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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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This Practice Note This Practice Note, relevant to both share purchase and asset purchase deals, sets out: the distinctions between a physical data room (a dedicated location containing hard copy materials) ( PDR) and a virtual data room (an online repository to which documents are uploaded) ( VDR), together with the considerations in deciding which option to adopt a synopsis of the key organisational matters for the seller and the seller’s team of advisers when creating a data room, including how to determine what to include and how best to structure the data room the documentation to be prepared by the seller/seller’s advisers and executed by those given access to the data room (namely a confidentiality agreement and data room rules) Although procedures will differ depending on whether a PDR or a VDR is used, the underlying purpose for...
Under the UK GDPR, some organisations must designate a person to serve as their data protection officer ( DPO). This Practice Note explains when a DPO must be appointed to meet UK GDPR requirements and weighs the advantages and disadvantages of a voluntary appointment. It also examines who ought to be the organisation’s DPO, the DPO’s functions, and potential conflicts of interest. It should be read alongside: DPO appointment decision tree. For further detail on governance and accountability under the UK GDPR, see Practice Note: The UK General Data Protection Regulation ( UK GDPR)— Accountability and governance. It is grounded in the UK GDPR, guidance from the Information Commissioner’s Office ( ICO) and DPO guidelines released by the Article 29 Data Protection Working Party and later endorsed by the European Data Protection Board ( EDPB) ( EDPB guidance on DPOs). Although the EDPB...
This Practice Note This Practice Note offers hands-on advice on how the UK film and photography sectors have evolved to meet data protection requirements, grounded chiefly in the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), and the Data Protection Act 2018. It further provides targeted guidance on the Information Commissioner’s Office’s ( ICO) Data protection and journalism code (the Code), as well as how data protection rules affect release agreements. This Practice Note presumes a basic understanding of UK data protection law. For an introduction to the overarching principles, see the following Practice Notes: Introduction to the EU GDPR and UK GDPR The Data Protection Act 2018 and the UK GDPR The UK media and creative industries, which generate and publish visual material depicting people, have confronted awkward choices in interpreting data protection...
This Practice Note provides an overview of the UK’s Data Protection Act 2018 ( DPA 2018). For a broader primer on data protection law in the UK, see Practice Note: Data protection law—new starter guide. The UK data protection law collection brings together wider guidance and is a suggested first port of call for research. In brief In summary, the DPA 2018 currently governs: the processing of personal data within the UK GDPR framework, complementing the core rules laid down in the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), with extra measures covering: lawful basis for processing processing on the basis of relevant international law processing special categories of personal data and criminal offence data ...
This timeline outlines principal relevant dates and details linked to the creation, commencement and revision of the Data Protection Act 2018 ( DPA 2018). For DPA 2018 guidance, consult Practice Note: The Data Protection Act 2018, and for a broad and comprehensive primer on UK data protection law, drawing together key practical guidance and materials, see: UK data protection law collection. The tracker captures information on the more recent application of DPA 2018 under the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) (including as amended by the Data ( Use and Access) Act 2025 ( DUAA 2025)), as well as its earlier application under the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) framework (ie before 11 pm on 31 December 2020). For guidance on the latter, and on...
Archived: This Practice Note is archived and no longer maintained. This Practice Note concerns the commission of data protection offences before 25 May 2018. Where a data protection offence occurred before 25 May 2018, it may still be prosecuted under the Data Protection Act 1998 ( DPA 1998), even though that legislation has been repealed by the Data Protection Act 2018 ( DPA 2018). Where an offence is committed on or after 25 May 2018, charges should be considered under the DPA 2018. See Practice Note: Offences under the Data Protection Act 2018. The offences of unlawful obtaining of personal data under the DPA 1998 Note that these offences cannot be committed after 25 May 2018. The DPA 1998 includes various criminal offences that can be prosecuted by the Information Commissioner or the Director of Public Prosecutions, who must give their consent for such...
ARCHIVED This archived Practice Note outlines the data protection framework prior to 25 May 2018 and reflects the position under the Data Protection Act 1998 ( DPA 1998). It is supplied for background reference only and is not maintained... Changes as a result of the General Data Protection Regulation The General Data Protection Regulation, Regulation ( EU) 2016/679 (the GDPR) (effective from 25 May 2018) introduces major changes to EU and UK data protection law, and from that date supersedes the DPA 1998 and Directive 95/46/ EC (the Data Protection Directive). For further details, see Practice Note: Introduction to the EU GDPR and UK GDPR. For a comprehensive overview of the GDPR bringing together key practical guidance, see: UK data protection law collection... Under Schedule 1, Part II of the DPA 1998, data controllers have a fundamental duty to inform data subjects about processing relating to them. This duty is...
On 19 June 2025, the Data ( Use and Access) Act 2025 ( DUAA 2025) gained Royal Assent. It updates elements of Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR), the Data Protection Act 2018 ( DPA 2018), and the Privacy and Electronic Communications ( EC Directive) Regulations 2003, SI 2003/2426. This Practice Note sets out what the changes mean for UK employers and outlines the staged roll-out of DUAA 2025. DUAA 2025 brings useful clarity to the UK data protection framework and introduces greater flexibility across several aspects. Where organisations already follow UK data protection requirements, only limited adjustments to employment procedures should be needed. For broader guidance on workplace data protection, see Practice Notes: The UK GDPR and DPA 2018: key data protection issues for employment lawyers and The UK GDPR and DPA 2018: lawful...
This Practice Note This Practice Note charts significant updates concerning the Data ( Use and Access) Act 2025 ( DUAA 2025), which obtained Royal Assent on 19 June 2025 and partially commenced on that day (see DUAA 2025, s 142). Most DUAA 2025 provisions will not commence until secondary legislation, in the form of statutory instruments, is laid for that purpose (see: LNB News 28/07/2025 33). This tracker follows those developments. It also chronicles the DUAA 2025’s path before Royal Assent—referring to it as the DUA Bill or simply the Bill in that context—including amendments made as it moved through the parliamentary stages, as well as consultations, related guidance and announcements. DUAA 2025 contains seven parts: Part 1 addresses access to customer and business data and seeks to extend the use of ‘ Smart Data’ beyond its current application in open banking within the...
FORTHCOMING CHANGES : At Budget 2025, the government confirmed it will legislate via Finance Bill 2026 (also referred to as Finance ( No 2) Bill 2024–26) to introduce measures aimed at promoters or enablers of marketed tax avoidance. These proposals appear in Part 6 of the Bill, as introduced on 4 December 2025, and include: Updates to the DOTAS and DASVOIT civil penalty regime, enabling HMRC to issue DOTAS penalties directly without needing tribunal approval; A general ban on promoting marketed arrangements that have no realistic prospect of success, plus a ban on promoting arrangements identified in universal stop regulations ( USRs). Breaching either ban could trigger sanctions including publication, financial penalties, and criminal prosecution; Promoter action notices ( PAN), compelling businesses to stop supplying goods or services to tax avoidance promoters where those goods or services are used to promote avoidance and the promoter is in breach of a USR or a...
NOTE—to check whether notification thresholds in Denmark and worldwide are met, please refer to: Where to Notify. 1. Have there been any recent developments regarding the Danish merger control regime and are there any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in Denmark? From 1 July 2024, amendments to the Danish Competition Act (the Act) took effect, introducing a ‘call‑in’ power akin to the EU’s Article 22 referral mechanism in the Regulation on the control of concentrations between undertakings ( EUMR). Using this tool, the Danish Competition and Consumer Authority ( DCCA) can require a merger filing where the parties’ combined annual Danish turnover exceeds DKK 50m (about €6.7m) and the DCCA considers there is a risk the deal may significantly impede effective competition. The power spans all industries, though the preparatory works signal particular attention to...
This Practice Note outlines the procedural framework for sentencing offenders in England and Wales (the Sentencing Code) effective from 1 December 2020, comprising Parts 2–13 of the Sentencing Act 2020 ( SA 2020). It also captures the revisions introduced by Part 7 of the Police, Crime, Sentencing and Courts Act 2022 ( PCSCA 2022). PCSCA 2022, Pt 7 operates to extend the period that must be served before release on licence for certain violent or sexual offences. For those assessing whether the Sentencing Code governs their matter, see Practice Note: Sentencing Code... Abolition of IPPs and EPPs Previously, the Criminal Justice Act 2003 ( CJA 2003) provided for imprisonment for public protection ( IPPs) and detention for public protection, alongside extended sentences for specified violent and sexual offences ( EPPs). These sentencing options were abolished by the Legal Aid, Sentencing and Punishment of...
What are damages? ‘ Damages’ denotes a monetary award made by a court to make good a claimant’s loss or harm arising from a wrong for which the defendant is answerable. It is a remedy rooted in the common law, though the court may, in appropriate cases, also grant equitable damages. They differ from remedies for unjust enrichment, which address an unjust benefit obtained by the defendant regardless of wrongdoing. Accordingly, other money claims are distinct from damages, for example: repayment of sums paid by mistake; recovery where consideration has failed; or the reasonable value of goods supplied or services rendered (for these categories of claim and remedy, see subtopic: Unjust enrichment and restitution). Assessing damages As observed by the Supreme Court in Sainsbury’s v Visa Europe when assessing damages for breach of competition law: applying the compensatory principle, the court must steer between...
NOTE: On 2 December 2024, the Lord Chancellor confirmed the discount rate would shift to positive 0.5%, taking effect from 11 January 2025. Schedule A1 to the Damages Act 1996 requires that follow-up reviews occur within five years of the end of the last review, meaning the next review must begin on or before 2 December 2029. This Practice Note considers the common heads of damage in clinical negligence litigation—pain and suffering, loss of earnings, loss of congenial employment, pensions, and care and assistance. It provides practical tips and also looks at causation and periodic payments. Introduction This Practice Note examines the heads of damage typically advanced in clinical negligence claims. It does not, however, extend to claims under the Fatal Accidents Act 1976 or the Law Reform ( Miscellaneous Provisions) Act...
What is the applicable legislation? Foreign direct investment in the Czech Republic falls under Act No. 34/2021 Coll., as amended, dated 19 January 2021, on the Screening of Foreign Investments and Amendments to Related Laws (the Foreign Investments Screening Act). The Act has applied since 1 May 2021. Which government or other body (or bodies) reviews foreign investments? The Ministry of Industry and Trade ( MIT) leads the screening of foreign investments in the Czech Republic. During reviews it consults other public authorities, such as relevant ministries, the Czech intelligence services, and the National Cyber and Information Security Agency, which provide their observations. Where required, the MIT escalates matters to the Czech government for a final decision. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (e.g. foreign or non- EU / non- WTO)? Are there...
Coronavirus ( COVID-19): Existing financings/utilised debt Do finance documents in your jurisdiction generally provide lenders with termination rights in a crisis? If so, are standard material adverse effect ( MAC) clauses enforceable in that context? Yes. Beyond LMA-based templates, Czech banks frequently embed MAC-related termination rights either in loan agreements or within their general terms and conditions ( GTCs), empowering the lender to terminate unilaterally, cancel commitments, or vary fees and/or interest rates, together with reimbursement of any additional costs. Typically, MAC wording covers, among other items, a failure by the borrower to perform obligations under the finance documents, a deterioration in the borrower’s financial condition or the value of the security provided, or an inability of the lender to exercise rights and pursue claims arising from the finance documents. Any termination must not be baseless, and the present epidemic does not, of itself, amount to a...
This table outlines every concluded probe by the Czech Republic’s competition watchdog, the Office for the Protection of Competition ( OPC), into suspected cartels, anti-competitive agreements and abuses of dominance ( Articles 101/102 TFEU and national analogues) since 2018. Note—only investigations disclosed publicly are listed. 2026 Investigations under Article 101 TFEU/ Article 3 of the Act on the Protection of Competition Electronics – HP TRONIC Zlín, spol. s r.o.: Restrictive agreement— RPM. Infringement decision announced—07/05/2026; fines totalling CZK 38,971,000 imposed. Household appliances – Elberry s.r.o.: Restrictive agreement— RPM. Infringement decision issued—09/01/2026; fines totalling CZK 767,000 imposed. Investigations under Article 102 TFEU/ Article 11 of the Act on the Protection of Competition Online text advertising for property listings on dedicated real-estate portals – Seznam.cz: Concern that Seznam.cz abused a dominant position by charging higher unit prices to small-volume advertisers than to larger ones and by varying prices by region and...
Note—to check whether notification thresholds in Cyprus and across the globe are satisfied, see: Where to Notify. 1. Have there been any recent developments regarding the Cypriot merger control regime and are there any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Cyprus? Following the passage of ' The Control of Concentrations between Undertakings Law of 2014' (the Merger Control Law), no additional changes have arisen in the Cypriot merger control framework. The Merger Control Law aligns more closely with the EU Merger Regulation ( EUMR) and, in particular, introduced a revised definition of a concentration. Consequently, one criterion for determining if a concentration is notifiable is whether there are two or more active participating undertakings in Cyprus. The updated thresholds under the Merger Control Law require at least two of the undertakings involved in a...
1. What is the applicable legislation? The governing law is Law 194( I)/2025 on the Establishment of a Framework for the Screening of Foreign Direct Investments 2025 ( FDI Law 2025). It gives domestic effect to the obligations under Regulation ( EU) 2019/452 on foreign direct investment screening ( Regulation ( EU) 2019/452)... 2. Which government or other body (or bodies) reviews foreign investments? The Ministry of Finance acts as the competent authority to accept FDI notifications, carry out assessments and liaise with other departments or the EU. The review process is assisted by an inter‑ministerial Advisory Committee, with participation from the relevant ministries... 3. What is the scope of the foreign investment regime in Cyprus? Does it only apply to specific sectors or types of investors (eg foreign or non- EU / non- WTO)? Are there specific rules for certain types of investors (eg...
Labour and employment— Cyprus— Q& A guide [ Archived, 2016 edition] The Cyprus international employment law guide is arranged in a Q& A format. The key questions appear below. Please note this is the 2016 edition. The 2019 edition does not contain an updated guide for this jurisdiction. No revised Cyprus chapter appears in the 2019 edition. You can access the guide using the hyperlink immediately beneath. The guide considers the following questions: This material remains archived from 2016. The questions raised in the guide Legislation and agencies What are the principal statutes and rules governing employment? Is there legislation outlawing discrimination or harassment at work? If so, which categories are covered by the law? Which main government bodies or other entities enforce employment statutes and regulations? Worker representation Is there legislation requiring or permitting the creation of a workers’ council or workers’ committee in the...
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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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