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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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From 6 April 2025, Part 4, Chapter 1 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) on unfair commercial practices came into force, except for sections 232, 234 and 235 dealing with a consumer’s right of redress... DMCCA 2024 largely revokes and replaces the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277. Many of its unfair commercial practices rules replicate those in CPUTR 2008, with certain wording clarified... The Act also brings in fresh protections to address consultation concerns relating to: fake or misleading reviews drip or hidden pricing For more information, see Practice Notes: Consumer protection from unfair trading under the Digital Markets, Competition and Consumers Act 2024 and The Digital Markets, Competition and Consumers Act 2024—key consumer protection provisions... Around the same time, the Committee of Advertising Practice ( CAP) and the Broadcast...
The Digital Market, Competition and Consumers Act 2024 The Digital Market, Competition and Consumers Act 2024 ( DMCCA 2024) obtained Royal Assent on 24 May 2024. It brings significant reforms to the UK’s consumer protection landscape, repealing and replacing the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277. Replacement rules safeguarding consumers from unfair trading sit in DMCCA 2024, Part 4, Chapter 1. They largely replicate the effect of CPUTR 2008 by prohibiting unfair commercial practices across all sectors where such conduct prevents consumers from making free and properly informed purchasing choices. Except for DMCCA 2024, ss 232–235, these provisions—and the revocation of CPUTR 2008—commence on 6 April 2025. Additional categories of commercial practices are identified as unfair in all circumstances. The existing restriction on omitting material information from an invitation to purchase is broadened. For deeper insight into unfair commercial practices under DMCCA 2024, see News...
There are five key steps to improving efficiency Pinpoint and define the process that requires improvement (see Practice Note: Improving efficiency: Step 1—identify and define the problem) Measure the issue (see Practice Note: Improving efficiency: Step 2—measure the problem) Examine your information (covered in this Practice Note) Improve the process (see Practice Note: Improving efficiency: Step 4—improve the problem) Control, ie embed the new process so it becomes business as usual (see Practice Note: Improving efficiency: Step 5—embedding changes) Many management consultants describe this as the ‘ DMAIC framework’. This Practice Note takes you through Step 3, ie investigating the causes of the problem you identified in Step 1 and measured in Step 2. It builds on the case study used in Practice Notes: Improving efficiency: Step 1—identify and define the problem and Improving efficiency: Step 2—measure the problem, which...
ARCHIVED – this archived case hub sets out the position as at the judgment dated 22 May 2020; it is no longer maintained. See the timeline and related cases for further details. Case facts Outline Appeal from the CAT’s judgment of 14 February 2019, which refused Mastercard’s application asserting and maintaining that Dixon’s and Europcar’s damages claims for the period 22 May 1992 to 20 June 2004 inclusive were time-barred under and pursuant to Rule 31(4) of the CAT Rules 2003 and section 2 of the Limitation Act 1980. Latest developments On 22 May 2020, the Court of Appeal delivered its judgment. It concluded and determined that the CAT erred in: (i) its construction of Rule 31(4) of the CAT’s 2003 Rules, such that claims concerning transactions before 20 June 1997 were prima facie time-barred under Rule 31(4); and (ii) its treatment and...
The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. All proceedings issued by the court on or after 6 April 2022 fall within DDSA 2020 and the revised procedural requirements in the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For further information, see Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Restrictions on a conditional order being made final (post- DDSA 2020). Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre‑ DDSA 2020 regime, whether filed via the digital system or using paper forms. Those applications have not been affected at all by the commencement of DDSA 2020, nor by the associated procedural changes. This document sets out in detail the position for proceedings issued before 6 April 2022....
This Practice Note This Practice Note reviews the principal elements of the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020): the advent of no-fault divorce; for the first time, the option for parties to issue joint applications for divorce, dissolution and separation; and the imposition of a 20-week window between issue of proceedings (when the court issues the application) and the point at which the applicant(s) may seek a conditional order. It also clarifies terminology and outlines the procedural reforms to divorce and dissolution, including service requirements and transitional measures. As a result of DDSA 2020, major procedural amendments were introduced for applications for matrimonial and civil partnership orders. DDSA 2020 does not alter the substantive law on nullity; however, consequential procedural updates under the amended FPR 2010 affect applications for nullity and nullity of marriage orders issued on or after 6 April 2022. These...
Introduction to divorce proceedings issued prior to 6 April 2022 This Practice Note outlines divorce proceedings issued before 6 April 2022. It sets out the single ground for divorce—the irretrievable breakdown of a marriage—and explains that, to satisfy the court, one or more of the five facts in section 1 of the Matrimonial Causes Act 1973 must be established to the court's satisfaction. It also confirms that a divorce petition cannot be presented until one year has passed from the date of marriage. The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and to changes in procedure under the amended Family Procedure Rules 2010, SI 2010/2955. For further information, see Practice Note:...
The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) The DDSA 2020 took effect on 6 April 2022. Proceedings issued by the court on or after that date are governed by DDSA 2020 and by the procedural amendments to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For further information, see the following Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 Commencing and filing an application for a divorce, dissolution or judicial separation order (post- DDSA 2020) Online divorce (post- DDSA 2020) Proceedings issued by the court on or before 5 April 2022 will continue under the pre- DDSA 2020 law, whether submitted via the digital system or using paper forms. These applications are unaffected by the commencement of DDSA 2020 and the resulting procedural changes. This Practice Note addresses the position for...
ARCHIVED: This archived Practice Note outlines developments following the establishment of divorce centres and the shift to centrally issuing proceedings. It identifies the locations of the divorce centres and the dates they commenced operation. It also sets out how this impacts financial remedy applications, Children Act 1989 applications, divorce proceedings, the handling of urgent applications and, where a hearing is required, the venue at which it will be held. For further information about changes to divorce centres and the Civil and Family Service Centre at Stoke on Trent, see Practice Note: The Courts and Tribunals Service Centre and divorce centres. Civil and Family Service Centre at Stoke on Trent The Practice Note describes the current approach to issuing divorce petitions and financial remedy applications across the 11 centralised divorce centres in England and Wales. Do note that, in May 2019, within his View from the...
Divorces based on five years' separation where the proceedings were issued prior to 6 April 2022 The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Any case issued on or after that date is governed by DDSA 2020 and the revised procedures in the Family Procedure Rules 2010 ( SI 2010/2955). For more detail, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Matters lodged with the court on or before 5 April 2022 continue under the pre- DDSA 2020 regime, whether filed online or on paper. These applications are unaffected by the commencement of DDSA 2020 or the associated procedural amendments. This document addresses proceedings begun before 6 April 2022. DDSA 2020 prompted legislative updates, including amendments to FPR 2010, Part 7. To access historic versions of FPR 2010, Part 7 and Practice...
A dividend Companies possess an implied authority to distribute profits to members, except where the articles say otherwise. A dividend is one form of distribution available, and in practice it is the form most frequently used. It is the familiar route by which companies pass profits to their members. That said, a company has no legal duty to declare or satisfy a dividend unless the share rights stipulate such a requirement. Any member’s entitlement to a dividend arises solely from the shares they hold; rights to dividends attach to classes of shares. Such rights, if any, must be set out in the terms attached to the shares. A dividend cannot be declared or paid other than in line with the respective rights of the company’s shareholders. Distinct classes of share commonly carry differing dividend entitlements. Compliance with those rights is a...
For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers further detailed treatment of matters addressed in this Practice Note. This Practice Note examines the contractual architecture for district heating network projects in England and Wales. The topics addressed in this overview include the following: at an appropriately high level, what district heating networks are which core project agreements apply to such district heating network schemes the recurring points that commonly arise when drafting and negotiating those project contracts, and available guidance on both procuring and operating district heating network projects In Scotland, the Heat Networks ( Scotland) Act 2021, together with later secondary legislation, created a distinct...
The priority for distributions in administrative receivership is not clearly laid down in the Insolvency Act 1986 ( IA 1986) or, from 6 April 2017, the Insolvency ( England and Wales) Rules 2016, SI 2016/1024, and instead rests on case law. The typical order of distribution in administrative receivership is outlined below. Realisation of free assets (those not subject to a floating change) These are assets not subject to a floating change. Higher ranking security Realisations in an administrative receivership (excluding proceeds from assets caught by a floating charge) must first be used to satisfy any security that ranks ahead of the charge pursuant to which the administrative receiver was appointed. Costs of preserving and realising the assets The administrative receiver must next meet the costs of preserving and realising the assets, whether incurred by the receiver or, where the company is in liquidation, by the...
Total intestacy A total intestacy arises where none of the deceased’s estate is effectively disposed of because: no Will was made a Will was made but is invalid the Will was revoked the Will includes no disposition of the estate the Will, though valid, is ineffective, for example where the sole beneficiary died before the deceased Intestacy rules applicable on total intestacy If the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 ( AEA 1925) govern: all movable property of an intestate domiciled in England and Wales, wherever that property is located all immovable property situated in England or Wales, regardless of the deceased’s domicile The intestacy provisions apply to the residuary estate not otherwise disposed of, meaning what remains once all debts are settled and any valid legacies carried out. They operate only over...
ARCHIVED: This Practice Note is archived and not maintained. The implementation period that allowed the UK to disengage from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. At that time (described in this Practice Note as ‘ IP completion day’), the UK’s legal framework altered immediately and markedly. This note outlines the consequences for distribution. How does Brexit impact distribution? The appointment of a distributor in the UK is governed principally by the common law of contract and will, in large part, be unaffected after IP completion day. However, where business is conducted across borders with distributors in other jurisdictions, including EU Member States, those distributors may benefit from local rules that provide stronger protections than those under UK law. For further information see: Lexology Panoramic: Distribution and...
A distributed ledger is a database that securely logs financial, physical or digital assets and shares them across a network via fully transparent updates of information. Its earliest form appeared in 2008 as ‘blockchain’. Best known for underpinning Bitcoin and other cryptocurrencies and crypto tokens such as Etherium, blockchain is hailed by supporters as a technology with the potential to revolutionise financial services. At its simplest, it stores records of transactions or other data; at the same time, it can power a broad array of applications that may fundamentally reshape how financial services are delivered. Definition of distributed ledger technology There is no single, universally accepted way to define distributed ledger technology ( DLT). In essence, it denotes a suite of technological solutions that enable cryptographically secured ledgers of electronic transactions to be maintained by a shared, or...
Warranty and indemnity and contingent risk insurance in distressed M& A transactions HWF undertook an in‑depth interview programme with 17 market insurers to produce a paper delivering insight and clear, extensive guidance on how warranty and indemnity ( W& I) and contingent risk insurance are applied in distressed deals, mapping the solutions available and the key requirements to obtain strategic cover. What types of insurance cover are available for distressed transactions? For distressed transactions, three insurance options can be offered: Traditional W& I cover Traditional W& I cover can be used when: the seller and/or management provide warranties under the sale and purchase agreement ( SPA) or a warranty deed ( WD) the sellers give sufficient disclosure on the contents of the warranty suite in the SPA or WD a virtual data room or comparable document repository is available for review buyer due diligence (internal or external) has been completed...
This Practice Note brings together current judicial practice notes and guidance of relevance to Dispute Resolution practitioners, issued for the following courts: Chancery Division Commercial Court King’s Bench Division (excluding the Administrative Court and Planning Court) Business and Property Courts Senior Courts Costs Office Rolls Building It covers notes on electronic working, commencing a claim, hearings and trials, making applications, witness evidence, judgments and orders, and contempt of court. HM Courts and Tribunals Service ( HMCTS) issues a weekly operational summary offering users a weekly view of the service’s operational status. See also the @ HMCTSgovuk X account. For the guides of the individual specialist courts, see Practice Note: Court guides and other guidance. Court guidance on use of AI In 2023, the Courts and Tribunals Judiciary ( CTJ) published Artificial Intelligence ( AI)— Judicial Guidance to assist the...
This Practice Note considers: the regime established by the General Data Protection Regulation ( EU GDPR), Regulation ( EU) 2016/679 the UK iteration of the EU GDPR, retained in domestic law by the European Union ( Withdrawal) Act 2018 the Data Protection Act 2018 ( DPA 2018), which operates in tandem with the UK GDPR This Practice Note directs readers to resources on data protection — encompassing both the UK and EU GDPR regimes, the DPA 2018 and other relevant data protection measures — which may assist dispute resolution practitioners when handling litigation in England and Wales. Note: the UK was formerly bound by EU general data protection obligations, but this position changed at the close of the Brexit implementation period, namely 11 pm UK time on 31 December 2020. Understanding how Brexit affects this area is crucial. For guidance, see...
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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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