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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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ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note is intended for mediations where the transitional conditions in Article 69 of the Withdrawal Agreement between the UK and the EU were satisfied on or before IP completion day (ie 31 December 2020, 11 pm), so that the mediation falls within the scope of the Mediation Directive 2008/52/ EC. For further guidance on those transitional requirements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived]— Mediation. Where those requirements are met, UK domestic legislation preserves the continued application of specified parts of the civil procedure rules that were otherwise revoked or amended as of 31 December 2020, at 11 pm, including old Part 78 referred to throughout this Practice Note. For further guidance, see Practice Note: Brexit post...
This Practice Note is for you if you need to keep matters as they are and either prevent, or receive notice of a proposed, dealing with securities, or stop any dealing with funds in court. According to the situation, you may achieve this by applying for any of the following: a charging order against securities or funds in court a stop order over securities or funds in court a stop notice concerning securities (a stop notice is not available over funds held in court) These remedies are governed by the Charging Orders Act 1979 ( COA 1979), CPR 73 and CPR PD 73. This Practice Note explains how the relevant CPR provisions should be interpreted and applied. Depending on which court is handling your case, you may also need to consider additional requirements—see further under: Court specific guidance...
ARCHIVED: Note This Practice Note sets out guidance on provisions that came into force on 1 April 2013. It deals solely with the amendments to CPR 35.4. For guidance on the introduction of concurrent expert evidence (also brought in under the Jackson Reforms) or on expert evidence generally, see: Hot-tubbing ( Concurrent expert evidence) and Experts' meetings and joint statements respectively. You should also have regard to all relevant provisions contained in any applicable court guide. See: Court guides and other guidance. NOTE: This Practice Note provides a summary of the amendment to CPR 35.4 that took effect on 1 April 2014. It does not address developments since that date and is, therefore, not maintained. Lord Justice Jackson's recommendations—effective case management Lord Justice Jackson identified expert evidence as an area where litigation costs could be markedly reduced. He noted that if expert reports are...
ARCHIVED: This archived Practice Note is not maintained and is provided solely for background information. Moreover, some links may not direct you to the provisions as at the date the guidance in this Practice Note was published. Compliance and relief from sanctions cases 2016—what do you need to know? Although 2016 appears to have yielded fewer major decisions on non-compliance and relief from sanctions than 2015—perhaps indicating that practitioners are gaining a firmer grasp, from existing authorities, of the present form of CPR 3.9(1) and the court’s likely stance on defaults and applications for relief—there has nevertheless been a steady stream of such rulings......
This Practice Note examines when parties may agree to extend the period for complying with a rule, practice direction or court order that obliges them to take a step within a fixed timeframe and sets out the consequences of any default. For wider guidance on extensions of time, including matters falling outside CPR 3.8(4), see Practice Note: Extension of time. This Practice Note should also be read alongside material addressing the court’s response to party non-compliance and applications for relief from sanction arising from such breaches, which can be found in: Compliance and relief from sanctions—overview. Agreeing an extension of time under CPR 3.8(4) CPR 3.8(4) allows the parties, by prior written agreement, to extend the deadline for performing an act specified by the CPR or a court order where the consequences of failure are prescribed. Any such extension is limited to a maximum of 28 days and...
Timetable or directions to review costs budgets Preparing a costs budget can be demanding, particularly in intricate matters where the kind and scale of work needed to advance or defend a claim may evolve over time. CPR 3.15(6) recognises this and allows the court to set a timetable or issue further directions for future budget reviews. This enables the parties to keep their budgets under ongoing review and, where suitable, to request amendments. When such directions are made, parties must diarise them and complete the reviews in accordance with those directions. Continual monitoring of cost budgets Once a costs budget is finalised and either agreed with the other side or approved by the court, the court will actively manage costs throughout the proceedings. Parties must therefore monitor spend against the budgeted figures for each phase to ensure they remain within limits. If actual costs exceed the...
This Practice Note summarises key and illustrative rulings on the use of the court’s discretionary power under CPR 3.1(7) to vary or revoke an order, covering: Instances where the court has varied or revoked an order under CPR 3.1(7) Instances where the court has refused to vary or revoke an order under CPR 3.1(7) For the governing principles and guidance on applying to vary or revoke under CPR 3.1(7), see Practice Note: Varying or revoking orders—court’s general power under CPR 3.1(7). For a tabular summary of the different CPR mechanisms for amending court orders, see: Judgments and orders—overview. Examples of when the court has varied or revoked an order under CPR 3.1(7) Case details Stockler v The Corporation of the Hall of The Arts and Sciences, 21 November 2025, County Court at Central London, Senior Courts Costs Office, [2025] EWHC 3080 ( SCCO) Key notes from the...
This Practice Note This Practice Note addresses how defended civil claims issued on or after 1 October 2023 are allocated by the court to the small claims track, fast track, intermediate track or multi-track. Explains the principal considerations the court applies when deciding allocation, including provisional allocation. Describes the contents of the court’s notice of proposed allocation ( NPA) and the possible penalties for non-compliance with the NPA. Identifies when a claim might be moved to a different track (re-allocation). Confirms that claims placed on the fast track or intermediate track are also given a complexity band, and outlines the different bands. Is intended to be read alongside Practice Note: Case management—allocation—the different case management tracks, which clarifies the meaning of ‘allocation’ and summarises the main features of the small claims track, fast track,...
Control of money recovered by a protected party Key terms in CPR 21 include: ‘lacks capacity’ means lacks capacity within the meaning of the Mental Capacity Act 2005 ( MCA 2005) a ‘protected party’ is a party, or intended party, who lacks capacity to conduct the proceedings ‘protected beneficiary’ describes a protected party who lacks capacity to manage and control the money recovered When damages are recovered for a protected party, whether after a settlement or at trial, the funds are not released to the protected party or their legal representatives immediately. Instead, they are dealt with in line with directions issued by the court. The fundamental position is that the court must determine what is to be done with the money. Before making any directions about control of the funds recovered on behalf of a protected party, the court must first decide...
This Practice Note explains the framework governing costs under the Civil Procedure Rules 1998 ( CPR), SI 1998/3132, and when those provisions apply to proceedings handled by family lawyers. It also addresses the factors the court considers when determining costs, the kinds of costs orders that can be made, fixed costs and costs budgeting. There are several circumstances in which the CPR costs provisions will apply to proceedings undertaken by family lawyers, rather than the costs provisions of the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. These include claims under the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996), the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) and, by incorporation, some aspects of financial remedy proceedings. See also Practice Note: Costs in family proceedings, in particular the section on...
ARCHIVED: This Practice Note has been archived, is not maintained and is supplied for background reference only. Additionally, certain links may not lead to the provisions as they existed on the date this guidance was published. For information on prior and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note outlines the CPR amendments taking effect on 10 January 2015 as provided in SI 2014/2948. These revisions are introduced so that the CPR account for the provisions of the Brussels I (recast) regulation, which will apply, subject to transitional arrangements, from 10 January 2015. Note: content within Lexis+® UK DR refers to the recast regulation as Brussels I (recast). The CPR provisions describe the same regulation as the Judgments...
ARCHIVED: This Practice Note is archived and not maintained. It considers key questions for international private client work arising from the coronavirus ( COVID-19) pandemic. Will days that an individual is forced to spend in the UK because of travel restrictions fall within the ‘exceptional circumstances’ exception under the statutory residence test? Day-counting is central to the statutory residence test ( SRT), which took effect on 6 April 2013 under the Finance Act 2013. Day totals are relevant to: all three automatic overseas tests the initial automatic UK tests assessing how many ties establish residence (the sufficient ties test) the 90-day tie the country tie split year treatment Under the basic rule, UK days can be ignored where a person is kept in the UK by factors outside their control. This may cover, for instance: sudden or...
ARCHIVED: This Practice Note is archived and no longer maintained. Last updated 30 June 2020. Scope of this tracker This document’s table reviews secondary issues by listed and AIM companies raising a minimum of £10m between 25 March and 30 June 2020, and examines the impact of the coronavirus ( COVID-19) crisis on equity fundraising. It focuses on deal structure and scale, including whether issuers relied on the Pre- Emption Group’s ( PEG) temporary relaxation of the recommended cap on non-pre-emptive offers, lifted to as much as 20% of issued share capital from 1 April 2020. Announcements relating to secondary issues The table records announcements of secondary capital raisings by listed and AIM companies made between 25 March 2020 and 30 June 2020 where at least £10m was sought. The tracker covers: Placings Offers for subscription Rights issues Open offers It also sets out:...
Background This archived Practice Note examined the effect and implications of the coronavirus ( COVID-19) pandemic on the preparation and filing of a company’s report and accounts. It has not been updated or otherwise revised since May 2022. Disclosure of principal risks The Companies Act 2006 ( CA 2006), the UK Corporate Governance Code ( UKCG Code) and the Disclosure Guidance and Transparency Rules ( DTRs) contain overlapping requirements obliging companies to disclose the principal risks facing their business in both annual and interim financial reports: the CA 2006 requires all UK incorporated companies (except for small companies) to prepare a strategic report for each financial year of the company. This report must include, among other things, ‘a fair review of the company’s business, and a description of the principal risks and uncertainties facing the company’ the UKCG Code requires the board of a...
This archived Practice Note examined the principal issues for Corporate practitioners arising from the coronavirus ( COVID-19) pandemic. It has not been revised since May 2022. General meetings and AGMs The coronavirus outbreak created immediate legal and practical challenges for companies intending to hold their annual general meeting ( AGM) or other general meetings. For more information, see Practice Note: Coronavirus ( COVID-19)—holding general meetings and AGMs. Latest guidance for company meetings in 2021 Chartered Governance Institute guidance for company meetings in 2021 On 24 February 2021, the Chartered Governance Institute ( CGI) issued updated guidance (the 2021 Guidance), anticipating that general meetings would need to be conducted on a closed basis until at least 17 May 2021, and potentially until at least 21 June, due to the government’s ‘stay at home measures’. The 2021 Guidance was produced by a working group comprising the City of London Law...
This archived Practice Note monitored the evolving position on holding valid and effective general meetings and annual general meetings during the coronavirus pandemic, alongside the restrictions implemented to contain it. For ongoing (post‑pandemic) guidance on convening and conducting hybrid general meetings and AGMs, see: How to call and hold an effective hybrid general meeting Holding entirely virtual or hybrid general meetings and AGMs For general guidance on calling and holding company meetings, see: Calling a general meeting (including an AGM) Holding a general meeting of a private company or unlisted public company Holding a general meeting of a listed public company Holding an AGM of a private company or unlisted public company Holding an AGM of a listed public company Pre-pandemic hybrid general meetings and AGMs Before the coronavirus pandemic, a number of FTSE 350 companies began...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note outlines the principal temporary alterations to company filings and related administrative processes arising from the coronavirus crisis. On 26 March 2021, Companies House confirmed that the automatic extensions under the Corporate Insolvency and Governance Act ( CIGA) 2020, which covered deadlines from 27 June 2020 to 5 April 2021 to ease pressure on companies during the coronavirus ( COVID-19) pandemic, would cease for any deadlines falling after 5 April 2021. These temporary allowances were designed to relieve the burden on companies during the coronavirus pandemic, but would not apply to any filings due beyond that point thereafter. From 6 April 2021 onwards, confirmation statements, accounts and event‑driven filings would no longer benefit from automatic extensions; any deadlines landing after that date revert to the usual timetable. Regarding mortgage charges, where an...
As a result of coronavirus ( COVID-19) pandemic Investment funds have grappled with both operational pressures and the fallout from sharp swings in international markets. The pandemic, together with pronounced volatility and the valuation challenges it sparked, has driven substantial market corrections and heightened liquidity risks, causing strain across various parts of the financial system, including certain areas of the investment fund industry. These developments are outlined in a joint committee report on risks and vulnerabilities in the EU financial system, released by the European Securities and Markets Authority ( ESMA) and the other European Supervisory Authorities ( ESAs) in September 2020. The Financial Conduct Authority ( FCA) has issued guidance setting out its expectations for funds in the context of coronavirus. It recognises the considerable difficulties firms face, yet still expects them to act in the best interest of their...
Coronavirus ( COVID-19)—implications for structured products and securitisation transactions [ Archived] ARCHIVED: This Practice Note has been archived and is no longer being maintained. This Practice Note explores how the coronavirus ( COVID-19) outbreak affects structured products and securitisation transactions, and provides practical pointers for lawyers working in these fields. For continuing news and analysis relevant to structured products and securitisation transactions, see Practice Note: Coronavirus ( COVID-19) implications for Banking & Finance lawyers. Coronavirus ( COVID-19) Lawyers worldwide are confronting a set of shared issues linked to the coronavirus ( COVID-19) pandemic. Several matters are especially pertinent to banking and finance practitioners. For deeper coverage and commentary, see Practice Note: Coronavirus ( COVID-19) implications for Banking & Finance lawyers, which is updated on a regular basis with news, practical guidance and analysis addressing the impact of COVID-19 developments, and includes topics such as force majeure in...
ARCHIVED: This Practice Note has been archived and is not maintained. EU and UK watchdogs have been tracking the effects of coronavirus ( COVID-19) on payment services and systems, seeking to ensure that consumers can keep making payments securely and safely throughout the pandemic. The outbreak has accelerated the uptake of contactless payments for users and businesses while drawing attention to concerns over access to cash. This Practice Note offers an overview of the impact of coronavirus on payment services and systems within the UK and EU. In the EU, on 25 March 2020 specifically, the European Banking Authority ( EBA) released a statement regarding payment issues in light of coronavirus. Among other points, the EBA urged payment service providers ( PSPs) to support measures that limit the spread of coronavirus. In the UK, the Financial Conduct Authority ( FCA) states it is in...
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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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