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
This Practice Note outlines the part ratings agencies play in the debt capital markets and sets out key documentary considerations for those agencies. Rating agencies and their role Rating agencies assign credit ratings to issuers of debt securities for public or private use. Issuers—whether corporate, sovereign, financial or other entities—may themselves be rated. That rating may equally apply to any debt securities they issue and are directly responsible for, where no credit enhancements are in place. Debt securities can be rated separately from the issuer where the issuer is a company created specifically to issue the debt (a special purpose vehicle ( SPV)) or where the instruments benefit from credit enhancements (eg a guarantee) that strengthen them beyond the issuer’s standing rating. A credit rating is obtained on application by the issuer to one or more rating...
What is a credit rating agency methodology? A credit rating agency ( CRA) methodology is the set of policies, processes and criteria a CRA uses when assigning or updating a credit rating. CRAs issue three principal categories of ratings: ratings of corporates ratings of sovereigns ratings of securities issued through a securitisation or comparable transaction (structured securities), where a special purpose vehicle ( SPV) holds a pool of assets and payments to investors depend on cash flows from those assets A credit rating for a corporate or sovereign generally reflects an evaluation of: the stand-alone credit strength of the entity prior to any external support any external assistance that could be available if the entity encounters financial stress the particular financial instruments being rated A credit rating for structured securities typically considers: the credit quality of the...
IOSCO standards The primary publication from the International Organization of Securities Commissions ( IOSCO) establishing regulatory benchmarks for credit rating agencies ( CRAs) is its Statement of Principles on the activities of Credit Rating Agencies, first issued on 25 September 2003 (the Statement of Principles). IOSCO also released the Code of Conduct Fundamentals for Credit Rating Agencies (the Code of Conduct), initially published in December 2004 and most recently updated in March 2015. CRAs are required to take IOSCO’s Statement of Principles and Code of Conduct into account in their work, and national regulators are required to reflect these standards within regulatory requirements and guidance. The Code of Conduct sets out the following definitions of a ‘credit rating’ and a ‘credit rating agency’: Credit rating—an opinion on the creditworthiness of an entity, a credit commitment, a debt or debt‑like...
Time spent on remand When an offender receives a determinate custodial sentence (that is, imprisonment for a fixed term), the period spent on remand in custody that must count towards that term is calculated and applied administratively by the Prison Service. The statutory basis is section 240ZA of the Criminal Justice Act 2003 ( CJA 2003)... For determinate sentences, the sentencing judge states the overall term, after which the Prison Service works out the credit for time spent on remand in custody; see Practice Note: Custodial sentences available for adult offenders— Determinate sentences of imprisonment. The position differs for time subject to a qualifying curfew and for time in custody pending extradition (see below)... “ Remanded in custody” is narrowly defined and applies only where a defendant is: remanded in or committed to custody by order of a court kept in secure...
A privacy risk register is a mechanism for bringing together, documenting, monitoring and administering all data protection, information security and privacy risk information in a single location. This Practice Note walks you through how to create such a register. See Precedent: Privacy risk register. The UK GDPR does not mandate keeping a privacy risk register, though guidance from the Information Commissioner’s Office ( ICO) indicates the regulator views it as good practice. To build one, you must first pinpoint data protection risks within your organisation. This involves reviewing: The personal data you hold How you handle and process it The purposes for processing With whom it is shared Internal data flows Any transfers of personal data outside the UK Measures to keep personal data accurate and current Retention periods and destruction...
Creation of new trusts in the exercise of powers under existing trusts For capital gains tax purposes, when property is transferred into a fresh settlement, section 71 of the Taxation of Chargeable Gains Act 1992 ( TCGA 1992) deems a disposal to occur and a corresponding charge to tax arises. It is therefore prudent for settlements to confer powers that allow modification of the existing trusts, together with powers that authorise the resettlement of property onto new terms. On some occasions a resettlement is expressly intended; on others, the clear intention is that the property should remain comprised within, and continue under, the original settlement. It has been held that the phrase ‘absolutely entitled to any settled property’ in TCGA 1992, s 71 applies where the trustees of one settlement, in pursuance of a power of advancement or appointment, exercise that power in favour of the...
A commonhold scheme can be set up: during a new development (for example, a block of flats); or where there is an existing block of flats run on a leasehold basis, provided the freehold owner and the current long leaseholders (those with leases granted for more than 21 years) agree to convert to commonhold New development with no existing unit holders Typically, a developer establishes the commonhold framework before any of the units—that is, individual flats—are sold......
Managing risk is never a single task; it is a continual process, as illustrated: This Practice Note sets out how to assess and clearly record risks in practice using a risk register, a tool that gathers all of your risk information in one place by carefully classifying each risk the organisation faces, scoring each entry and then choosing your response to each identified risk accordingly, eg reject or accept and, if the latter, how to control or mitigate the risk—see Precedent: Risk register. What is risk? There is a widely recognised definition of risk, ie: Risk = probability x impact. So, for any given risk faced by your business, two questions arise: how likely is it that the risk will occur, ie what is the probability? if it does occur, how serious will it be, ie what is the impact? A risk register is a means of...
This Practice Note sets out what is meant by a pipeline of new clients and new business, and how to develop one The need for a pipeline Securing fresh clients and instructions is the culmination of your BD and marketing activity. Prospective clients decide to instruct you for a mix of reasons, for example: your lawyers’ grasp of their organisation and legal needs the firm’s reputation the fee proposal and how they judge price versus value the rapport with the team they met Identifying prospects with the greatest likelihood of converting can be difficult. Building a pipeline of potential clients and new business—known in other sectors as the sales pipeline—is vital. A strong pipeline helps you maximise the chances of winning new work. It must be an ongoing effort so that when fee-earning work slows, other...
Choices are made constantly, many executed cleanly and delivered well. Yet others emerge muddled, overly complex, or simply fall short. It contrasts sound decision-making with choices that miss the mark, drawing out practical considerations. This Practice Note explores why a decision-making framework matters, what it ought to contain, tools to apply along the way, and how to design and embed one across your organisation. Why do we need a decision-making framework? Decision frameworks give a disciplined approach to choices that strengthen and advance the organisation. The aim of every decision should be to maximise the likelihood of favourable results. Such discipline helps decisions contribute visibly to organisational improvement. It promotes structure, visibility, and ethical, compliant choices. With a framework, you (and your team or organisation) can: keep everyone aligned make decisions visible at every planning tier clarify how options and plans back departmental or...
ARCHIVED: This archived Practice Note explains what the CRC Energy Efficiency Scheme was and how it operated. It also highlights principal elements of the CRC Scheme, including: Eligibility thresholds Enrolment obligations Reporting duties How allowances were purchased and surrendered Sanctions for non-compliance It is not maintained and is provided for background reference only. The CRC Scheme was abolished after the 2018/19 compliance year, following the announcement by HM Treasury ( HMT) in the 2016 Budget. The CRC Energy Efficiency Scheme ( Revocation and Savings) Order 2018, SI 2018/841 (the 2018 Order), effective from 1 October 2018, terminated the CRC Scheme with effect from 31 March 2019, while preserving continuing compliance obligations for the phase ending on that date (and the preceding phase). Businesses were required to surrender CRC Scheme allowances for the final time in October 2019. The CRC Scheme has been replaced by an...
What was the CRC Energy Efficiency Scheme ( CRC Scheme)? The CRC Scheme was a UK mandatory emissions trading scheme designed to cut carbon dioxide output and enhance energy efficiency among large, non‑energy‑intensive organisations in both the public and private sectors. Participants that met the qualifying criteria had to buy allowances covering every tonne of carbon dioxide they released. The scheme was structured in two phases, each comprising a series of annual compliance years. Before each phase began, there was a qualification year to help organisations determine whether they were required to participate in that phase. Introductory Phase ( Phase 1): ran from April 2010 to March 2014 and imposed requirements that differed from those in the following phase. Initial Phase ( Phase 2): the second and final phase ran from 1 April 2014 to 31 March 2019 and was, somewhat...
This Practice Note sets out the commercial rent arrears recovery ( CRAR) framework found in section 72 of the Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007), which superseded the common law entitlement to levy distress. It outlines which leases permit CRAR to be used, what kinds of rent fall within scope, and the steps to follow, including appointing enforcement agents, notifying the tenant, entering the premises, and taking and selling goods. It also addresses the ability to claim rent from sub-tenants within the statutory confines of the process, as described. Right to recover rent Under CRAR, a landlord may remove a tenant’s goods located at the demised premises to recover arrears of rent. The former common law remedy of distress has been abolished and replaced with this more tightly controlled statutory process; among other requirements, only certificated enforcement agents may act and tenants must...
This Practice Note offers practical guidance on trade in services under the Comprehensive and Progressive Trans- Pacific Partnership Agreement ( CPTPP). It sets out the scope of services coverage in the CPTPP and explains commitments relating to, among other things, non-discrimination, market access, recognition of qualifications or experience, as well as obligations on professional services and express delivery services. Introduction As a free trade agreement, the CPTPP not only advances liberalisation for trade in goods, it also contains commitments on trade in services among CPTPP Member States. What is the scope of the CPTPP? The General Agreement on Trade in Services ( GATS) governs measures that affect the supply of a service. For guidance on this, see Practice Note: An introduction to Trade in Services. The CPTPP identifies measures that may affect the supply of a service, including: the production, distribution, marketing, sale and delivery of a...
This Practice Note sets out clear, practical guidance on how an exporter can claim preference under the rules of origin when trading internationally under the Comprehensive and Progressive Trans‑ Pacific Partnership ( CPTPP). Introduction For goods sent abroad to access the preferential tariff treatment available under the CPTPP, the exported item must meet the rules of origin criteria specified in the CPTPP. For detail on the preferential treatment that goods receive under the CPTPP, see Practice Note: UK’s trade in goods under the Comprehensive and Progressive Agreement for Trans- Pacific Partnership. For guidance on the rules of origin criteria that goods must satisfy to obtain such preferences, see Practice Note: Rules of origin under the CPTPP. Claiming preferential treatment for goods Each CPTPP party must permit an importer to lodge a claim for preferential tariff treatment on the basis of a certificate of origin completed by the...
This Practice Note offers practical guidance on the temporary entry of business persons under the Comprehensive and Progressive Agreement for Trans- Pacific Partnership ( CPTPP). Introduction The CPTPP is a wide-ranging free trade agreement. Consequently, it goes beyond goods alone and spans several other trade areas, including: Trade in goods. For advice on trade in goods under the CPTPP, see Practice Note: UK’s trade in goods under the Comprehensive and Progressive Agreement for Trans- Pacific Partnership Trade in services. For advice on trade in services under the CPTPP, see Practice Note: Trade in services under the Comprehensive and Progressive Trans- Pacific Partnership Agreement Trade in financial services. For advice on trade in financial services under the CPTPP, see Practice Note: Trade in financial services under the Comprehensive and Progressive Trans- Pacific Partnership Agreement Sanitary and...
This Practice Note sets out practical guidance on the commitments on trade in financial services undertaken by Member States under the Comprehensive and Progressive Trans- Pacific Partnership Agreement ( CPTPP). It covers National Treatment, Most- Favoured- Nation ( MFN), market access, Member State-specific commitments, non-conforming measures and exceptions. Introduction The Comprehensive and Progressive Trans- Pacific Partnership Agreement regulates various trade-related matters for participating Member States. In the area of trade in services, the approach is that all services are liberalised unless a Member State has expressly excluded them from liberalisation due to stated non-conforming measures. For guidance on this, see Practice Note: Trade in services under the Comprehensive and Progressive Trans- Pacific Partnership Agreement. Chapter 10, which governs trade in services, does not apply to financial services. Chapter 11 specifically governs trade in financial services. Scope of financial services The commitments in financial services under Chapter 11 apply to...
Commercial Property Standard Enquiries ( CPSE) The Commercial Property Standard Enquiries ( CPSE) are widely regarded as the industry benchmark set of pre-contract enquiries for commercial property transactions: CPSE.1: General pre-contract enquiries applicable to all commercial property transactions......
ARCHIVED This Practice Note is archived, not updated, and provided for background reference only. In addition, some links may not take you to the provisions as they were at the time this guidance was issued. For information on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Note presents the minutes of the Civil Procedure Rule Committee ( CPRC) meeting held on 15 June 2018. At that meeting, the committee discussed: progress on the Open Justice consultation the disclosure pilot scheme extended powers for County Court legal advisers at the County Court Money Claims Centre ( CCMCC) in Salford proposed changes to CPR PD 2E the Renting Homes ( Wales) Act 2016 updates to the CPR arising from increased use of the Welsh language the closure of Lambeth County...
ARCHIVED This Practice Note is archived and is no longer maintained. It presents the minutes of the Civil Procedure Rule Committee ( CPRC) meeting held on 13 July 2018. During that meeting, the committee considered: the Disclosure Pilot for the Business and Property Courts; the Capped Costs pilot; an update on Electronic Costs Bills; Cardiff v Lee concerning enforcement of possession orders and permission requirements for applications for Warrants & Writs after a suspended order; the extension of the E- Working Pilot to the Queen’s Bench; and other business. Minutes The approved minutes of the CPRC meeting held on 13 July 2018 are available here: Minutes of 15 June 2018 CPRC meeting. The Minutes for the 15 June 2018 meeting were confirmed. See: Questions and answers from May 2018 CPRC open meeting. The Chair, Lord Justice Coulson, commended the...
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
