Featured documents
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
Most recent Practice notes
This Practice Note sets out the Electronic Commerce ( EC Directive) Regulations 2002 ( E- Commerce Regulations 2002), SI 2002/2013 as they apply to UK‑established businesses, and highlights the key definitions, obligations and statutory defences. Background and divergence The position in the UK The E- Commerce Regulations 2002 implemented in the UK Directive 2000/31/ EC ( OJ L 178/1), the EU E- Commerce Directive. Following the close of the Brexit implementation period (being 11 pm on 31 December 2020), the E- Commerce Regulations 2002 became part of the body of EU retained law applicable throughout the UK, as modified by the Electronic Commerce ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/87. From 1 January 2024, retained EU law is ‘assimilated’ into domestic law, by virtue of the fact that it is generally stripped of EU-derived interpretive effects (for example, supremacy of EU law,...
ARCHIVED: This Tracker monitored the progress of introducing the new electronic bill of costs ( Precedent S), which came into effect on 6 April 2018. This Tracker is therefore for historical purposes only What is the ‘in force’ date? The electronic bill of costs took effect on Friday, 6 April 2018 for use on detailed assessment in both the Senior Court Costs Office ( SCCO) and the County Court. Postponement of the introduction of the new bill of costs in 2017 Debate at CPR Committee meetings throughout 2017 resulted in a postponement: May 2017—during the CPR Committee meeting it was noted that take-up of the pilot for the electronic bill had been limited (only three bills in electronic form). Nevertheless, the committee agreed the pilot should be made mandatory for bills submitted to the SCCO and widened to include the County Court, although this would require...
CASE HUB ( NOTE—appeal lodged before the CAT in relation to the CMA’s decision to fine Electro Rent for failure to comply with an interim order issued by the CMA) ARCHIVED –this archived case hub reflects the position at the date of the penalty notice of 12 June 2018; it is no longer maintained. See further, timeline and commentary. Case facts Outline UK merger probe into Electro Rent Corporation’s acquisition of Test Equipment Asset Management and Microlease Inc. The deal features horizontal overlaps across markets for the hire of test and measurement equipment. Latest developments On 15 February 2019, the Competition and Markets Authority ( CMA) released a penalty notice to Electro Rent Corporation ( Electro Rent), dated 12 February 2019, for a second breach of an interim order in the merger investigation. The breach arose from appointing Electro Rent’s Chief Financial Officer as a director of several target...
ESPS ( ESPS) is a trust-based arrangement created by an Electricity Council resolution on 20 January 1983 as an industry-wide pension for employees of the nationalised electricity sector. It remained a single scheme at privatisation on 31 March 1990, after which it was divided into separate sections or ‘ Groups’. The rules are not publicly accessible. For further information on statutory protections for ESPS members following privatisation, see Practice Note: — Protected Persons. Each principal electricity company participating in the ESPS forms its own Group; there are currently 23 Groups. Some Groups have a single participating employer, while others have several. Each Group is actuarially independent, with its assets and liabilities assessed on a standalone basis... Although a common scheme-wide benefit structure applied at the point of privatisation, since then each Group has been able to offer different benefits to its members. The ESPS rules...
Introduction This Practice Note examines planning matters relating to energy storage in England and Wales, including: the nature of development involved in energy storage modifications made to the planning regime for energy storage how, within that regime, energy storage schemes obtain consent in England and Wales the planning considerations relevant to consenting an energy storage scheme For additional insight on the regulatory challenges and opportunities for energy storage projects, see the textbook: Energy Storage: Legal and Regulatory Challenges and Opportunities. What is energy storage? Put simply, energy storage means capturing energy at one moment so it can be used later. It offers multiple advantages, supporting increased deployment of renewables such as solar, wind and tidal—whose generation may not coincide with peak need—and enhancing security of supply by creating a grid more robust to interruptions. How was energy storage dealt with in the planning regime for England and Wales...
What are energy industry codes? Alongside legislation and licence obligations, Great Britain’s ( GB) electricity wholesale and retail markets are underpinned by a range of industry codes that set the rules governing the sector and to which licensees and other participants must comply, maintain involvement, or accede, and, taken together, they determine the terms on which market participants may access the electricity network. Further details and links to these codes appear below for users and stakeholders. For a consolidated overview of principal industry bodies and codes spanning the GB gas and electricity markets, see Practice Note: Industry Bodies and Codes— Electricity and gas market for further reference and guidance. What are Code Administrators and what is their role? Background Each industry code appoints a designated ‘ Code Administrator’, serving as the main point of contact for that code, through which users can find...
Background The number of electric vehicles is expected to rise sharply over the coming years, particularly as the UK plans to prohibit the sale of new petrol and diesel cars by 2035 (see: Government sets out path to zero emission vehicles by 2035). Major investment in the UK’s electric vehicle charging points (‘ EVCP’) network will be needed to support the government’s push towards electric vehicles. It is therefore crucial for developers, charge point operators (‘ CPOs’) and landlords to collaborate and capture the opportunities available in this relatively new market. In the real estate context, situations where EVCP issues may arise include: an existing tenant seeking to install EVCPs within their demise or allocated parking bays, requiring a licence to alter from the landlord (and in some instances, a licence to alter outside the demise where cabling must be installed, see...
CASE HUB ARCHIVED This archived case hub sets out the position as at the date of the judgment of 3 July 2014; it is no longer updated or maintained. For more detail and context, see: timeline, commentary and related/relevant cases. Case facts Outline Electrabel SA lodged an appeal against the General Court’s judgment, which upheld the Commission’s decision of 10 June 2009, as adopted by the Commission, imposing a fine on Electrabel for implementing a Community‑dimension ‘concentration’ contrary to the EU Merger Regulation’s stand‑still obligation. The breach stemmed from acquiring de facto sole control of Compagnie Nationale du Rhône in December 2003 without first securing Commission clearance. This case also highlights the notification and stand‑still duties under the EU Merger Regulation, and the potentially significant financial sanctions that can follow non‑compliance with those mandatory...
This Practice Note summarises the Pre- Action Protocol for Low Value Personal Injury ( Employers’ Liability and Public Liability) Claims (the EL/ PL protocol) from Stage 2 of the process onwards. For guidance on Stage 1, see Practice Note: EL/ PL claims in the portal—a practical guide ( Stage 1). The Portal The Portal, initially launched for road traffic accident ( RTA) claims on 30 April 2010, was extended on 31 July 2013 to include Employers’ Liability ( EL) and Public Liability ( PL) claims. For direction on when the EL/ PL protocol applies, see Practice Note: The Pre- Action Protocol for Low Value Personal Injury ( Employers' Liability and Public Liability) Claims. Stage 2 Medical reports In order to commence Stage 2, the claimant ( C) requires a medical report to proceed. The EL/ PL protocol provides that ‘it is expected that most claimants will obtain a...
Updated in partnership with Patrick Senior of Stephenson Harwood. Where requests under the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391 are set out clearly and without ambiguity, the public authority has 20 working days to provide the information sought. For more on requests, see Practice Notes: Environmental Information Regulations 2004—requesting information, and Environmental Information Regulations 2004—what is environmental information? Where a request is unclear, the EIR 2004 requires the public authority to issue a refusal notice under regulation 12(4)(c) (that the request is formulated in too general a manner) within 20 working days, and at the same time offer advice and assistance to clarify the request so the authority can identify and locate the information requested. Reading objectively When deciding whether a request is unclear or ambiguous, a public authority must adopt an objective approach and take the wording at its face value. A request may be too...
Legislation Since 16 May 2017, environmental impact assessment ( EIA) for town and country planning matters has been regulated by the following instruments: The Town and Country Planning ( Environmental Impact Assessment) Regulations 2017, SI 2017/571 (the English EIA Regulations) in England; and The Town and Country Planning ( Environmental Impact Assessment) ( Wales) Regulations 2017, SI 2017/567 (the Welsh EIA Regulations) in Wales, together referred to as the ‘ EIA Regulations’. These EIA Regulations give effect in English and Welsh law to the amendments introduced by Archived Directive 2014/52/ EU to Archived Directive 2011/92/ EU relating to the assessment of the effects of certain public and private projects on the environment (as they applied immediately before IP completion day (11 pm on 31 December 2020)), insofar as they govern town and country planning matters. For guidance on how Brexit has affected the EIA regime, see...
Introduction When a proposed development calls for an environmental impact assessment ( EIA), that process typically examines how the project may influence protected habitats and species. Alongside this, the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations) create a distinct statutory regime focused on preventing adverse effects on those habitats and species. This Practice Note looks at how the EIA system and the habitats regime intersect and sets out the differences between their respective provisions. See also Practice Notes: Environmental impact assessments—key points Environmental impact assessment—screening and scoping Preparing an environmental statement Procedural requirements for environmental statements and decisions on EIA applications Appropriate assessment/habitats regulations assessment Derogations under the Habitats Regulations Key legislative framework EIA For town and country planning matters, EIA is regulated by: the Town and Country Planning (...
Acting for a seller The Precedent: EHS warranties—asset purchase agreement—seller’s version sets out a pared-back suite of environment, health and safety ( EHS) warranties intended for use when representing a seller. The definitions are broad, and there are no warranties provided relating to contaminated land at all whatsoever......
EHS questionnaire The buyer’s solicitors typically compile a legal due diligence questionnaire ( DDQ) at the preliminary stage or during due diligence. In some deals, responses are uploaded to the seller’s data room. The legal DDQ should invariably cover environment, health and safety ( EHS) matters. Even office-based operations must comply with general EHS laws, including the waste management duty of care, energy management and health and safety obligations. These enquiries can be adapted for the specific transaction or business type and included within the legal DDQ or raised as further enquiries. For more information, see: Environment, Health and Safety ( EHS) due diligence questionnaire ( DDQ)—share purchase Environmental due diligence—share purchase If the transaction involves a manufacturing business, or if additional health and safety information is required, the following can be used as a checklist on health and safety issues: ...
Part 3 of the Children and Families Act 2014 ( CFA 2014) Part 3 of the CFA 2014 sets out the primary statutory framework for children and young people in England who have special educational needs or disabilities ( SEND). It brings in ‘ Education, Health and Care plans’ ( EHC plans), which specify the support that must be delivered to meet identified educational needs. This support can be available to young people up to the age of 25 throughout England. See Practice Note: Special educational needs in England under the Children and Families Act 2014. For the position in Wales, see Practice Note: Special educational needs law in Wales, respectively. Compulsory school age runs until the last Friday in June in the year a young person turns 16. For the purposes of the CFA 2014, anyone above compulsory school age but under 25 is treated as a...
The principal statute governing Education, Health and Care ( EHC) plans is the Children and Families Act 2014 ( CFA 2014). Sections 36–51 of the CFA 2014 cover EHC needs assessments and EHC plans. These provisions are supplemented by: the Special Educational Needs and Disability Code of Practice ( COP), Chapter 9; the Special Educational Needs and Disability Regulations 2014, SI 2014/1530; and case law from 2014 onwards, in which the Upper Tribunal and other courts have interpreted the legislation, the regulations and the COP, and how they interrelate. This Practice Note concentrates on the rules for EHC needs assessments and the format and content of EHC plans. For guidance on who may request an EHC assessment and the factors local authorities ( LAs) must consider when deciding whether an EHC assessment is required, see Practice Note: When must a local...
This table sets out every concluded probe by Egypt’s competition watchdog (the Egyptian Competition Authority—the ECA) into suspected cartels, anti-competitive arrangements and misuse of dominance from 2018 onwards. Note—only matters placed in the public domain appear here. 2023 Investigations under Articles 6–7 of Law No 3 of 2005 School textbooks — companies: unknown; issues: restrictive agreements and cartel; development: ECA issued an infringement decision—25/02/2023. Investigations under Article 8 of Law No 3 of 2005 No Article 8 decisions were issued by the ECA in 2023. 2022 Investigations under Articles 6–7 of Law No 3 of 2005 School uniforms — 1 undertaking (listed here); issue: restrictive agreements—exclusivity; development: ECA issued an infringement decision—20/01/2022. Public procurement — 3 undertakings (listed here); issue: restrictive agreements—bid rigging; development: ECA issued an infringement...
This table outlines every concluded inquiry by the European Free Trade Association ( EFTA) into suspected cartels, anti‑competitive arrangements, and misuse of dominance ( Articles 101/102 TFEU) from 2016 onwards. Note—only those investigations that have been disclosed publicly appear in this table. 2022 Investigations under Article 101 TFEU EFTA issued no decisions under Article 101 in the year 2022. Investigations under Article 102 TFEU EFTA issued no decisions under Article 102 TFEU in the year 2022. 2021 Investigations under Article 101 TFEU EFTA issued no decisions under Article 101 in the year 2021. Investigations under Article 102 TFEU EFTA made no decisions under Article 102 at all......
CASE HUB ARCHIVED This archived hub records the position as at the judgment of 19 September 2013; it is no longer being updated. See also: timeline, commentary and related/relevant cases Case facts Outline EFIM lodged an appeal against the General Court’s judgment that affirmed the Commission decision of 20 May 2009 dismissing EFIM’s complaint regarding purported infringements of Articles 81 EC and 82 EC by Hewlett- Packard, Lexmark, Canon and Epson in the ink cartridges market. The matter examines the Commission’s procedure and scope of discretion in handling competition law complaints, and also reaffirms the substantive evaluation of ‘aftermarkets’ when considering Article 102 TFEU. Parties Appellant: European Federation of Ink and Ink Cartridge Manufacturers ( EFIM) Other Parties: European Commission Lexmark International Technology SA ( Lexmark) Background On 30 March 2000, Pelikan AG ( Pelikan), an ink and ink cartridge manufacturer, lodged a complaint with the Commission alleging an abuse of a...
This Practice Note sets out why boosting the efficiency of legal work is vital for law firms and how this can be done without sacrificing quality. Why is work efficiency becoming so important for lawyers? From 1992 to 2008, the UK economy enjoyed 63 consecutive quarters of growth. In that era, many practices lifted profits year on year simply by raising fees, before needing to seek extra instructions. Most firms experienced increases in billable rates as well as in the amount of work, and profits rose markedly. The global financial crisis in 2009 radically altered the landscape for numerous firms, making conditions far more challenging for practices. As a consequence, efficiency in delivery has moved centre stage for lawyers across firms......
Popular documents
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 ]...
Discover more from LexisNexis
