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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 Practice Note is no longer updated and is provided solely for background reference. Some links may not point to the provisions as they stood when this guidance was issued. For further details on previous and/or subsequent CPR amendments, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note includes the agenda and minutes of the CPR Committee ( CPRC) meeting on 2 March 2018, together with supporting documentation. Topics discussed included: Continuing further amendments to CPR Parts 45 and 36 ( Gastric illness claims) relating to Package travel claims A proposal to extend the Insolvency Express Trials Pilot and the PD 51O pilot for a further two years An update on case officer developments Setting up a working group to consider historical abuse A Debt Pre- Action Protocol request regarding the Full Standard...
ARCHIVED: This Practice Note has been archived, is no longer updated, and is provided solely for background information. Additionally, certain links might not take you to provisions as they stood on the date this Practice Note’s guidance was issued. For more detail on earlier and/or later changes to the CPR, refer to: CPR updates—overview and Procedure Rule Committee minutes—overview......
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note records the minutes of the CPR Committee ( CPRC) meeting on 12 October 2018. Matters considered included the Admiralty Court’s revised procedures for limitation claims, prospects for the Online Civil Money Claims programme, the length of the Video Hearings pilot, amendments to Part 21, feedback from the consultation on Part 39 ( Open Justice), the implications of a ‘no deal’ Brexit for the CPR, together with business and further matters......
ARCHIVED: This archived Practice Note is no longer updated and serves as general background material. In addition, certain links may no longer take you to the provisions as they stood on the date the guidance in this Practice Note was issued. For details of earlier and/or later amendments to the CPR, please consult: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note provides a concise synopsis of the CPR revisions that took effect on Thursday 31 July 2014. The 74th CPR update introduces a new Practice Direction 2C addressing the commencement of proceedings in the County Court. The practice direction applies to proceedings in the County Court. It explains to practitioners where claims and applications ought to be begun and whether they can be submitted, or moved, if commenced in the incorrect court. The......
This Practice Note This Practice Note examines how track allocation in civil proceedings affects costs. It explains the costs position before allocation and the costs recoverable when a claim is brought to an end before allocation. It also deals with costs where there has been a part admission or a counterclaim, and the costs consequences following any re-allocation. The Note outlines the position for cases proceeding under the transitional provisions (pre-1 October 2023) and under the current rules (on or after 1 October 2023). For information on track allocation generally, see: Allocating and transferring proceedings—overview. It sets out the position before 1 October 2023 by reference to the old rules that apply to civil cases issued before 1 October 2023. ( Note that the old rules also apply to personal injury cases where the cause of action accrued before 1 October 2023, and to...
ARCHIVED: This archived Practice Note is no longer maintained and is supplied purely for background reference. Please note that some links may not direct you to the provisions as they existed at the time this guidance was issued. For information on earlier and/or later amendments to the CPR, see: CPR updates—overview Procedure Rule Committee minutes—overview This Practice Note summarises the revisions to Practice Directions in the 98th Making Document dated 1 August 2018. The revisions introduce a new Practice Direction— Practice Direction 51T— The County Court Legal Advisers Pilot Scheme— Final Charging Orders—which enables legal advisers at the County Court Money Claims Centre, in specified circumstances, to make unopposed final charging orders (a charge placed over property or land to secure a judgment debt)......
ARCHIVED This archived Practice Note is not being updated and is supplied for background reference only. In addition, some links may no longer point to the provisions as they existed when the guidance in this Practice Note was issued. For information on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. The 100th Making document also outlines changes taking effect on 1 January 2019; refer to Practice Note: Practice Direction changes— January 2019 [ Archived]. Copies of the Update— Practice Direction Amendments are available as follows: 4 September 2018 — Revocation of 99th Update— Practice Direction Amendments 1 October 2018 — County Court legal advisers The 98th Modifications adjust certain delegated powers of County Court legal advisers under CPR PD 2E This material is retained for context and should not be relied upon as current...
ARCHIVED: This Practice Note is archived, is not kept up to date, and is provided solely for background reference. In addition, certain links might not take you to the provisions as they stood on the guidance’s publication date. For details of earlier and/or later changes to the CPR, please consult the: CPR updates—overview and Procedure Rule Committee minutes—overview......
ARCHIVED: This archived Practice Note is not maintained currently and is supplied solely for background reference. In addition, some links may not take you to the provisions as they stood when the guidance in this Practice Note was published......
This Practice Note examines the jurisdictional service gateway, or ground for service, contained in CPR PD 6B, para 3.1(9) concerning tort claims (gateway 9). It sets out gateway 9 and offers insight into the manner in which it has been interpreted by the courts in practice to date. This Practice Note should be considered alongside Practice Note: Cross‑border service—jurisdictional gateways (principles). Gateway 9 has been treated as applicable to a variety of claims, including patent infringement, defamation, deceit, conspiracy and misuse of personal information. Nevertheless, when reviewing authorities, it is essential to check whether any gateways have been created or amended since the judgment under consideration, as another gateway may now be the proper route. For example, gateways 21–23 have been added to encompass breach of confidence and misuse of information claims. For guidance, see Practice Note: Cross‑border...
ARCHIVED: This Practice Note has been archived and is not maintained This archived Practice Note outlines revisions to the service gateways governing permission to serve claims outside the jurisdiction under CPR PD 6B, paragraph 3.1, which commenced on 1 October 2015, as detailed in the 81st Update Practice Direction Making Document. Practitioners dealing with service out of the jurisdiction will appreciate the strict requirement to demonstrate that the claim falls within one of the gateways in CPR PD 6B, para 3.1 whenever the court’s permission is sought. For guidance across all gateways, see Practice Note: Cross-border service—jurisdictional gateways (principles). Experience revealed difficulties with certain gateways and, in some situations, no gateway existed for the category of claim being pursued. To tackle these issues, the Mance Committee—officially, the Lord Chancellor’s Advisory Committee on Private International Law—put forward a series of...
This Practice Note explains the rules for trial witness statements in the Business and Property Courts, signed on or after 6 April 2021, which fall within CPR PD 57AC. Only statements signed on or after that date are within scope. It concerns the Business and Property Courts at trial stage, and related requirements only. Introduction Material in a witness statement that is not a trial witness statement, and affidavits, are outside CPR PD 57AC (see CPR PD 57AC, para 1). For a Checklist to support legal representatives preparing a trial witness statement governed by CPR PD 57AC, see: Checklist for legal representatives—trial witness statements subject to CPR PD 57AC. For help on producing a credible witness statement, see Practice Note: How to write a credible witness statement. Status of CPR PD 57AC CPR PD 57AC makes clear that, where it conflicts with another practice...
This Practice Note sets out and summarises the reported decisions of the courts since CPR PD 57AC took effect in April 2021, which governs the preparation and content of witness statements for use at trials in the Business and Property Courts. Each case includes a brief summary and broader commentary. Themes are drawn from the judgments reported to date. Ambit of CPR PD 57AC The courts comprising the ‘ Business and Property Courts’ are defined in CPR 57A.1(2). CPR PD 57AC is the third practice direction issued under that rule. Under CPR 57A.3, the CPR apply to claims in the Business and Property Courts unless a practice direction provides otherwise. In relation to preparing witness statements for trial in such claims, CPR PD 57AC is such an exception, made under CPR 57A.3. It applies to all witness statements for use at a trial in the...
An altered process for preparing trial witness statements From April 2021, those conducting claims in the Business and Property Courts must follow CPR PD 57AC when drafting trial witness statements. Arising from the judge‑led Witness Evidence Working Group’s report, the practice direction brought in a revised approach to preparing such statements. Its principal purpose was to curb statements being crafted by lawyers in language chosen to optimise how a client’s case is presented, rather than reflecting the witness’s own words. The judicial view was that, if statements more closely conveyed a witness’s personal recollection of events they observed, the court would receive more dependable evidence at trial. A further objective was to trim excessive length. Statements too often strayed from setting out a witness’s evidence and drifted into background narrative about the claim, ultimately slipping into inappropriate advocacy placed in a witness’s mouth....
ARCHIVED : This Practice Note sets out details of the summary assessment bill of costs pilot scheme run from 1 April 2019 to 31 March 2022. It is provided solely for archival reference. It should not be treated as current guidance, or relied upon now. The Note outlines the context and the substance of the two-year, voluntary pilot in summary assessment proceedings (the summary assessment statement of costs pilot scheme, or the statement of costs for summary assessment) brought in by CPR PD 51X, which operated between 1 April 2019 and 31 March 2022. It addresses the background to the summary assessment statement of costs pilot under CPR PD 51X, with links to the electronic bill of costs that is compulsory for detailed assessment proceedings. It further identifies the duration of the pilot, confirming its application to every claim where costs were...
ARCHIVED : This Practice Note has been archived and is not maintained. This Note outlines the video hearings pilot that ran from 30 November 2018 to 30 November 2019, established by Practice Direction 51V. It allowed applications to set aside default judgments under CPR 12 to be dealt with by a video hearing. It applied only where the County Court had entered a default judgment for a specified sum of money. Use was optional; it proceeded only if all parties consented and had the necessary IT equipment. HMCTS released a newsletter giving details of the pilot. The 101st Practice Direction Update set out the pilot in its schedule. What is the purpose of the pilot scheme? The aim was to test a procedure for hearing applications to set aside default judgments entered under CPR 12 via an internet-enabled video link, to be referred to as a video hearing (...
ARCHIVED : This Practice Note is archived and no longer maintained. From January 2019, a compulsory two-year disclosure pilot will operate in the Business and Property Courts, directed by the provisions of the new CPR PD 51U, and will be mandatory. Practitioners should begin considering the pilot’s requirements now, and may need to take steps ahead of next year when managing live or threatened proceedings, including preparatory measures and planning. These FAQs highlight practical questions that may arise in the run-up to the disclosure pilot before January 2019, to assist with immediate considerations. For guidance on the disclosure pilot scheme, see: Disclosure pilot scheme—overview now. Will the disclosure pilot scheme apply to proceedings that are currently ongoing/were commenced before January 2019? Yes—the disclosure pilot scheme will extend to proceedings already on foot, and not merely newly issued. Accordingly, if your present matter falls within the pilot, the...
This Practice Note outlines details of the non-disclosure orders information scheme (formerly known as the non-disclosure injunctions information collection scheme). It clarifies what it is and when and how it operates. What is this? The non-disclosure injunctions information collection scheme (the Scheme) came into effect on 1 October 2012 as a pilot, created to gather information on non-disclosure injunctions (including anonymised orders and super-injunctions, also termed ‘privacy injunctions’). Prompted by concerns raised in Parliament and the media about the lack of dependable data on the number of super-injunctions and anonymised injunctions sought and granted in privacy proceedings, Lord Neuberger MR convened a committee. In May 2011, that committee published the ‘ Report of the Committee on Super- Injunctions’. Following this report, the following was issued: Practice Guidance—applicable when seeking interim non-disclosure orders. The Practice Guidance sets out recommended practice regarding any application for interim...
What is CPR Part 8? There are broadly two routes to commence proceedings: one follows the process in Part 7 of the Civil Procedure Rules ( CPR); the other adopts the alternative process in CPR Part 8. This Practice Note addresses the latter. It is aimed at securing a clear ruling on a carefully formulated issue, rather than purely testing contested facts. The Part 8 route is adaptable and can accommodate a variety of disputes. Parties may resort to it where they seek the court’s guidance, approval of an agreement or decision, or where there is a dispute on a point of law or on the interpretation of a document or statute. A claimant may, unless an enactment, rule or practice direction provides to the contrary, employ the Part 8 procedure to obtain the court’s determination of a question that is unlikely to involve a...
Stop press: Applications cannot be made under Part 68. This Practice Note outlines the CPR 68 provisions that were due to take effect on Tuesday, 1 October 2024, coinciding with commencement of The Civil Procedure ( Amendment No. 3) Rules 2024, SI 2024/839. The functioning of Part 68, however, was contingent on sections 6A, 6B and 6C of the European Union ( Withdrawal) Act 2018 also commencing on that date. Those sections did not commence because The Retained EU Law ( Revocation and Reform) Act 2023 ( Commencement No 2 and Saving Provisions) ( Revocation) Regulations 2024, SI 2024/976, published on 26 September 2024 and in force from 18 September 2024, revoked the regulations intended to bring the new sections 6A, 6B and 6C of the Withdrawal Act 2018 into force. The Government did not supply a reason at the time for revoking those...
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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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