Featured documents
Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
Most recent Practice notes
Debt instruments—including bonds, medium-term notes and commercial paper—are financial products that evidence indebtedness; see Practice Notes: Key features of the debt capital markets and Types of debt securities. This Practice Note reviews the various forms such securities may adopt and clarifies the meaning and distinctions between: a bearer security versus a registered security, and a security issued in definitive form versus a security issued in global form Its primary emphasis is on the attributes of definitive debt securities. It should be considered alongside Practice Note: Form of debt securities—global securities, which sets out: the features of global debt securities the differences between a temporary global security versus a permanent global security, and the differences between a standard global note structure versus a new global note structure and new safekeeping structure Taken together, these Practice Notes should be consulted for context, comparison and terminology across the structures and forms...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Valuation It typically denotes assessing the works completed—whether by a contractor, subcontractor, or consultant—for which a payment is due, or where a request for payment has been lodged, representing evaluation of what has been undertaken in order to determine the sum to be paid......
Meaning of children, issue and descendants in drafting Wills and trusts Children The meaning of expressions used in Private Client drafting and legislation to denote children can shift with context. This Practice Note explains the sense in which such references commonly arise in Private Client work. As a rule, ‘children’ signifies the immediate legitimate descendants, and excludes grandchildren and more remote descendants. It will at least encompass all children born before the testator’s death ( Goodwyn v Goodwyn (1748) 1 Ves. Sen. 226 (not reported by Lexis Nexis®)). For dispositions made on or after 1 January 1970, illegitimate children are, on the face of it, included; for those made earlier, they are excluded. See the ‘ Illegitimacy’ section below. Subject to context and admissible evidence, the term may extend to other generations (potentially the whole line) of...
This Practice Note explores what is meant by advertising within the regulatory regime governing the advertising and promotion of medicinal products. It reviews which kinds of activity may amount to advertising and therefore fall under the strict rules that regulate the advertising and promotion of medicinal products. Note that this Practice Note cites case law of the Court of Justice of the European Union. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law— Assimilated case law. Advertising within the regulatory framework in the UK and EU Not every item of information referring to a particular medicinal product is promotional or qualifies as advertising, but the boundary is narrow and can be difficult to identify, with potentially serious repercussions for pharmaceutical companies and others involved in communicating information about medicines. For further details on...
This Practice Note considers the pension aspects that arise on transactions (including share sales) within the scope of the City Code on Takeovers and Mergers (the Takeover Code). For pension issues of more general application to share sales, see Pension issues in share sales—an introduction. The Takeover Code The Takeover Code is the commonly used name for the City Code on Takeovers and Mergers. It is issued by the Panel on Takeovers and Mergers (the Panel), the independent supervisory body for corporate transactions under Part 28 of the Companies Act 2006. Purpose of the Takeover Code The Takeover Code establishes an orderly framework for the conduct of takeovers. Its primary aim is to ensure that the shareholders of a target company are treated fairly and equally and are afforded the opportunity to decide on the merits of a takeover offer. The Takeover Code comprises...
While pension scheme incentive exercises enable employers to control and reduce liabilities within defined benefit ( DB) arrangements, they can also pose risks to the interests of beneficiaries. Their legitimacy has been queried by The Pensions Regulator and by scheme trustees. Regulatory framework A code of good practice on incentive exercises (the Code) was produced by the pensions community’s Industry Working Group. Although voluntary, the Code indicates that where advisers are uneasy about conducting an incentive exercise, such concerns ought to be notified to The Pensions Regulator. The Code first appeared in June 2012, was refreshed in February 2016 (with the updated version applying to member offers made thereafter), and was accompanied by a suite of boundary examples. In November 2019, stewardship of the Code was, in effect, transferred to The Pensions Regulator, though it is uncertain whether the Regulator will continue to maintain it. For more...
THIS PRACTICE NOTE APPLIES TO TRUST- BASED DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES What is the balance of powers? Within a trust-based occupational pension scheme, the balance of powers refers to the way in which authority set out in the scheme's trust deed and rules is apportioned and allocated between the trustees and the sponsoring employer. Powers may sit in a number of places: with the sponsoring employer alone with the trustees alone with the sponsoring employer and the trustees acting together with a third party (eg the scheme actuary) In addition, some powers will require agreement or consultation with another party as part of the process. The sponsoring employer usually determines the balance at the outset, when the scheme is set up and the trust deed and rules are drafted. Amendments made while the scheme is running can shift the balance between the trustees and the sponsoring employer. The balance differs from...
FORTHCOMING DEVELOPMENT : Section 10 of the Finance Act 2022 will raise the normal minimum pension age ( NMPA) from 55 to 57 on 6 April 2028 (excluding members of the firefighters, police and armed forces public service pension schemes). The Finance Act 2022 will also permit members of registered pension schemes to access benefits before 57 where, on or before 4 November 2021, they either held an ‘unqualified right’ to take benefits, or were already undertaking a substantive transfer to a scheme that provided an unqualified right to a protected pension age below 57 on or before 4 November 2021. To rely on this 2028 protection, the scheme’s rules must, as at 11 February 2021, have contained an unqualified right to take entitlement to scheme benefits before age 57. For more detail, see Practice Note: Increasing the normal minimum pension age ( NMPA) to...
THIS PRACTICE NOTE APPLIES TO DEFINED BENEFIT ( DB) OCCUPATIONAL PENSION SCHEMES Many employers opt to wind up their company’s DB pension arrangement as part of a wider de‑risking strategy. In other circumstances, an employer’s insolvency may result in the scheme entering wind‑up, activating the relevant provisions set out in the scheme rules. Where the wind‑up is anticipated, trustees and sponsoring employers can streamline the process by preparing early and ensuring they are clear on the essential stages and principal considerations before the wind‑up begins. The principal statutory framework governing the winding‑up of pension schemes is primarily found in: sections 73–76 of the Pensions Act 1995 ( PA 1995) the Occupational Pension Schemes ( Winding Up) Regulations 1996, SI 1996/3126 (the Winding Up Regs 1996) the Occupational Pension Schemes ( Winding up etc) Regulations 2005, SI...
ARCHIVED: This Practice Note outlines the earlier legal framework introduced by the Pension Schemes Act 2015 that allowed the formation of defined ambition arrangements, such as collective defined contribution ( CDC) schemes. It is not kept up to date and is provided for background reference only. For the current legal position on CDC schemes, see Practice Notes: Collective defined contribution ( CDC) schemes—an introduction and Collective defined contribution ( CDC) schemes under the Pension Schemes Act 2021. What is a defined ambition scheme? A central principle of defined ambition is ‘risk sharing’, meaning responsibility for risk is not placed wholly or largely on either the employer or members. A defined ambition pension blends elements typically seen in traditional defined benefit ( DB) schemes with aspects commonly found in traditional defined contribution ( DC) schemes. The Department of Work and Pensions ( DWP), in its 2012...
This Practice Note offers practical guidance on obtaining a duty deferment account in Great Britain and Northern Ireland to delay payment of import duties, excise duties and, where appropriate, import VAT. It explains who can apply, how to seek a guarantee waiver, and which supporting documents must be provided. Introduction Payment of customs duties, excise duties and import VAT on imported goods can be deferred. To achieve this, an importer (or a representative acting for the importer) must apply for a duty deferment account. Once approved, the importer makes a single monthly payment covering customs duties, excise duties and import VAT, removing the need to pay for each individual consignment. Payment is collected by direct debit. Set up the importer’s direct debit via the Customs Declaration Service ( CDS). Importers registered for VAT may account for import VAT on their VAT return instead of paying it...
This Practice Note outlines the duties imposed on quoted companies regarding the creation, implementation and ongoing operation of a deferred share bonus plan. For a fuller overview of deferred share bonus plans, see Practice Note: An introduction to deferred share bonus plans. UK Listing Rules By their very nature, deferred share bonus plans will typically constitute employees’ share schemes under the Companies Act 2006 ( CA 2006), as they are commonly established to promote or enable the holding of shares in the company by or for employees’ benefit. The UK Listing Rules ( UKLR) adopt the CA 2006 definition, which covers any scheme: that encourages or facilitates the holding of shares in, or debentures of, a company by or for the benefit of: the bona fide employees or former employees of the company, any of its...
This Practice Note provides an overview of the Deferred Prosecution Agreement Code of Practice issued by the Serious Fraud Office ( SFO) and Crown Prosecution Service ( CPS), addressing the use and negotiation of deferred prosecution agreements ( DPAs). It is commonly referred to as the . For fuller guidance on what DPAs involve, who might obtain one, the offences for which they are available, and how they are applied in practice, see: Practice Notes: Deferred prosecution agreements DPAs in practice Financial penalties as a term of a DPA What does the mean for prosecutors? The was issued by the SFO and CPS under Schedule 17 Part 1, para 6(1) of the Crime and Courts Act 2013......
Which organisations will be suitable for DPA negotiations The Deferred Prosecution Agreement Code of Practice (the DPA Code) serves as a prosecutorial handbook, steering practitioners through DPA procedures and setting the operational framework for DPAs. Legal advisers should know it well to verify procedural accuracy, safeguard proper footing in negotiations for client organisations, and secure appropriate representation at every step. Familiarity with the Code also supports consistent procedure and proper representation throughout the negotiation lifecycle. See the Practice Notes: Deferred prosecution agreements and DPA Code of Practice. Where the Serious Fraud Office ( SFO) is involved, read the DPA Code alongside the SFO’s Corporate Guidance. Together, these documents explain the expectations organisations must meet for their efforts to qualify as co-operation in the DPA context. Used together, these materials offer a clear, practical roadmap for organisations contemplating DPA engagement with...
From 6 April 2018, the Occupational Pension Schemes ( Employer Debt and Miscellaneous Amendments) Regulations 2018 ( SI 2018/237) revised the Occupational Pension Schemes ( Employer Debt) Regulations ( SI 2005/678) by introducing regulation 6F, adding a further easement to the section 75 debt framework known as the ‘deferred debt arrangement’. The move followed a March 2015 call for evidence and a second consultation on draft regulations launched in April 2017 For more on these consultations and the responses, see: News Analysis: DWP consultation on further potential easements to the employer debt regime ( March 2015) News Analysis: DWP consultation—progress at last on the employer debt front ( April 2017) News Analysis: DWP consultation response on Employer Debt Regs—introducing the deferred debt arrangement ( February 2018) For a precedent establishing a deferred debt arrangement, see Precedent: Deferred Debt...
Asset sale In an asset sale, the purchaser chooses and acquires from the vendor only the assets and liabilities it intends to take on. At times, an asset sale involves disposing of a whole business (that is, all assets comprising, and used within, that undertaking) or a segment of a business, and at other times it is the transfer of a single asset or a bundle of assets......
A local authority ( LA) landlord is a public body, so its decisions are susceptible to public law scrutiny. When an LA issues possession proceedings for a dwelling, it is long settled that a defendant may rely on orthodox judicial review principles as a defence. See Practice Note: Judicial review—what it is and when it can be used. An LA also qualifies as a public authority for the purposes of the Human Rights Act 1998 ( HRA 1998). As a result, possession claims may in turn engage rights under the European Convention on Human Rights ( ECHR), in particular Article 8, the right to respect for one’s home. Private Registered Providers ( PRPs) ( England) and Registered Social Landlords ( RSLs) ( Wales) Social housing landlords outside the LA sector—labelled ‘private registered providers’ ( PRPs) in England and ‘registered social landlords’ ( RSLs) in...
This Practice Note reviews the Pre- Action Protocol governing Professional Negligence claims that is currently in force and now in effect. Note that proceedings issued in the Business and Property Courts on or after 1 October 2015 may fall within, or be amenable to, either the Shorter Trials Scheme or the Flexible Trials Scheme, as appropriate. For more information, see the following Practice Notes: Business and Property Courts—shorter trials scheme Business and Property Courts—flexible trials scheme Scope of this Practice Note This Practice Note explores issues defendants may encounter when defending professional negligence claims whilst remaining compliant with the Pre- Action Protocol for Professional Negligence claims (the ' Protocol'), and addresses practical considerations. Also see: Professional negligence claims—defendant steps—checklist. For guidance for claimants in this respect, see the following: Practice Note: Professional negligence claims—pre-action protocol—claimant issues Professional negligence...
This Practice Note outlines how to defend divorce proceedings when the application was lodged before 6 April 2022. It details the deadlines for submitting an acknowledgement of service and an answer. It also describes the service rules and the obligations around requests for further information, disclosure and inspection. Guidance is included on case management hearings, evidential rules, and the steps leading to the final hearing. The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Cases issued by the court on or after 6 April 2022 are governed by DDSA 2020 and the procedural amendments in the updated Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For more detail, see the Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Disputed divorce, dissolution and separation proceedings (post- DDSA 2020). Matters issued by the court on or...
This Practice Note This Practice Note describes the procedure for defending nullity proceedings where the application was issued before 6 April 2022. It clarifies when an answer must be lodged, who is entitled to file it, and includes practical drafting tips. The rules on service and on applying for medical examinations are covered, as are the requirements for making requests for further information. It also sets out the stages for case management hearings and the conduct of final hearings. Key procedural steps are highlighted for practitioners. On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) came into force. Although DDSA 2020 did not change the substantive law on nullity, it led to consequential procedural updates under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. These affect applications for nullity and nullity of marriage orders issued on or after 6...
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
