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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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Clinical negligence claims involving A& E treatment An introduction to accident and emergency ( A& E) medicine Accident and emergency medicine is widely seen as the NHS’s frontline, where clinicians provide rapid assessment and care for people with severe, life‑threatening illness or injury. This speciality calls for extensive knowledge and practical ability to prevent, diagnose and manage acute, urgent problems across all ages, often complicated by concurrent or pre‑existing conditions. Patients frequently present with minimal background details, relying largely on information gathered from conversation, which makes diagnosis particularly demanding. The central challenge is to deliver swift, appropriate care in those first critical hours. Emergency physicians must possess the expertise to form a working diagnosis, start treatment immediately and, when needed, refer patients to the right specialists. Many develop subspecialist interests that add depth to emergency care, such as paediatric emergencies, acute medical...
What is emergency arbitration? Put simply, urgent relief in arbitration is generally only available once the arbitral tribunal has been formed. This creates a gap beforehand when a party may need swift protection yet struggle to obtain it within the arbitral process, eg where the other side seeks to dissipate assets or shift funds between jurisdictions before the tribunal exists. In those circumstances, parties may feel their only practical route is to seek assistance from a national court (where such relief is available). For guidance on the availability of interim and emergency measures in the courts at key seats of arbitration, see: AA 1996—interim and emergency measures—arbitration— England and Wales—overview. To mitigate this risk, many prominent arbitration rules now permit the nomination of an emergency arbitrator before the arbitral tribunal is constituted. In that event, the parties can apply to a swiftly...
There are five essential steps to improving efficiency: Identify and define the process that requires improvement (see Practice Note: Improving efficiency: Step 1—identify and define the problem) Measure the issue (see Practice Note: Improving efficiency: Step 2—measure the problem) Analyse the information (see Practice Note: Improving efficiency: Step 3—analyse what's causing the problem) Improve the process (see Practice Note: Improving efficiency: Step 4—improve the problem) Control, ie embed the revised process so it becomes business as usual (covered in this Practice Note) Management consultants often label this the ‘ DMAIC framework’. This Practice Note walks you through step 5—embedding the new process to address the problem you identified ( Improving efficiency: Step 1—identify and define the problem), then measured ( Improving efficiency: Step 2—measure the problem), analysed ( Improving efficiency: Step 3—analyse what's causing the problem) and improved ( Improving efficiency: Step 4—improve the problem), continuing the case study...
There are five essential stages for boosting efficiency within a continuous improvement approach: identify the process that requires enhancement measure the issue analyse the data improve the process embed the revised approach until it becomes standard practice Advisers often describe this as the DMAIC framework. This Practice Note gives further guidance on step 5 of the improvement cycle, namely embedding the new process to resolve the problem you have already identified, measured, analysed and improved. As people respond to change in many different ways, this Practice Note looks at the personal emotional impact of change and how you can engage and involve individuals in managing and delivering it. There is crossover with Practice Note: Continuous improvement—law firms—step 5—embed the process—making changes firm-wide, which sets out John Kotter’s method for making change. The distinction is that Kotter’s...
This Practice Note sets out how to embed learning and development ( L& D) within the in-house legal department by aligning it with business strategy, integrating it into everyday activity, and ensuring employees are engaged Positioning L& D in the organisation L& D is too often treated as a standalone function, disconnected from the organisation’s daily operations. To deliver maximum value for money, it must be an integral part of the business. To achieve this, it should: be unmistakably aligned with the business strategy engage employees on an individual basis deliver measurable outcomes For further details on measuring L& D results, see Practice Note: In-house lawyers— Building the business case for learning and development. Aligning L& D with the business strategy To fully integrate L& D, set strategic goals and measures and include them within the firm’s business plan, cascading them to...
Improving efficiency within a continuous improvement approach involves five core stages: identify (define) which process requires improvement measure the problem analyse the information improve the process control, ie embed the new process so it becomes business as usual Consultants commonly refer to this as the DMAIC framework. This Practice Note centres on step 5, ie embedding the updated process to resolve the issue you first identified (see Practice Note: Continuous improvement—law firms—step 1—identify and define the problem), then measured (see Practice Note: Continuous improvement—law firms—step 2—measure the problem), analysed ( Continuous improvement—law firms—step 3—analyse what's causing the problem) and improved (see Practice Note: Continuous improvement—law firms—step 4—improve the process), using the developing case study drawn from a firm’s new client process. John Kotter's eight-stage process There are many approaches to managing organisational change, yet the best known and most frequently cited is John Kotter’s eight-stage model. These eight stages set out a...
This guide helps organisations put their decarbonisation strategy and transition plan into boardroom practice, make climate a routine factor in board choices and corporate governance, and prevent poor actions and......
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures commenced under the earlier regimes must continue to be run and administered in line with those rules: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and therefore form part of assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. ARCHIVED: This Practice Note has been archived and is not...
The Ministry of Justice ( Mo J) guidance for commercial organisations on preventing bribery is centred on six principles. These are not prescriptive; they are intended to be flexible and focused on outcomes. Bribery prevention procedures should be proportionate to the level of risk the organisation faces. Accordingly, the measures adopted to deliver an organisation’s anti-bribery policies ought to be designed to: mitigate identified risks, and prevent deliberate unethical conduct by associated persons Communicating policies and procedures to staff at every level, and providing training on their practical use, is a vital element. This is reinforced by Mo J principle 5 on Communication (including training). This Practice Note outlines ways to train staff and raise awareness of anti-bribery and corruption issues. Top-level commitment A consistent theme in the Mo J guidance is the importance of commitment from the top. Effective leadership in...
This Practice Note explores how to build and embed a knowledge-sharing culture within an in-house legal team. It concentrates on: understanding your organisation’s culture reducing barriers to knowledge-sharing promoting leadership buy-in What is knowledge management? Knowledge management is a discipline concerned with how organisations create and use knowledge, without a single agreed definition. At its core, it is a repeating cycle: capturing, organising and drawing out lessons from work. Research indicates that organisations that excel at managing and sharing knowledge learn more quickly and become more agile and efficient. In short, it is the management of behaviours around knowledge and the extraction of its value. What does good knowledge-sharing look like? Effective knowledge management requires: Knowledge-sharing culture Cultivating a mindset where people use available systems to store information and know to look or ask for what they need. Each team...
CASE HUB ARCHIVED — reflects the position at 1 April 2025 final decision; not maintained. See further, timeline. Case facts Outline Article 101 TFEU investigation into a cartel involving 15 undertakings and one trade association on end-of-life vehicle recycling ( AT.40669). Latest development On 2 April 2025, the Commission issued its infringement decision after 15 car makers and one trade body settled and admitted the cartel. Total fines: €458m. Parties/fines: Stellantis — €74,934,000 (50% leniency) Mitsubishi — €4,150,000 (30% leniency) Ford — €41,462,000 (20% leniency) BMW — €24,587,000 Honda — €5,040,000 Hyundai/ Kia — €11,950,000 Jaguar Land Rover/ Tata — €1,637,000 Mazda — €5,006,000 ( Ford jointly and severally liable ( J& S) for €1,034,000) Renault/ Nissan — €81,461,000 (50% leniency) Opel — €24,530,000 (50% leniency; GM J& S €13,659,000) GM —...
Electronic signature platforms (including Docu Sign and Adobe Sign) have reshaped the way commercial documents are executed. Within banking and finance deals, this evolution matters especially for security documents, guarantees and intercreditor agreements, many of which are completed as deeds and depend on strict adherence to statutory formalities. These services operate by enabling their users to upload documents into a secure, cloud-based workspace, from which signatories are sent links to review and sign remotely. Entry commonly requires two-factor authentication, and signatories agree to the platform processing personal data such as email addresses, telephone numbers and IP addresses. When signing is finalised, the platform issues a certificate that provides a digital audit trail of the execution. It sets out who signed the document, their email address, their IP address, any extra steps (such as two-factor authentication) used to verify the identity of the...
Published in January 2014, this guidance was issued by the Chartered Governance Institute ( CGI). It aims to help companies understand how electronic communications with shareholders are governed and to support their own interpretation of them......
The rules regarding Scottish electronic documents and their execution are contained in: Requirements of Writing ( Scotland) Act 1995 ( RW( S) A 1995) Assimilated Regulation ( EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (as amended by the Electronic Identification and Trust Services for Electronic Transactions ( Amendment etc) ( EU Exit) Regulations 2019) ( UK e IDAS) Land Registration etc ( Scotland) Act 2012 ( LRE( S) A 2012) Electronic Documents ( Scotland) Regulations 2014, SSI 2014/83 Land Registration etc ( Scotland) Act 2012 ( Commencement No 2 and Transitional Provisions) Order 2014, No 41 ( C 4) (2014 Order) Land Register of Scotland ( Automated Registration) etc Regulations 2014, SSI 2014/347 Legal Writings ( Counterparts and Delivery) ( Scotland) Act 2015 ( LW( CD)( S) A...
Electronic disclosure This Practice Note addresses common queries about electronic disclosure, covering what it entails, a solicitor’s duties in respect of it, the practical steps required, how to plan costs, and the consequences of non-compliance. It should be read alongside the Practice Notes: Introduction to electronic disclosure and Disclosure—technical glossary. Electronic disclosure refers to the efficient handling of (typically extensive) stores of electronically stored information ( ESI), whether arising before proceedings or after issue. With ESI now pervasive across businesses and individuals, dispute lawyers must understand electronic disclosure and a legal representative’s responsibilities under CPR PD 31B. For additional guidance, consult the following Practice Notes: Disclosure in multi-track cases Case management—compliance This Practice Note does not address the disclosure scheme in the Business and Property Courts. Electronic disclosure will almost invariably be relevant to matters within that scheme; while the guidance here may assist, the...
This Practice Note explains what electronic disclosure means and outlines the core tasks involved when handling electronic, or e‑disclosure, namely planning, collaboration, identification, preservation, collection, review and disclosure. It also addresses the approach to e‑disclosure at trial. ‘ Electronic disclosure’ concerns the management of substantial volumes of electronically stored information ( ESI), arising in a pre‑action or post‑issue setting. A sound grasp of e‑documents, e‑disclosure and your duties under CPR PD 31B (where applicable) is vital. For guidance on these aspects of disclosure, see the following Practice Notes: Disclosure in multi-track cases Case management—compliance Note: This Practice Note does not address the disclosure scheme operating in the Business and Property Courts. For relevant guidance, see: Disclosure Scheme ( Business & Property Courts)—overview. Principal sources of information Key sources on the process are: CPR 31 Practice Direction 31B concerning electronic...
Read this Practice Note alongside Practice Note: Disclosure under CPR 31—introduction, or the Disclosure Scheme ( Business & Property Courts)—overview, according to the disclosure scheme operating in the court where the claim is being pursued (for further guidance, see: Which disclosure rules apply to my claim—flowchart?). Term Definition Artificial Intelligence ( AI) — a technological means that imitates human thought processes, producing either extractive (summarising) or generative (creating) outcomes. back-up tapes — tapes holding preserved data; termed ‘back-up’ because information is copied to them and kept as a contingency. Also covers any method where data is routinely captured and stored separately for risk management. See also incremental back-ups below. bit and byte — electronic information is measured in bits, indicating storage space. 8 bits = 1 byte. 1 byte approximates to one text character; 1024 bytes = 1...
If any rule within the Companies Acts permits or obliges documents or information to be delivered or provided to a body corporate (in whatever terms this is framed), the sender must observe sections 1144–1148 and Schedule 4 of the Companies Act 2006 ( CA 2006), which set out the company communications provisions. The Companies Acts are described in CA 2006, s 2 and embrace CA 2006 itself, save for CA 2006, ss 1182–1283. For these communication provisions, any mention of a document also covers a summons, notice, order, other legal process, or a register. The company communication provisions yield to any requirements laid down, or any inconsistent provision made, by or under any enactment. Yet a provision is not to be treated as inconsistent with the company communications provisions merely because it expressly permits a document or information to be sent or...
ARCHIVED: This Practice Note is archived and no longer updated. It concerns Directive 2002/21/ EC of the European Parliament and of the Council of 7 March 2002, which set out a common regulatory framework for electronic communications networks and services, as later amended by Directive 2009/140/ EC (the Framework Directive). It forms part of a suite of Practice Notes addressing core elements of the EU regime for electronic communications. Across the EU, a single regulatory scheme governs the provision of electronic communications networks and services in every Member State; at the outset it consisted of five directives (the Framework). The aim of the Framework was to create a harmonised system for regulating these networks and services throughout the EU. In December 2018, Directive ( EU) 2018/1972 establishing the European Electronic Communications Code ( Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and...
This Practice Note outlines the principal provisions of the Electronic Communications Code (the ‘ Code’), introduced by the Digital Economy Act 2017 ( DEA 2017). It describes: the scope of Code rights; how those rights arise, whether by agreement between the parties or imposed by court order; provisions for assignment, sharing and upgrading; and how consideration and compensation are determined in Scotland. The Code The Code is set out in, and governed by, sections 106–119 and Schedule 3A, Part 1 of the Communications Act 2003 ( CA 2003), inserted by DEA 2017, s 4(2) and Sch 1. Commencing on 28 December 2017, it replaced the earlier Electronic Communications Code in Schedule 2 to the Telecommunications Act 1984 ( TA 1984), as amended by CA 2003. The Code confers statutory rights on telecommunication operators to enable the establishment and operation of their networks and is designed to support the roll-out 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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