from one EU Member State against another (intra‑ EU disputes) under the ECT, a question that has been significant in ECT case law. The Note has been revised to capture pertinent amendments to the ECT adopted by the Energy Charter Conference in December 2024 (the ‘ Modernised ECT’). The Modernised ECT applies provisionally to Contracting Parties from 3 September 2025, unless a...
Although it is no longer possible to set up enduring powers of attorney ( EPA), they will be in operation for a while yet, and the conduct of EPA attorneys continues to be examined......
Since 1 October 2007, no new enduring powers of attorney ( EPA) can be made, yet numerous documents still remain in circulation, either active or ready to be used. Solicitors are, not uncommonly, asked whether a client ought to retain an existing EPA or instead set up a lasting power of attorney ( LPA) afresh. Validity Where an EPA turns up, the initial task is to confirm it was executed properly and is therefore valid. Capacity Perhaps the most significant point is the donor’s capacity at the moment they entered into the EPA, when the document was made......
Agreeing the profile If a role becomes vacant because of a departure, consider whether to recruit with identical, lower, or greater experience. Also assess if a strong unqualified support hire might add more value, freeing qualified staff from tasks the support person can handle. Ensure the package parameters are sensible. Many human resources teams default to a lower-range salary, which can effectively screen out the best people. Bypass a wasted effort stage by matching the package to the profile so you can attract the right candidates. Be clear that the package parameters genuinely reflect the role profile, not a default setting that deters suitable applicants. Ensure this alignment from the outset to avoid needless effort and secure interest from those you truly want. Choosing who will be involved in the selection process Decide what part each of the following should play, and at which...
This Practice Note This Practice Note examines the steps involved in taking a new mortgage over land and property. It proceeds on the basis that the property charged is a registered freehold or leasehold. It is chiefly directed at property practitioners acting for a borrower, a lender, or both, in the context of a simple property acquisition or financing where the lender is a UK-based institutional lender. For introductory material on mortgages and legal charges, see Practice Note: Mortgages and land—an introduction to mortgages and legal charges over land. This Practice Note sets out the principal sections covering the different stages of a typical mortgage transaction. Each section signposts to other Lexis+®UK materials that provide more comprehensive information on the topics addressed in greater depth throughout......
As automation and workflow tools become embedded in lawyers’ daily work, organisations are increasingly recognising the gains they deliver, including: higher productivity greater efficiency and shorter timescales operational efficiency and cost savings improved data and management information enhanced risk visibility and the ability to manage it faster speed to market—eg the capacity to shorten sales cycles New ways of working affect people as well as processes, and securing buy-in from the immediate team and the wider business is essential to project success. This depends on thoroughly analysing current processes to understand how workflows can be refined. Crucially, the business must be ready to embrace innovation—effective change management is vital. For more on change management, see subtopic: Managing change. This Practice Note examines automating contracting and contract lifecycle management, addressing: what contract lifecycle management is; the challenges of contracts and how to tackle them; the advantages of contract management solutions; the benefits of...
Waste—regulatory framework The Waste ( England and Wales) Regulations 2011, SI 2011/988, brought the obligations of the Waste Framework Directive 2008/98/ EC ( WFD) into domestic law in England and Wales. Earlier Directives were implemented through a range of Acts and Regulations, including, among others: Environmental Protection Act 1990, in particular s 34, which addresses the ‘duty of care’ imposed on those responsible for waste Control of Pollution ( Amendment) Act 1989 and the Controlled Waste ( Registration of Carriers and Seizure of Vehicles) Regulations 1991, SI 1991/1624, covering registration arrangements for waste carriers Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154, addressing the permitting of waste disposal and recovery operations and related activities Hazardous Waste ( England and Wales) Regulations 2005, SI 2005/894; Hazardous Waste ( Wales) Regulations 2005, SI 2005/1806 ( W.138); and Hazardous Waste ( England and Wales) ( Amendment)...
UK legislative framework The statutory framework for end-of-life vehicles in England and Wales is set out in: End-of- Life Vehicles Regulations 2003, SI 2003/2635 ( ELVR 2003) End-of- Life Vehicles ( Producer Responsibility) Regulations 2005, SI 2005/263 ( ELVPRR 2005), and Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154 ( EPR 2016) The UK regime seeks to cut the volume of vehicle-derived waste and to boost the re-use, recycling and recovery of ELVs by: restricting hazardous substances in new vehicles promoting vehicle design and manufacture that enable re-use and recycling supporting the incorporation and integration of recycled materials securing collection, treatment, re-use and recovery of ELVs via producer responsibility and the use of authorised treatment facilities ( ATF) setting re-use, recycling and recovery targets for ELVs and their parts Defra has issued guidance on the...
Relevant legislation In England and Wales, end-of-life vehicles are governed by: End-of- Life Vehicles Regulations 2003 ( ELVR 2003), SI 2003/2635 End-of- Life Vehicles ( Producer Responsibility) Regulations 2005 ( ELVPRR 2005), SI 2005/263 Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154 These regulations aim to cut vehicle-derived waste and enhance the re-use, recycling and recovery of ELVs by: restricting hazardous substances in new vehicles promoting vehicle design and manufacture that enables straightforward re-use and recycling encouraging the development and integration of recycled materials ensuring ELVs are collected, treated, re-used and recovered through producer responsibility and authorised treatment facilities ( ATF) setting targets for re-use, recycling and recovery of ELVs and their components The Hazardous Waste ( England and Wales) Regulations 2005 ( HWR 2005), SI 2005/894 and the Waste ( England and Wales)...
Trustees may recover an indemnity from the trust fund in respect of expenses, including: administration costs the costs of proceedings against third parties trust proceedings The need to seek an indemnity commonly arises on final distributions, when trustees could face liabilities arising later. It also frequently comes up when trustees retire. Administration expenses A trustee is entitled to be reimbursed from the trust fund for expenses properly incurred while acting for the trust. Examples include: trustees’ fees investment management fees legal or accounting fees After establishing the extent of any outstanding liabilities for trust expenses, the trustees should set aside a reserve to cover the anticipated amounts. Section 27 of the Trustee Act 1925 ( TA 1925) enables trustees to protect themselves by placing notices for interested persons (beneficiaries and creditors) in an appropriate newspaper or gazette and, where land is concerned, also in a newspaper circulating in the district in which the land is...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For commentary on how the Act will affect residential lettings in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Private residential tenancies The Private Housing ( Tenancies) ( Scotland) Act 2016 ( PH( T)( S) A 2016) introduced a private sector residential tenancy known as the ‘private residential tenancy’ ( PRT), see Practice Note: Private residential tenancies— Scotland. PRTs commenced on 1 December 2017, displacing the former assured and short assured tenancy framework (see ‘ Tenancies created before December 2017’ below). From 1 December 2017, new assured or short assured tenancies can no longer be created. Assured and short assured tenancies that existed before 1 December 2017 continue to be regulated by the Housing ( Scotland) Act 1988 ( H( S) A 1988), including its...
Prepared in association with 4 Pump Court. This Practice Note confirms that a referring party may halt an adjudication already underway, provided the adjudicator has not yet issued their decision. It examines the cost implications of doing so, and considers whether a party that has brought an adjudication to an end can later begin a second one concerning the same dispute. For guidance where an adjudicator resigns (for example, because they consider they lack jurisdiction), see Practice Note: Resignation by the adjudicator... Entitlement to abandon an adjudication In litigation, a claimant who has started a claim needs either the other party’s agreement or a court order to withdraw or abandon it. This is because withdrawal or abandonment (commonly called discontinuance) will generally be accompanied by an order requiring the claimant to pay the defendant’s costs of the proceedings. In...
This Practice Note This Practice Note addresses the particular provisions in sections 446X–446Z of the Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003) ( Part 7, Chapter 3D) that bite where employment-related securities are disposed of for more than their market worth. The measures extend to all forms of employment-related securities, regardless of whether they are restricted, convertible, or obtained under a securities option (see Practice Note: What is an employment-related security?). They rest on the premise that shares or other securities would ordinarily be sold at market value, so any element of consideration above that level must derive from their employment connection. Accordingly, an income tax exposure (and potentially National Insurance contributions ( NICs)) arises on the excess over market value for the relevant employee or director (and the employing company may owe employer’s NICs). This income tax...
Employment-related securities and securities options An employment-related security is, in broad terms, any security—covering shares, certain insurance contract rights, debt, derivatives, warrants, and stakes in investment partnerships and other collective investment schemes—where the chance or right to obtain that security (or an interest in it) arises by virtue of the individual’s employment, or someone else’s employment. Whether securities are employment-related determines the tax treatment on acquisition, on disposal, and throughout ownership. This Practice Note examines how the income tax charging provisions interact with the capital gains tax ( CGT) framework on disposals of employment-related securities. Share options are not categorised as employment-related securities; for tax purposes they are called ‘securities options’, although options are very often granted over employment-related securities. For more on the definition, see Practice Note: What is an employment-related security? The capital gains tax regime When an individual sells or otherwise disposes of an asset for a...
This Practice Note describes: what 'restricted securities' are how restricted securities are taxed The Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003) introduced a new tax regime governing the treatment of ‘restricted securities’. The detailed provisions are contained in ITEPA 2003, Ch 2, Pt 7 and apply to restricted securities acquired on or after 16 April 2003. To fall within the scope of the restricted securities legislation, a security must meet two tests: it must be a ‘security’ and it must be ‘employment-related’. ‘ Security’ is a broad concept, covering a range of instruments including shares, loan stock and units in a collective investment scheme. In contrast, options over securities are not treated as ‘securities’ and are taxed separately under ITEPA 2003, Ch 5, Pt 7. The meaning of...
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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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