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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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Jersey, Guernsey and the Isle of Man, along with the Overseas Territories of Bermuda, the Cayman Islands and the British Virgin Islands, have enacted new economic substance laws for companies and other entities operating in their jurisdictions. These rules apply to accounting periods beginning on or after 1 January 2019. Background In 2016, the EU Council pledged co-ordinated action against tax fraud, evasion and avoidance, and approved conclusions setting out the criteria and process for creating the EU list of non-co-operative jurisdictions for tax purposes. Accordingly, the EU Code of Conduct Group ( Business Taxation) ( COCG) was asked by the Council to carry out a review under which jurisdictions, including the Crown Dependencies, were evaluated against three benchmarks: tax transparency fair taxation adherence to anti-base erosion and profit shifting ( BEPS) measures In December 2017, the COCG published a list of...
The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) secured Royal Assent on 26 October 2023. Its provisions will be phased in over a prolonged period so that companies and Companies House can get ready for implementation. Numerous elements will not take effect until detailed secondary legislation and guidance are in place, while others depend on new technical systems and tools before they can be brought online. Full implementation is anticipated by 2027. A significant tranche of measures commenced on 4 March 2024 under The Economic Crime and Corporate Transparency Act 2023 ( Commencement No. 2 and Transitional Provision) Regulations 2024. For details on the roll-out of the new rules and powers, see Practice Note: The Economic Crime and Corporate Transparency Act 2023—tracker. Companies House has also issued an updated implementation plan for ECCTA 2023, setting out key dates for the new...
Legislation tracker This tracker outlines consultation papers, primary and secondary legislation, and guidance linked to the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), which obtained Royal Assent on 26 October 2023. It lists all pertinent primary legislation and statutory instruments associated with ECCTA 2023, including the ECCTA Bill as it moved through parliament. The Protection and Disclosure of Personal Information ( Amendment) Regulations 2025 Status: Draft – not yet in force. This instrument will broaden the circumstances in which individuals may apply to the Companies House registrar to shield personal information that appears on the public register. Once protected, the registrar must not make the relevant details publicly available. The Register of People with Significant Control ( Amendment) Regulations 2025 Date: 18...
In recent years, there has been mounting pressure on the government to introduce further legislation on economic crime to deter criminals from laundering money in the UK. The conflict in Ukraine triggered the Economic Crime ( Transparency and Enforcement) Act 2022 ( EC( TE) A 2022), forming part of the UK government’s response. The government expedited the Bill’s passage through Parliament, with all stages completed in five Parliamentary sitting days. EC( TE) A 2022 is intended to stop the UK property market being used to store, hide or launder criminal proceeds and wealth, to improve transparency over the ultimate owners of properties and assets in the UK, and to make it simpler for enforcement bodies to dispossess owners of unlawfully obtained assets. This is supported by separate provisions that make it easier to designate persons and organisations under sanctions pursuant to the Sanctions and Anti- Money...
The conflict in Ukraine spurred the Economic Crime ( Transparency and Enforcement) Act 2022 ( EC( TE) A 2022), forming part of the UK government’s response. The Bill was hurried through Parliament in March 2022, completing every stage within five Parliamentary sitting days. EC( TE) A 2022 aims to stop the UK property market being used to store, hide or launder criminal proceeds and wealth, and to deliver greater openness about the ultimate owners of property and assets held in the UK. The Act is divided into three principal sections. Part 1 introduces substantive new primary legislation for registering overseas entities. Part 2 adjusts existing proceeds of crime laws relating to unexplained wealth orders. Part 3 amends the Policing and Crime Act 2017 to implement changes to the sanctions framework. EC( TE) A 2022, Pt 1, which brings in the overseas entities regime, will be of...
This Practice Note provides guidance on the obligations imposed on manufacturers, importers and authorised representatives by ecodesign legislation as well as providing details on the statutory right to repair The Ecodesign for Energy- Related Products Regulations 2010, SI 2010/2617 (as amended) (the ‘2010 Regulations’) prescribe the duties of the relevant parties concerning ecodesign across Great Britain. The Ecodesign for Energy- Related Products and Energy Information Regulations 2021, SI 2021/745 set requirements for particular ERPs and ERP categories, operating as an implementing measure for the purposes of the 2010 Regulations. The 2021 Regulations include: definitions identifying which ERPs are within scope, energy performance, resource efficiency and other product-specific ecodesign criteria for regulated ERPs, the information and technical documentation that responsible persons must provide for those ERPs, measurement methodologies and calculations used to determine the relevant data for regulated...
Scope of Note This Practice Note centres on offences, sanctions and enforcement relating to the regulation of ecodesign and energy information in Great Britain, as provided in the Ecodesign for Energy- Related Products Regulations 2010, SI 2010/2617 ( EEPR 2010), the Ecodesign for Energy- Related Products and Energy Information ( Amendment) Regulations 2021, SI 2021/745 ( EEPEIR 2021), and the Energy Information Regulations 2011, SI 2011/1524 ( EIR 2011). It also sets out the enforcement position in Northern Ireland. For more on how the Northern Ireland Protocol ( Windsor Framework) applies to environmental law, see Practice Note: What does the Northern Ireland Protocol ( Windsor Framework) mean for the application of environmental law? This Practice Note forms part of a suite addressing the legal regime for product ecodesign, including: GB Ecodesign of...
CASE HUB ARCHIVED This archived case hub captures the position as at the judgment dated 21 March 2019; it is no longer maintained. For more information, see the timeline and related cases. Case facts Outline Eco- Bat Technologies Ltd appealed to the Court of Justice against the General Court’s ruling that Eco- Bat Technologies’ action challenging the Commission’s decision, as corrected, in Case AT. 40018 on a car battery recycling cartel, had not been filed within the time limit. Outcome On 21 March 2019, the Court of Justice handed down its judgment dismissing the appeal, and affirmed the General Court’s order that Eco- Bat Technologies Limited had lodged its appeal out of time. The Court of Justice held that a modification to the original Commission decision did not ‘reset’ the deadline for bringing a challenge—which Eco Bat Technologies Ltd had...
ARCHIVED: This Practice Note has been archived and is not maintained. What is the ECO? The ECO is an energy efficiency obligation requiring major energy suppliers to deliver improvements in existing domestic properties. It provides support and funding of around £640m each year (at 2017 prices). Working alongside the domestic green deal, it concentrates on installing energy efficiency measures in low income households and areas, as well as homes that are harder to treat. The ECO superseded earlier domestic schemes aimed at cutting carbon and achieving energy savings—the Carbon Emissions Reduction Target and the Community Energy Saving Programme. Relieving fuel poverty and contributing to fuel poverty targets Lowering carbon emissions Reducing the cost of meeting the UK’s renewable energy target by promoting energy efficiency Encouraging innovation within the industry The legislative basis for the ECO comes from Chapter 4 of the Energy Act 2011,...
On 22 September 2022, the government unveiled the Economic Crime and Corporate Transparency Bill (the Bill). On 26 October 2023, the Bill secured Royal Assent and thereby became the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023). Alongside a range of other adjustments to a company’s filing obligations with Companies House, ECCTA 2023 sets out provisions intended to reform several aspects of the regime for a limited partnership ( LP) established in England. For more detailed information on the existing LPs regime, together with links to all related legislation and guidance, see Practice Notes: The nature of a limited partnership and its legal framework and Forming a limited partnership and continuing obligations. It should be noted that, although ECCTA 2023 is now in force, some of its provisions, including those addressing reform of the LP regime, have yet to...
The Economic Crime and Corporate Transparency Act 2023—what Banking & Finance lawyers need to know The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) was granted Royal Assent on 26 October 2023. It introduces wide-ranging reforms and upgrades aimed at corporate openness and the reliability of information maintained by Companies House. Some elements are yet to commence—see Progress on implementation of ECCTA 2023 below. Companies House has issued a series of factsheets explaining the various measures contained in ECCTA 2023. For broader information on legislative roll-out and timings, consult the Economic Crime and Corporate Transparency Act 2023—legislation and consultation tracker. For guidance on identity verification obligations and their practical effects, see Key Identity Verification Requirements Introduced by Companies House. This Practice Note highlights key developments under ECCTA 2023 that Banking & Finance lawyers should...
This Practice Note is aimed at solicitors, including those working in‑house, and law firms regulated by the SRA. It sets out the information‑sharing provisions (statutory protection for breach of confidentiality) introduced by sections 188 and 189 of the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023). The measures enable relevant businesses to share information with each other for the purposes of preventing, investigating and detecting economic crime, and also allow sharing through a third‑party intermediary. For the statutory protection to apply, a number of conditions must be satisfied. Under ECCTA 2023, Schedule 11 defines economic crime and includes: money laundering terrorist financing bribery sanctions evasion tax evasion market abuse fraud Background to the ECCTA 2023 information sharing measures The government recognised that businesses regulated for anti‑money laundering ( AML) purposes wishing to share client...
The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) ECCTA 2023 received Royal Assent on 26 October 2023. Its provisions will be introduced gradually to allow companies and Companies House time to prepare for implementation. Numerous parts will only take effect once detailed secondary legislation and guidance are in place, while others depend on the development of new technical processes and tools before they can operate. Full implementation is anticipated by 2027. The Act’s core aims are to prevent UK corporate structures being exploited for crime and terrorism, to strengthen the UK’s broader response to economic crime, and to support enterprise by improving the efficiency of the UK’s companies registry, including the reliability of its data. Some measures took effect on 26 October 2023 alongside Royal Assent, with further commencements on the following dates: 15 November 2023 26 December 2023 15 January 2024 4 March 2024 5 March 2024 26 April...
Relevance of the takeover code to share acquisitions by an EBT In certain situations, the Takeover Panel ( Panel) may need to be approached where a trustee of an employee benefit trust ( EBT) is purchasing shares in a company. Where the trustee might be deemed to be acting in concert with others when making such purchases, it could trigger an obligation for the trustee to make a comparable offer to all remaining shareholders, in line with the City Code on Takeovers and Mergers ( Code). The Panel can be asked to determine whether, for the purposes of the Code, an EBT trustee will be presumed to be acting in concert. In particular cases, the Code stipulates that the Panel must be consulted in advance of specific share acquisitions by an EBT, as outlined below. The Panel’s principal roles are to publish and enforce the Code, and to...
This Practice Note summarises how the Employment Appeal Tribunal ( EAT) deals with a range of atypical or less commonly arising situations. Appeals relying on inadequacy of employment tribunal's reasons In numerous appeals, all or part of the challenge rests on claims that the employment tribunal’s written reasons are inadequate. A judge or the Registrar of the Employment Appeal Tribunal ( EAT) may: invite the employment tribunal to clarify or add to its written reasons (or to provide written reasons if none have yet been issued) before the appeal is finally determined, and stay the appeal for a period—normally 21 days—pending any response to that invitation If the employment tribunal has omitted an issue in whole or in part, and/or has failed to give any, or adequate, reasons for a decision, the EAT can order the tribunal to answer specific questions, the replies to which may...
This Practice Note forms part of the Lexis+® UK Corporate private equity buyout transaction toolkit. Timing A private equity buyout ( MBO) typically opens with discussions aimed at settling the key commercial principles in outline. In contrast to a routine share or asset acquisition, three groups are at the table: the investor/private equity fund, the seller, and management, who may, in certain cases, have interests in the seller and/or the target. The fundamental points to confirm to determine if a deal can proceed are the price for the business (commonly via a share sale) and the allocation of management equity after completion. Beyond these, a number of early commercial and legal considerations must be addressed at the outset of any prospective transaction. After the principal commercial terms have been agreed in principle, consideration of the main legal issues is underway and a...
What is an early payment facility? An ‘early payment facility’ ( EPF), also called a ‘supplier finance scheme’, is an arrangement put in place by a main contractor and backed by one or more banks, allowing sub-contractors to be paid earlier than the payment terms specified in the sub-contract. This Practice Note focuses on EPF agreements made between a main contractor and a sub-contractor, though the concept can also apply to other suppliers. EPFs form part of the ‘ Supply Chain Finance Scheme’ announced by the government in 2012 to support suppliers by giving them access to cheaper credit and enhancing cash-flow. These schemes are not limited to construction: a range of large organisations—including retailers, telecoms and automotive companies—offer similar options to their suppliers. For further details on government backed measures to promote faster payment, see Practice Note: Encouraging fair payment in the...
Judicial assessment is a type of alternative dispute resolution available to parties during employment tribunal proceedings, intended to steer them towards resolving their disagreement by consent. It is a voluntary, confidential and evaluative exercise conducted at an early point in the case, where an employment judge gives a provisional view on the parties’ respective strengths, weaknesses and litigation risks across their claims, allegations, contentions and any remedies pursued. The purpose of this early appraisal is to help the parties recognise the real issues and what is at stake, and to prompt settlement before positions harden and expenses escalate. It is also anticipated to aid the parties in refining and narrowing the matters requiring determination, producing a shorter, more targeted final hearing. This Practice Note sets out how judicial assessment operates. It draws on the Presidential Guidance on ADR, issued under rule 7 of the...
FORTHCOMING DEVELOPMENT : Section 10 of the Finance Act 2022 is set to raise the normal minimum pension age ( NMPA) from 55 to 57 on 6 April 2028, excluding members of the public service pension schemes for firefighters, police and the armed forces. The Finance Act 2022 will also grant members of registered pension schemes the ability to access their benefits before reaching age 57 if, on or before 4 November 2021, they either held an ‘unqualified right’ to take benefits or were already in the course of a substantive transfer to a scheme offering an unqualified right to a protected pension age below 57 on or before 4 November 2021. To make effective use of this new 2028 protection, the scheme’s rules must, as at 11 February 2021, have included an unqualified right to take the entitlement to scheme benefits before age 57. For...
ARCHIVED: This Practice Note has been archived and is not maintained. The Regulatory Enforcement and Sanctions Act 2008 gives regulators powers to address offences through civil law sanctions, including environmental enforcement undertakings, rather than starting a criminal prosecution. The Environment Agency ( EA) and Natural Resources Wales ( NRW) may impose enforcement undertakings for various relevant environmental offences under the Water Resources Act 1991 ( WRA 1991) and the Salmon and Freshwater Fisheries Act 1975 ( SFFA 1975). An enforcement undertaking is a written commitment to take actions within a set time period: to ensure the offence does not persist or happen again to return matters, as far as reasonably possible, to the position that would have existed had the offences not occurred to confer a benefit on a third party (including, where suitable, a monetary payment), or to secure an equivalent benefit or...
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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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