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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
Most recent Practice notes
ARCHIVED: This archived Practice Note gives background on the changes to criminal procedure effective from 3 April 2017. The Criminal Procedure Rules 2015, SI 2015/1490, have since been amended repeatedly. See Practice Note: The Criminal Procedure Rules. The note states the law as at 3 April 2017 and is not maintained; it is for background only. The Criminal Procedure Rules 2015 ( Crim PR), SI 2015/1490, were updated by the Criminal Procedure ( Amendment) Rules 2017, SI 2017/144, and the Criminal Procedure ( Amendment No 2) Rules 2017, SI 2017/282, with effect from 3 April 2017. This note flags the key additions and revisions to the Crim PR. For further detail, see News Analysis: All change for the Criminal Procedure Rules? New rules Allowing sufficient time for consideration of the initial details of the prosecution case Under Crim PR, Part 8, at the first hearing...
Practice Note While an acquittal usually brings criminal proceedings to a definitive close, in defined circumstances a retrial may still follow an acquittal. This Practice Note explains when a retrial may occur, the conditions that must be satisfied before one can proceed, and the relevant procedure. The most frequent basis for a retrial is a jury that cannot agree on a verdict (a hung jury) or a jury discharged before returning a verdict. In those situations, the prosecution may seek a retrial (see below: Retrial after a successful appeal against conviction). The Court of Appeal ( Criminal Division) ( CACD) may direct a retrial in the following situations: where it quashes a conviction after a successful appeal and concludes that a retrial is in the interests of justice for the appellant (see below: Retrial after a successful appeal against...
ARCHIVED: This Practice Note is archived and is no longer maintained. It outlines the principal revisions to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR), introduced by the Criminal Procedure ( Amendment No 2) Rules 2022, SI 2022/815, coming into force on 3 October 2022. Fresh provisions to avoid errors and uncertainty when preferring indictments at arraignment. Clarification of when a magistrates’ court may refuse to issue a summons or warrant for a private prosecution. A stipulated timeframe for courts to answer a request to state a case. Details required on costs applications in private prosecutions. Consolidation of rules concerning court officers’ authority to take statutory declarations, alongside other minor changes. For further analysis, see News Analysis: Criminal Procedure Rules ( Crim PR)—update August 2022 and October 2022. Note that some amendments brought in by SI 2022/815...
ARCHIVED: This archived Practice Note summarises background on changes to criminal procedure that took effect on 6 April 2015 under the Criminal Procedure ( Amendment) Rules 2015, SI 2015/13 and the Criminal Procedure ( Amendment No 2) Rules, SI 2015/646. These regulations have been revoked. The current rules on criminal procedure are contained in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. The 2015 amendments revised the Criminal Procedure Rules, SI 2014/1610 ( Crim PR 2014), to provide for: ground rules hearings; advance notice where further evidence is to be introduced on an appeal to the Crown Court from a magistrates’ court; and trial by a single justice on the papers. These changes commenced on 6 April 2015. Ground rules hearings Crim PR 2014, SI 2014/1610, r 3.9 ( Case preparation and...
ARCHIVED: This Practice Note is archived and no longer updated. It sets out the principal alterations introduced to the Criminal Procedure Rules ( Crim PR) on 5 October 2020, when the former Criminal Procedure Rules 2015, SI 2015/1490, were revoked and superseded by the Criminal Procedure Rules 2020, SI 2020/759. Subsequent amendments have been made to the Crim PR. The Crim PR regulate the conduct and procedure to be observed in all criminal courts in England and Wales, including magistrates’ courts, the Crown Court, the Court of Appeal ( Criminal Division), and extradition appeals before the High Court. For additional analysis of Crim PR, SI 2020/759, see News Analysis: An overview of the new Criminal Procedure Rules 2020. Reissue of the Crim PR The Crim PR are commonly revised twice each year, with changes taking effect on the first Monday of April or October. Each update is...
ARCHIVED: This archived Practice Note offers context and background on the alterations to criminal procedure that commenced on 5 October 2015. The Criminal Procedure Rules 2015 ( Crim PR), SI 2015/1490, have since been revised multiple times and on various occasions. See Practice Note: The Criminal Procedure Rules. The Note reflects the law as at 5 October 2015 and is no longer maintained; it is provided for background information only. The rules have undergone their annual consolidation and republication, with the latest text set out in the Criminal Procedure Rules 2015, SI 2015/1490 ( Crim PR). Crim PR annuls and substitutes the Criminal Procedure Rules 2014, SI 2014/1610 ( Crim PR 2014), as altered by the Criminal Procedure ( Amendment) Rules 2015, SI 2015/13, and the Criminal Procedure ( Amendment No 2) Rules 2015, SI 2015/646. The 2015 Rules introduced fresh...
ARCHIVED: This archived Practice Note offers general background information on the alterations to criminal procedure that took effect on 3 October 2016. The Criminal Procedure Rules 2015, SI 2015/1490, have subsequently been amended on numerous occasions to date. See the Practice Note: The Criminal Procedure Rules. This Practice Note states the law strictly as at 3 October 2016 and is not maintained. It is provided for background information only. The Criminal Procedure Rules 2015, SI 2015/1490 ( Crim PR), received their second update via the amending statutory instrument, Criminal Procedure ( Amendment No 2) Rules 2016, SI 2016/705 ( Amendment No 2 Rules). These revisions come into force on 3 October 2016 as well. In a welcome step, the Criminal Procedure Rule Committee has indicated that the consolidation exercise undertaken in October 2015 will not be repeated until 2020. The Committee is,...
The Committee ( CPRC) has set rules regulating the practice and procedure to be observed in the criminal courts in England and Wales since 2005. The current iteration appears in the Criminal Procedure Rules 2025, SI 2025/909 ( Crim PR 2025) and should be read alongside the latest Criminal Practice Directions ( CPD) and the Practice Direction ( Costs in Criminal Proceedings), available via the GOV. UK: Criminal Procedure Rules and Criminal Practice Directions webpage. See also the Practice Note: Criminal Practice Directions. Under Crim PR 2025, SI 2025/909, r 2.3, the rules are to be cited as the ‘ Crim PR’. Updating the Criminal Procedure Rules The Crim PR are commonly updated twice yearly, with changes taking effect at the beginning of April and October. Each update is implemented by a statutory instrument that amends the current body of rules. On a...
This Practice Note sets out the principal updates to the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909 introduced by the Criminal Procedure ( Amendment) Rules 2026, SI 2026/47. Most amendments commenced on 6 April 2026, with limited provisions starting on 23 February 2026. The changes cover: confirmation of the open justice principle as it applies to access to court records revisions to time limits that are stated in business days adjustments to the process for objecting to written witness statements clarification of magistrates’ courts’ powers concerning fines substantial reworking of the rules dealing with behaviour orders updates on judicial approval requirements under the Regulation of Investigatory Powers Act 2000 ( RIPA 2000) a series of technical corrections The Criminal Procedure Rule Committee has issued a guide to the Criminal Procedure (...
ARCHIVED: This Practice Note is archived and no longer maintained. This Note outlines the principal changes to the Criminal Procedure Rules 2020 ( Crim PR 2020), SI 2020/759 brought in by the Criminal Procedure ( Amendment) Rules 2025, SI 2025/60. Most provisions start on 7 April 2025, with limited updates taking effect on 24 February 2025. Procedures for inspecting and copying banking records updated Admissibility of hearsay evidence clarified Magistrates’ courts’ powers to vary fines and payment terms clarified Time limit for prosecution appeals against Crown Court rulings altered Further revisions extend certain costs order rules to receivership proceedings, refine the approach to contempt of court cases, and remedy errors introduced by the Criminal Procedure ( Amendment No 2) Rules 2024, SI 2024/842. The Criminal Procedure Rule Committee has issued a guide to the Criminal Procedure ( Amendment) Rules 2025,...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the principal amendments to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR), brought in by the Criminal Procedure ( Amendment) Rules 2021, SI 2021/40. The Crim PR set the practice and procedure for all criminal courts in England and Wales. The changes took effect partly on 8 February 2021 and fully on 5 April 2021. Revised the overriding objective to ensure participants are treated with politeness and respect. Obliged parties to notify the court of any barrier to the defendant’s effective participation and any linked family proceedings. Introduced rules for when the court approves or appoints an intermediary for a witness or defendant. Required the custodian of a defendant sent to custody to obtain and record that person’s...
ARCHIVED: This Practice Note, now archived, outlines the principal amendments to the Criminal Procedure Rules 2015 ( Crim PR), SI 2015/1490, introduced by the Criminal Procedure ( Amendment) Rules 2019, SI 2019/143, which came into force on 1 April 2019. The Crim PR have since been updated. See Practice Note: The Criminal Procedure Rules. Service of documents—serving on a magistrates’ court or Crown Court SI 2019/143, r 3 modifies Crim PR, SI 2015/1490, rr 4.3 (service by handing over a document) and 4.4 (service by leaving or posting a document), redefining the court office for service as “the office at the address advertised by the Lord Chancellor as the place at which that court’s business is administered” instead of “the office at which that court’s business is administered by court staff”. This applies to both the Crown Court and magistrates’...
ARCHIVED: This Practice Note is no longer active or updated. From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277 were revoked and superseded by the Digital Market, Competition and Consumers Act 2024 ( DMCCA 2024). Nonetheless, CPUTR 2008, SI 2008/1277 continues to apply to any conduct that occurred before 6 April 2025. For details on unfair commercial practices under DMCCA 2024, see Practice Note: Unfair commercial practices offences under DMCCA 2024. The regulatory regime under the Consumer Protection from Unfair Trading Regulations 2008 CPUTR 2008, SI 2008/1277 took effect on 26 May 2008. It prohibits traders across all sectors from engaging in unfair commercial practices towards consumers that hinder free and properly informed purchasing choices. The regime applies to business-to-consumer transactions and captures behaviour before, during, and after a contract is made. It also extends to...
Offence of material omissions from statement relating to company's affairs Any current or former officer of a company undergoing a court-ordered or voluntary winding up commits an offence by omitting any material matter from a statement about its affairs. If a company is ordered by the court to be wound up, or passes a resolution for a voluntary winding up, a person is regarded as having committed an offence where they have, prior to the winding up, made a statement concerning the company’s affairs that contains any material omission, relating to those affairs within that very same statement......
The offence of acquisition of limited company's own shares Under the general principle, a limited company is prohibited from taking ownership of its own shares, whether through purchase, subscription, or any other method, unless it acts in accordance with the Companies Act 2006 ( CA 2006). A company may instead obtain any of its fully paid shares only where no payment is made; that is, no valuable consideration can be given for the acquisition......
This Practice Note provides a practical overview of the impact that criminal investigations, prosecutions and convictions may have on healthcare practitioners, and on the integrity of the register that regulators have a statutory duty to maintain. It should be considered alongside the Practice Note: Common principles in fitness to practise proceedings and the relevant Practice Note for each regulator below: General Dental Council—fitness to practise proceedings General Medical Council—fitness to practise proceedings General Optical Council—fitness to practise proceedings General Pharmaceutical Council—fitness to practise proceedings Health and Care Professions Council—fitness to practise proceedings Nursing and Midwifery Council Proceedings—fitness to practise proceedings Social Work England—fitness to practise proceedings Function of criminal courts v fitness to practise proceedings The distinct purposes of the criminal courts and professional regulators, and how they interact, were analysed in Bawa- Garba v GMC. The appeal...
This Practice Note outlines the key considerations when a client is under investigation for a criminal offence and concerned about adverse publicity. It sets out what information investigators may disclose during a criminal investigation and highlights the measures available to minimise harm to a client’s reputation. It further clarifies the nature of any information investigators might make public during the course of their enquiries, and also points to steps to safeguard reputation. Identifying suspects of crime For corporate and high profile clients, safeguarding an untarnished reputation if they are investigated for a criminal offence is paramount. Practitioners should take defined steps to ensure this risk is reduced as far as possible. Where the client is a corporate body subjected to a dawn raid, directors should ensure staff are instructed not to tell anyone that the search is taking place, not to discuss it, and not to send any...
This Practice Note sets out the statutory defences available in respect of the three criminal insider dealing offences under the Criminal Justice Act 1993 ( CJA 1993): the ‘dealing offence’, the ‘encouragement offence’ and the ‘disclosing offence’. It should be read alongside Practice Note: Insider dealing—the criminal offence, which details the constituent elements of the three criminal insider dealing offences. For coverage of the civil/regulatory insider dealing framework, see Practice Note: UK Market Abuse Regulation—insider dealing. General defences The statutory defences applicable to the three criminal insider dealing offences appear in CJA 1993, s 53. The burden lies with the defence to demonstrate, on the balance of probabilities, that a defence is established. General defences to the dealing offence and encouraging offence There are three general defences available to the dealing offence or the encouraging offence......
This Practice Note reviews the amended 2012 Criminal Injuries Compensation Scheme, which took effect on 13 June 2019. Although the Scheme has been the subject of several consultations, no substantial changes have been made. Time periods for lodging the application From the date of the incident, a claimant has a two-year window in which to submit an application for compensation. The onus lies with the applicant to demonstrate they have not failed to meet a reasonable expectation that a claim would be pursued promptly......
For guidance on the authority of the criminal courts to levy fines and other monetary penalties after conviction, consult Practice Note: Fines imposed following criminal conviction. Collection of fines The task of collecting and enforcing fines, together with other financial orders—such as prosecution costs, compensation and surcharges—is carried out by the magistrates’ courts, irrespective of whether the penalty was made in the magistrates’ court or the Crown Court. Section 132 of the Sentencing Act 2020 ( SA 2020) (also called the Sentencing Code), Schedule 5 to the Courts Act 2003 ( Co A 2003), Part 3 of the Magistrates’ Courts Act 1980 ( MCA 1980) and the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, set out the arrangements for payment and enforcement of fines and confer enforcement powers on fines officers where sums remain unpaid....
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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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