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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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Statutory moratorium Putting an administrative receiver in place does not, in itself, trigger a statutory moratorium. Accordingly, a company’s creditors may either issue or continue any court proceedings against the company. Floating charge On appointment, any floating charge over the company’s assets crystallises immediately. Consequently, the company cannot deal with, dispose of, or manage assets caught by that charge. As a floating charge must extend over the whole or substantially the whole of the company’s assets, the administrative receiver will, in effect, assume and exercise the directors’ executive powers and functions. Employees As a general principle, employees are not instantly affected by the appointment of an administrative receiver. Employment contracts do not end automatically on appointment, and do not terminate by default......
Across the organisation, legal guidance is commonly conveyed in writing, particularly within hybrid, rapid-working settings where written channels serve as the principal means. Weak communication may cause confusion, delays, or even create exposure to legal risk. Crisp, succinct and intentional writing fosters trust and makes it more probable that your guidance will be followed and acted upon accordingly. This Practice Note offers advice on communicating effectively in writing, with hands-on pointers on structure and the most suitable ways to send communications successfully. Choosing the right method of written communication A range of written channels is open to us, such as emails, instant messages, reports, briefing notes, slide decks, spreadsheets, too. Although each of these has a role, the predominant written format used is email. It is simple, it is direct, you can file it, and copy multiple recipients easily. For lawyers, who are task- and...
Gaining insight from seasoned colleagues is among the most effective ways to build skills and advance your career. Mentors can help you interpret complex issues you’re likely to encounter as your career grows, and serving as a mentor develops leadership and people skills. This Practice Note supports all who take part in mentoring, whether mentor or mentee, offering practical and pragmatic pointers for success. At the outset of a mentoring partnership, agree clear, appropriate goals so meetings don’t drift into purely comforting conversations. Objectives can be short or long term, and may adapt over time as the sessions progress. setting long- and short-term goals the four Ps of goal setting identifying (and celebrating) milestones along the way knowing what to do at the end of the mentoring relationship For background guidance on what mentoring is and how it can benefit...
This Practice Note is aimed at law firms. It explains why management information ( MI) is necessary and how it ought to be presented and circulated to secure: a shift in managers’ behaviour better financial outcomes Why do you need management information? Every business needs MI to: monitor performance against budget spot variances from budget as early as possible By its nature, MI concerns matters the recipient can influence. Do not circulate data merely because it is interesting; share it because it can drive improved performance. Many law firms have issued MI for years, yet there is often little proof that this has lifted efficiency or results. It may therefore be prudent to reassess what is being shared and pinpoint enhancements. Before computers, most practices produced minimal MI and partners were simply expected to maximise their billings each year. As most costs were fixed, a...
Leadership can be difficult to pin down precisely, yet most of us recognise when it is done well or badly. This Practice Note considers the core ingredients of effective leadership, including: clarifying what effective leadership entails shaping your brand and sphere of influence adopting a balanced scorecard for personal development cultivating emotional intelligence propelling innovation fostering a diverse, inclusive culture What is effective leadership? The starting point is to grasp what the term leader signifies. Broadly, leadership is described as looking outward, while management is often seen as looking inward. In reality, both demand elements of each, but leadership concentrates on scanning the horizon, anticipating change, and crafting strategies so your organisation is best placed to progress and grow. Management focuses on translating those strategies into concrete actions and working closely with teams to deliver the outcomes...
Delegation sits at the heart of managing and developing your team—many abilities cannot be mastered through theory alone. Colleagues must adapt and put that knowledge to work in the ‘real world’ with your expert support; that is where delegation plays its part. This practice note covers: assessing the task and the person using a skills matrix the phases of delegation building capability through gradual delegation troubleshooting common delegation situations tracking delegated work Considering the task and the person For smaller, everyday assignments you may not need to follow every stage in this practice note; but when you are delegating to grow teams, or wrestling with a particular problem, it is reassuring to check you have addressed everything. First, consider the task’s complexity alongside the individual’s capability—are they suitably matched? Things to consider around the task Things to consider around the...
Most of us talk all day with family, friends, co-workers and clients; you speak without stopping to consider it. In the workplace, conversation is becoming a lost skill, with email and instant messages taking the reins. Yet, many matters could be resolved swiftly with a brief meeting, rather than spending days or weeks looping on email. This Practice Note explores the craft of conversation and shares tips for making discussions more effective and productive. Practical techniques for better conversations Keep an open mind Do you pause to consider who you’re addressing and what you truly know about them? Frequently, you enter a situation blinkered—replaying past encounters with that individual, armed with fixed expectations about how it will unfold, based on earlier outcomes. A more fruitful approach is to meet that person with curiosity and openness—eager to discover any fresh insight they may bring. It can be...
ARCHIVED : This Practice Note is no longer maintained. It addressed the UK’s implementation of EU free movement law before IP completion day, when domestic provisions giving effect to that regime were revoked, subject to specific savings and modifications. For fuller guidance — including the relevant savings and the standing of CJEU case law — see Practice Note: Brexit and the end of EU free movement law in the UK. The Note has been kept in archived form for historical interest, as EU law previously applied in the UK still matters in a few limited scenarios. For earlier versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052 — including the text immediately before revocation — see Legislation.gov.uk. For ongoing developments in EU free movement law across EU Member States, see: Immigration, employment & share incentives ( EU...
ARCHIVED This Practice Note is no longer maintained, as it concerns the application of EU free movement law in the UK before IP completion day, when domestic measures implementing that law were revoked, subject to specified savings and modifications. For more detail, including the relevant savings and the standing of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. It has been preserved in archive for historical interest, since EU law as formerly applied in the UK remains pertinent in a few limited scenarios. For historical texts of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately before revocation, see Legislation.gov.uk. For continuing developments in EU free movement law within EU Member States, see: Immigration, employment & share incentives ( EU Law)—overview. This Practice Note summarises the entry and residence rights of European Economic Area ( EEA)...
ARCHIVED This Practice Note is no longer updated, as it addressed the application of EU free movement law in the UK before IP completion day, when domestic legislation implementing EU free movement was revoked, subject to certain savings and adjustments. For further information, including the relevant savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Note is preserved in archived form for historical interest, since EU law as it previously operated in the UK remains pertinent in some limited circumstances. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, see Legislation.gov.uk. For ongoing developments in EU free movement within EU Member States, see: Immigration, employment & share incentives ( EU Law)—overview. This Practice Note considers the...
ARCHIVED: On 7 June 2021, the Official Journal of the EU published a decision that: (a) introduced new standard contractual clauses ( SCCs) for transfers of personal data subject to the EU GDPR to third countries outside the EEA, available for use from 27 June 2021; and (b) repealed, after a grace period, the earlier international transfer SCCs from 2001, 2004 and 2010. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note relates to the 2004 and/or 2010 SCCs and ceased to be maintained when the new (2021) international SCCs were first published. Purpose of this Practice Note As set out in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) places...
The European Free Trade Association ( EFTA) Founded in 1960 by Denmark, Norway, Portugal, Switzerland, Sweden, the UK and Austria, the European Free Trade Association ( EFTA) is a trading organisation. It was set up as an intergovernmental body to advance free trade and economic integration among its Convention States, thereby offering an alternative to the newly formed European Economic Community ( EEC), which later evolved into the European Community ( EC) and ultimately the European Union ( EU). Finland acceded in 1961, Iceland in 1970, and Liechtenstein in 1991 respectively. By then, Denmark, Portugal and the UK had departed EFTA to enter the EEC. In 1989, EC and EFTA Member States together agreed to negotiate a free trade pact creating ‘a single market’ spanning the EC (now EU) and the EFTA States. The European Economic Area ( EEA) Agreement formally came into effect on 1...
ARCHIVED This Practice Note is not being updated, as it addressed how EU free movement rules operated in the UK before IP completion day. On that date, the domestic measures giving effect to EU free movement were revoked, save for specified savings and adjustments. For more information, including the scope of those savings and the status of CJEU jurisprudence, consult Practice Note: Brexit and the end of EU free movement law in the UK. The Note is kept as an archive for historical reference, since EU law as it formerly applied in the UK still has relevance in some narrowly defined circumstances. For earlier iterations of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately before revocation, see Legislation.gov.uk. For developments in EU free movement law within EU Member States, see: Immigration, employment & share incentives ( EU...
This Practice Note reviews the principal issues and risks that routinely arise on major construction for education providers, spanning higher education, further education, academies and independent schools. See also Practice Note: Building Schools for the Future/ Priority School Building Programme [ Archived]. Typical procurement routes While any conventional procurement route can be used on an education project, three factors usually drive the route selected by education clients for their construction programmes: Nature of client Education clients seldom commission large capital schemes. It is not their core activity and, except for sizeable university estates teams, they rarely possess the in-house expertise to procure major works successfully. They are regarded as inexperienced construction clients. Funding Funding is often capped and time limited. As a result, works are commonly let on a fixed-price contract, typically at a higher cost, to secure the level of...
Legislation and statutory guidance This Practice Note is archived and no longer updated. It preserves a historical snapshot of current awareness, consultations, legislation and developments monitored by the Education tracker in 2016 that are no longer active. For 2017 material, please refer to: Education tracker 2017 [ Archived]. For convenience, the tracker is arranged as follows: Legislation and statutory guidance Bills: passage through parliament Consultations and developments of interest Cases Further and Higher Education Education ( Designated Institutions) ( England) ( No 3) Order 2016, SI 2016/869 — 30 September 2016 What’s changing? Selected higher education providers are designated as eligible to receive support from specified funds. These provisions take effect on 30 September 2016 and are made under section 129 of the Education Reform Act 1988. Read the official version of this...
This Practice Note follows European Data Protection Board ( EDPB) guidance and opinions on the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), as well as Directive 2002/58/ EC (the e Privacy Directive), and any Article 29 Working Party ( WP29) materials under the earlier Directive 95/46/ EC ( Data Protection Directive), which the EU GDPR superseded, that have been endorsed by the EDPB. The EDPB and Article 29 Working Party Created by Article 68 of the EU GDPR, the EDPB succeeded the WP29, an independent advisory body originally set up under the Data Protection Directive. Before being replaced by the EDPB on 25 May 2018—the date the EU GDPR took effect—the WP29 was instrumental in developing and aligning data protection policies and practices across the EU. At its first plenary session, the EDPB formally endorsed a number of...
This tracker has been archived and does not reflect events occurring after 19 November 2025 On 9 December 2022, via Written Statement UIN HCWS425, the chancellor of the exchequer, Jeremy Hunt, introduced a package of proposals for UK financial services, collectively called the Edinburgh Reforms. For top-level detail, see: UK government unveils ‘ Edinburgh Reforms’ package for financial services LNB News 09/12/2022 67; 7 areas to look out for in the Edinburgh Reforms package; and News Analysis: The Mansion House speech 2023—pensions aspects. Also consult Video analysis— The Edinburgh Reforms—in which Brian Mc Donnell, Partner at Mc Donnell Ellis LLP, summarises the principal considerations and their impact on the financial services industry. On 10 July 2023, in his Mansion House speech, Jeremy Hunt set out the government’s intended changes to the financial services sector,...
CASE HUB ARCHIVED This archived case hub records the position as at the judgment dated 5 February 2018; it is no longer maintained. See the timeline, commentary, and related/relevant cases for further details. Case facts Outline Appeal before the General Court against the European Commission’s decision refusing Edeka‑ Handelsgesellschaft Hessenring’s request for a non‑confidential version of the Commission decision and for access to documents concerning the ERID cartel investigation. Outcome On 5 February 2018, the General Court delivered its judgment, dismissing the action in full. The Court found that Edeka had not shown that the table of contents of the Commission’s file was outside a general presumption of confidentiality, nor that an overriding public interest justified disclosure. Parties Applicant: Edeka‑ Handelsgesellschaft Hessenring ( Edeka), a member of the Edeka Cooperative, a German retailer and wholesaler. Defendant: European...
Part 26A restructuring plan deal debrief— ED& F Man Holdings Ltd ED& F Man Holdings Ltd sought approval for a Part 26A restructuring plan, with the convening hearing held in February 2022 and the sanction hearing in March 2022. The headline points are set out below (capitalised terms not otherwise defined take the meanings used in the convening and sanction judgments). This deal debrief sits within our Restructuring plans collection. For in‑depth analysis of key metrics from RPs filed in 2023, together with commentary from leading figures in the restructuring community, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Plan company: ED& F Man Holdings Ltd (the Company) Industry sector: Agricultural products Place of incorporation and jurisdictional factors: England The Company entered into a Deed of Contribution for the benefit of its...
NOTE—to check whether notification thresholds in Ecuador and worldwide are met, see: Where to Notify. 1. Have there been any recent developments regarding the Ecuadorian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Ecuador? During 2023 and 2024, Ecuador’s merger control framework saw notable adjustments. The Superintendency of Economic Competition ( Superintendencia de Competencia Económica or SCE) amended the Guideline for Information Management at the end of 2023 and again in September 2024. These reforms removed the confidentiality restriction that had prevented access to files until a decision was issued. Accordingly, documentation tied to concentration notifications is now open to the public. This shift enables third parties to submit remarks or raise concerns about the transaction under examination. For example, in the deal between Procesadora Nacional de Alimentos Pronaca C. A. and...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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