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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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ARCHIVED: This Practice Note has been archived and is not maintained. The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) permits regulators to address offences through civil sanctions, including environmental enforcement undertakings, rather than commencing a criminal prosecution. The Environment Agency ( EA) and Natural Resources Wales ( NRW) are empowered to impose enforcement undertakings for a range of offences under the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154. An enforcement undertaking is a written commitment to take actions within a defined period: to prevent the offence from continuing or recurring to restore, so far as possible, the position to what it would have been had the offences not occurred to provide a benefit to a third party (which may, where appropriate, include a monetary payment), or to secure an equivalent benefit or improvement to the environment where the harm cannot be...
CASE HUB NOTE—appeals lodged before the General Court in Case T- 53/21, T- 55/21, T- 56/21, T- 58/21, T- 59/21, T- 60/21, T- 61/21, T- 62/21, T- 63/21, T- 64/21 and T- 65/21 ARCHIVED –this archived case hub reflects the position at the date of the decision of 17 September 2019; it is no longer maintained. See further, timeline and related cases. Case facts European Commission merger probe into E. ON’s planned acquisition of RWE’s subsidiary Innogy ( Case M.8870). The Commission raised competition concerns in retail electricity and gas in the Czech Republic, Germany, Hungary and Slovakia. Latest developments On 17 September 2019, the Commission cleared the transaction subject to commitments, including structural remedies. Parties E. ON SE ( E- ON), based in Germany, is an energy group active along the energy chain. After the RWE asset swap, E. ON will focus on...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements commenced on or after that date must be conducted under PA 2023, while those launched under earlier rules — the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011 — must continue to be procured and overseen in accordance with that legislation. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 ( PA 2023). PA 2023 introduces dynamic markets. The concept is not new; dynamic markets replace dynamic purchasing systems ( DPSs), which were included in the Public Contracts Regulations 2015 ( PCR 2015), SI...
This Practice Note explores the duty of full and frank disclosure when making a without notice application for permission to serve proceedings outside England and Wales. It sets out the origins and rationale of the duty, contrasts its scope with other without notice remedies (such as freezing injunctions), and identifies what amounts to ‘material facts’ that must be revealed. It surveys leading authorities from The Hagen (1908) to recent decisions, noting the consequences of breach, the court’s discretion in cases of non-disclosure, and examples of orders being set aside or maintained. It also gives practical guidance on anticipating respondents’ points, dealing with new information that arises after an order is made, and ensuring even-handed presentation of evidence. This Practice Note should be read with Practice Note: Cross-border service—application for permission to serve outside England and Wales. Note: without notice...
The Francis Inquiry In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was launched after concerns about care standards at the Trust and an investigation and report by the now‑abolished Healthcare Commission in March 2009. The worries centred on apparently high mortality among patients admitted as emergencies. Chaired by Robert Francis KC, the Inquiry found that candour is integral to high‑quality healthcare, yet openness, transparency and candour are too often absent. Accordingly, a statutory duty of candour was introduced to deliver a key recommendation of the Inquiry. This duty has also been referred to as Robbie’s Law by the Action against Medical Accidents group, after Robbie Powell, who died in 1990. Statutory framework The regulations were made on 6 November 2014, with many taking effect 21 days later, that is, 27 November 2014, in line with reg 1, with the...
This Practice Note reviews the duties placed on drivers of hackney carriages and private hire vehicles ( PHVs) by Part 12 of the Equality Act 2010 ( Eq A 2010) and section 1 of the Taxis and Private Hire Vehicles ( Disabled Persons) Act 2022 ( TPHV( DP) A 2022). It addresses the obligation to carry assistance dogs and designated wheelchair accessible vehicles ( WAVs). A local licensing authority ( LLA) must follow those elements of the guidance that are statutory, and should have regard to the non-statutory parts. The guidance on ' Access to taxis and private hire vehicles for disabled users' is accessible here. Eq A 2010 (as amended by TPHV( DP) A 2022 with effect from 28 June 2022) places duties on the following to improve access for disabled people to public transport: drivers of hackney carriages and PHVs ...
State immunity in the Netherlands—introduction This Practice Note examines how state immunity operates in relation to arbitration proceedings in the Netherlands. For a wider primer on state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. For Practice Notes covering state immunity across multiple jurisdictions (including England and Wales), consult our subtopic: State immunity and arbitration—overview. State immunity and arbitration—overview States and state-owned enterprises frequently participate in international commercial dealings. Contracts concluded by states—particularly those with overseas private parties—commonly include arbitration agreements. As a result, states are regular participants in international arbitration. Under Dutch law, two categories of state immunity are recognised: State immunity from jurisdiction (jurisdictional immunity) State immunity from enforcement Jurisdictional immunity is a rule that bars a court or tribunal from exercising authority over claims against the state that enjoys the immunity. Enforcement immunity prevents a court or tribunal from...
This guide helps organisations compile key climate data on existing and potential contracting counterparties, and evaluate how other organisations approach decarbonisation, as well as determine whether they possess a......
This Practice Note forms part of the Lexis+® UK Corporate private equity buyout transaction toolkit. Both the private equity investor and the seller should prepare for the conduct of due diligence so the process proceeds efficiently and does not needlessly impede the transaction’s progress. Private equity investor: due diligence preparations Type and extent of due diligence The investor should first determine which strands of due diligence to pursue, guided by the nature of the target business and the deal context (including the outline terms in the heads of terms). Legal Commercial Financial Tax Specialist (for example, actuarial) The scope may need to be narrowed by timing pressures (particularly in a competitive bidding process), or where transactional risk can be mitigated because the investor intends to arrange warranty and indemnity insurance (see Practice Notes: Warranty and indemnity ( W& I) insurance in M& A...
The purpose of due diligence As with an acquisition, risk management will be a prime concern for prospective joint venture ( JV) participants. Each party will look to safeguard its investment and role in the JV and will seek assurances that every other participant can meet its obligations under the arrangement. The conclusions of the due diligence review will influence whether the parties choose to proceed with the proposed JV. Where, for example, a party (the Transferor) is transferring assets and a business to the joint venture company ( JVC), the other party or parties (the Non- Transferring Parties) will want to confirm, among other matters, that: the Transferor holds good title to the assets the assets are in sound working order and their value matches expectations, and the assets are free of security and no third-party consents are required The parties will aim to identify any risk...
Issued in May 2011, this guidance was prepared by The Chartered Governance Institute (previously called ICSA: The Governance Institute) ( CGI) to...
This Practice Note concerns joinder and consolidation provisions pursuant to arbitration under the 2022 Arbitration Rules of the Dubai International Arbitration Centre ( DIAC and the DIAC Rules). Consolidation of arbitrations The 2022 DIAC Rules introduce a framework to address issues involving multiple contracts and the consolidation of claims. The DIAC Rules now allow claims under several contracts to be combined within a single arbitration ( Article 8). A party may lodge a single request for arbitration in respect of multiple claims arising out of, or in connection with, more than one arbitration agreement. The application is filed with the DIAC Arbitration Court before the tribunal is constituted and will be granted only if (1) all parties consent to such consolidation; or (2) the DIAC Arbitration Court is satisfied......
This Practice Note addresses the expedited constitution of the tribunal and emergency arbitration procedures under the 2022 Arbitration Rules of the Dubai International Arbitration Centre ( DIAC and the DIAC Rules). What if I need the arbitrator to be appointed quickly? Expedited formation of the tribunal Under the DIAC Rules ( Article 32), a party can ask DIAC to constitute the tribunal on an expedited basis. No prescribed form is required; the request must be in writing, copied to all other parties, and must set out the specific grounds of exceptional urgency that necessitate an accelerated appointment of the tribunal. Filing an application for expedited formation does not incur any separate filing fee. A party may apply where any of the following apply: the amount in dispute is below Dhs1m (excluding interest and costs) the parties have agreed in writing to use the expedited...
ARCHIVED : This Practice Note has been archived and is not maintained. A longstanding feature of the UK rules on employment income taxation has traditionally, over many years, been to grant certain tax advantages to employees who are UK resident but not UK domiciled, where they are able to organise their employment arrangements in a particular, structured manner. An individual who is both UK resident and UK domiciled for tax purposes is liable to UK tax on all worldwide income under UK domestic law. This holds irrespective of who employs them and where their employment duties are performed. By contrast, a UK-resident but non- UK-domiciled employee who claims the remittance basis for the tax year in question will be taxed on ‘chargeable overseas earnings’ for that year only to the extent those earnings are remitted to the UK. For background details on the meaning of...
The Data ( Use and Access) Act 2025 ( DUAA 2025) obtained Royal Assent on 19 June 2025. It revises elements of the UK General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 ( DPA 2018), and the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426. This Practice Note sets out the compliance consequences for private sector commercial organisations in the UK. DUAA 2025 both clarifies the domestic data protection regime and introduces added flexibility in several areas. If your organisation already follows UK data protection and e Privacy requirements, only limited updates to your compliance procedures should be needed. Which amendments are in force? The table below sets out the implementation timetable: Data subject requests — Yes: clarification of the searches needed for DSAR responses took effect on 19 June 2025 (and is...
DSTBTD Limited (an SME) pursued a Part 26A restructuring plan, with a convening hearing in June 2025 and a sanction hearing in August 2025. The principal points are outlined below (capitalised terms not defined here have the meanings given in the sanction judgment). This Deal Debrief sits within our Restructuring plans toolkit. For a deeper review of key metrics from the RPs filed in 2024 and commentary from leading lights in the restructuring sphere, see News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024. Name of plan company DSTBTD Limited trading as Distributed (the Company). Industry sector Technology and information support services. Place of debtor’s incorporation and jurisdictional factors The Company was incorporated in England and Wales. Legal counsel involved The Company: Mr Andrew Mace of Tanfield Chambers (instructed by Lewis Silkin LLP). Other advisers involved Turnaround adviser: Tony Groom of K2 Business Partners drafted the RP...
The Department for Science, Innovation and Technology ( DSIT) has issued several Codes of Practice covering distinct facets of cybersecurity, designed to provide a structure for meeting cybersecurity duties that are often articulated in broad or imprecise terms under UK law. Each code focuses on a separate area of cybersecurity. This Practice Note outlines each code, describing its purpose, scope, and principal requirements, and highlights related resources such as National Cyber Security Centre ( NCSC) guidance. Cybersecurity obligations under UK law and the relevance of Codes of Practice Cybersecurity requirements in the UK arise under multiple statutes that include safeguarding information systems and data among their objectives. Where personal data is handled, the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the Data Protection Act 2018 are central to governing data security. For more detail, see Practice Note: The UK...
This Practice Note examines alternative ways to resource work, including outsourcing, and links operational efficiency to law firm reward structures, for instance achieving cost control via fixed fees in commercial transactions, and stresses the need to promote value-add services to cultivate mutually beneficial, profitable partnerships with law firms. It does so in practice by pairing efficiency with remuneration structures too. What is innovation? ‘ Innovation’ is often over-used. The term comes from the Latin innovatus, the noun of innovare, meaning to renew or change. In delivering legal services within an in-house setting, four principal strands of innovative practice have appeared: incremental upgrades to service quality alternative resourcing approaches (eg Eversheds Agile, Axiom or Lawyers on Demand) adopting technology re-engineering processes Overcoming barriers to innovation A tougher economic backdrop is intensifying demands for efficiency and effectiveness. Consultancies and technology suppliers are keener than ever to help...
Driving disqualification for any offence When an individual is convicted of any offence in the Crown Court or a magistrates’ court, the court may, either as an alternative to other disposals or in addition to them, bar the person from holding or obtaining a driving licence. It has been determined that exercising this power is appropriate for an offence of affray stemming from a road‑rage incident ( R v Bye and R v Ade Tute Sofejum). Disqualification following conviction of any offence functions both as an additional penalty and a preventive tool available to the court. The court cannot set a period of disqualification on an arbitrary basis......
The Road Traffic Act 1988 ( RTA 1988) sets out several distinct alcohol and drug related offences. The principal ones are: driving with excess alcohol or drugs attempting to drive with excess alcohol or drugs being in charge of a motor vehicle with excess alcohol or drugs driving or attempting to drive while unfit, and being in charge of a motor vehicle while unfit All of these offences are summary-only offences. This Practice Note addresses driving impairment offences arising from excess alcohol consumption. For drug related driving impairment offences, see Practice Note: Driving, or being in charge of, a motor vehicle with concentrations of specified controlled drugs in excess of specified levels. Elements of the offence of driving with excess alcohol The prosecution must prove: the defendant was driving on a road or other public place a motor...
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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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