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
ARCHIVED: This Practice Note has been archived and is no longer maintained. Coronavirus ( COVID-19) Lawyers worldwide have faced common concerns linked to the coronavirus ( COVID-19) pandemic. Several areas are especially pertinent to banking and finance lawyers. For fuller detail, see Practice Note: Coronavirus ( COVID-19) implications for Banking & Finance lawyers, with news, practical guidance and analysis on COVID-19 developments. This Practice Note highlights the key issues for trade and commodity finance during the COVID-19 outbreak. For general lending issues arising from the outbreak, see Practice Notes: Coronavirus ( COVID-19)—implications for lending transactions and Coronavirus ( COVID-19)— Banking & Finance frequently asked questions [ Archived]. International Chamber of Commerce ( ICC) guidance on its rules In April 2020, the ICC issued a guidance paper on the impact of COVID-19 on trade finance transactions subject to ICC rules. It offers technical guidance to the market on: force...
What is the background to the temporary changes to the wrongful trading regime? The coronavirus ( COVID-19) outbreak, along with the lockdowns and social distancing measures mandated by the UK Government, has continued to inflict severe strain on numerous businesses and the wider economy. When the first national lockdown was declared in March 2020, the Government rolled out a range of legislative and financial measures aimed at supporting businesses and keeping large areas of the private sector going. As part of this programme of reform, the Corporate Insolvency and Governance Act 2020 ( CIGA 2020) received Royal Assent on 25 June 2020. For further guidance for restructuring and insolvency professionals, see: Coronavirus ( COVID-19)— Restructuring & Insolvency—overview. Directors of companies in financial distress face a host of practical and legal issues, including the possibility of personal liability. A major concern is exposure to wrongful trading claims under...
Temporary changes to Statutory Sick Pay ( SSP) During the coronavirus ( COVID-19) pandemic, the government brought in several temporary measures governing access to Statutory Sick Pay ( SSP) and the underlying SSP rules. Following the decision to lift coronavirus restrictions in 2022—and, in particular, the publication of the plan for living with COVID-19 on 21 February 2022—those measures have been rolled back. The temporary SSP changes introduced during the pandemic, together with a brief summary of how they were withdrawn, are set out below: Individuals who self-isolated or were required to shield at various times due to coronavirus could be treated as incapable of work and, therefore, entitled to SSP (see: SSP entitlement extended to those who self-isolate below). These deeming provisions were revoked by the Statutory Sick Pay ( General) ( Coronavirus Amendment) Regulations 2022, SI 2022/380, with effect from 25 March 2022 (see: LNB News...
This Archived Practice Note This archived guidance reviews the effect and implications of section 78 of the Coronavirus Act 2020 ( CA 2020), operative from 25 March 2020 until 7 May 2021. Intended as a short-term measure, these provisions supported streamlined, effective and efficient local authority meetings during the coronavirus outbreak, and were widely regarded in practice as a successful way to ensure councils could continue to hold formal council and committee sessions, enabling remote access for members of the public where appropriate. This Practice Note is for information only and is not maintained. As part of the nationwide response to coronavirus ( COVID-19), local authorities delivered a broad spectrum of essential and supplementary duties, while also playing a key role in local resilience planning and the ongoing provision of local services during this period. Together with measures allowing the deferral of elections and...
ARCHIVED: This Practice Note has been archived and is not maintained. This archived Practice Note is no longer updated or maintained. It examines the effect of the coronavirus ( COVID-19) pandemic on probate practice and offers guidance and answers to key issues encountered by practitioners during the peak periods of 2020 to 2022. Although derived from some of our Q& As, the most up-to-date guidance and updates were contained here. It has not been revised since the relaxation of government restrictions in 2022 and is no longer maintained. For guidance on coronavirus impacts in other areas relevant to Private Client practitioners, see: Coronavirus ( COVID-19) and Private Client—overview. What happens when the family of a deceased person are unable to register the death and make funeral arrangements due to being house-bound? On 17 March 2020, the government issued guidance on emergency coronavirus...
ARCHIVED: The Coronavirus ( COVID-19) pandemic created significant challenges for employers engaged in pension schemes. This archived Practice Note explains the effects of coronavirus on employers participating in pension schemes, including their automatic enrolment duties and the stance taken by the Pensions Regulator. It also summarises government measures introduced to ease pensions-related pressures (for example, the Coronavirus Job Retention Scheme ( CJRS), the Corporate Insolvency and Governance Act 2020 and the Kickstart Scheme), alongside the pensions implications of emergency volunteering leave ( EVL) and employers’ obligation to initiate claims following the deaths of certain keyworkers under the NHS and Social Care Coronavirus Life Assurance Scheme 2020. It is not maintained. The Pensions Regulator’s general approach The Pensions Regulator ( TPR) adopted a proportionate, risk‑based stance to its enforcement decisions, aiming to help employers restore compliance while protecting both employers and savers. In line with this...
ARCHIVED : This Practice Note has been archived and is not maintained . The table below outlines key publicly available details on the practical impact of the coronavirus ( COVID-19) pandemic on arbitration proceedings run by and/or under the rules of several leading arbitral institutions and associations. In this context, we have centred on selected key arbitral organisations for which our service provides practical guidance. The positions and guidance issued by these organisations continue to develop in response to the pandemic. Consequently, whilst this content is maintained, practitioners should verify the very latest information relevant to their proceedings, particularly as website updates by organisations may trail behind changes in policy and procedure. It should also be noted that some organisations do not provide information on current status on their websites. Accordingly, from a practical standpoint, where uncertainty arises it will generally be prudent to...
ARCHIVED: This Practice Note is archived and is no longer maintained... This Practice Note examines the implications for PI and clinical negligence practitioners arising from temporary rules and guidance introduced following the coronavirus ( COVID-19) pandemic. It should be read alongside the following archived Practice Notes: Coronavirus ( COVID-19) implications for dispute resolution [ Archived] Coronavirus ( COVID-19) civil court specific guidance—dispute resolution [ Archived] Case management of personal injury claims See also Practice Note: Coronavirus ( COVID-19) implications for dispute resolution [ Archived]— Case progression and management. The Association of Personal Injury Lawyers ( APIL) and the Forum for Insurance Lawyers ( FOIL) issued best practice guidance to assist claimant and defendant representatives managing personal injury claims during the coronavirus pandemic. The agreement commenced on 31 March 2020 and, subject to periodic review, continues to operate. Compliance with the CPR remains...
ARCHIVED: This Practice Note is archived and no longer maintained. Introduction We are confronted with a new life‑threatening virus, spreading rapidly across the globe, for which there is currently no effective therapy or vaccine. Encouragingly, this emergency has prompted a surge of innovation and product development, buoyed by remarkable generosity from pharmaceutical and medical device businesses that are combining resources, opening access to relevant intellectual property ( IP) and providing products free of charge or at cost. While such unprecedented IP sharing is highly praiseworthy in addressing the pandemic, organisations should carefully consider how their IP is protected and disseminated to avoid harmful repercussions for their IP rights and for sustainable product development over the longer term. Companies should also note that some governments are contemplating drastic steps, including compulsory licensing, to permit third parties to use new technologies without infringing patents. This is...
This Practice Note is archived and no longer updated. It addresses the impact on restructuring and insolvency court business arising from temporary measures introduced due to coronavirus ( COVID-19). For the implications for litigation more generally, see Practice Note: Coronavirus ( COVID-19) implications for dispute resolution [ Archived]. Are the courts operating normally? The Supreme Court continues to deal with cases, with both hearings and judgments taking place either in person or via remote participation. The Court of Appeal building is open during the hours of 10 am to 4.30 pm ( Monday to Friday). From 14 February 2022, e-filing is compulsory for legally represented parties in the Court of Appeal—see LNB News 14/02/2022 58. The RCJ remains open, including the Fees Office. Fees can also be paid by telephone between the hours of 10 am and 4 pm, or by email (...
To lessen the medium- and long-term economic fallout from actions taken to curb the coronavirus ( COVID-19) pandemic, EU Member States have rolled out a wide spectrum of support. Frequently, these include some form of moratorium on credit repayments, aimed at easing borrowers’ short‑term liquidity and operational pressures. In the UK, lenders and the Financial Conduct Authority ( FCA) have introduced measures to assist both consumers and businesses during the pandemic. The FCA has published temporary guidance enabling firms to act at pace to deliver swift, time‑limited support to customers, at unprecedented scale, as the virus and the government’s response continue to evolve. This short‑term help is intended to bridge the crisis and help consumers regain their footing. This Practice Note This Practice Note summarises the FCA’s temporary guidance setting out its expectations for firms supporting consumer credit, overdraft, and mortgage customers facing temporary payment...
This Practice Note is archived and not maintained. This Practice Note sets out the changes and disapplications brought in by the: Early Years Foundation Stage ( Learning and Development and Welfare Requirements) ( Coronavirus) ( Amendment) Regulations 2020, SI 2020/444 Early Years Foundation Stage ( Learning and Development and Welfare Requirements) ( Coronavirus) ( Amendment) ( No 2) Regulations 2020, SI 2020/939 Early Years Foundation Stage ( Learning and Development Requirements) ( Coronavirus) ( Amendment) Order 2021, SI 2021/234 to the: Early Years Foundation Stage ( Learning and Development Requirements) Order 2007, SI 2007/1772 Early Years Foundation Stage ( Welfare Requirements) Regulations 2012, SI 2012/938 The Early Years Foundation Stage ( EYFS) statutory framework sets the standards all early years providers must meet so children aged 0 to 5 learn and develop well, while staying healthy and safe. As part of the...
ARCHIVED: This Practice Note is archived, not updated, and provided solely for background reference This Practice Note reviews how the coronavirus ( COVID-19) pandemic affects Court of Protection and mental capacity practice, with particular attention to the following: Guidance from the Court of Protection regarding the coronavirus pandemic Operation of the Court of Protection during the coronavirus pandemic Office of the Public Guardian guidance on the coronavirus pandemic Advice on visiting care homes during the pandemic Mental capacity, vaccination and coronavirus testing Department of Health and Social Care and Court of Protection guidance on deprivation of liberty during the pandemic Frequently asked questions Court of Protection guidance on the coronavirus pandemic The Vice- President of the Court of Protection, Mr Justice Hayden, together with other senior members of the judiciary, issued multiple pieces of guidance for judges and...
ARCHIVED: This archived Practice Note is no longer updated and is supplied solely for background and reference purposes only. What is the background to the changes? The coronavirus ( COVID-19) outbreak, together with the ensuing lockdowns and social distancing rules brought in by the UK government, has had a significant impact on companies and the wider economy. On 20 March 2020, ministers ordered the closure of businesses such as restaurants, pubs and leisure centres, and by 23 March 2020 a nationwide lockdown was in place, putting vast areas of the private sector into a deep freeze. Compulsory shutdowns have imperilled the finances of many once-viable firms, and for enterprises already under pressure they proved to be the final straw. To soften the economic fallout of coronavirus and keep the economy on basic life support, the government rolled out a suite of...
ARCHIVED: This Practice Note is archived, not kept up to date, and provided for background purposes only. It reviews the effect of the coronavirus ( COVID-19) pandemic on charities and offers responses or steers on principal issues arising for practitioners, and related practical questions. The most recent guidance and updates will be set out in this Practice Note. For advice on other matters affecting Private Client practitioners as a consequence of coronavirus ( COVID-19), consult the Coronavirus ( COVID-19) subtopic for fuller coverage. How will charities ensure that they are properly governed if trustees and staff are not able to work or meet in light of coronavirus ( COVID-19)? This Q& A was prepared with Sam Macdonald and Laetitia Ransley of Farrer & Co. Over the coming months, many charities have board or general meetings planned and may question what measures to adopt to observe social...
UPDATE (22/2/22): Following the Prime Minister’s statement on 21 February 2022, the Cabinet Office has released the government’s COVID-19 Response: Living with COVID-19, setting out the plan to remove the remaining domestic legal coronavirus ( COVID-19) restrictions in England from 24 February 2022. For more information, see: LNB News 22/02/2022 8 and News Analysis: Coronavirus ( COVID-19)— How should employers respond to the scrapping of self-isolation rules? For the position from 24 February, refer to Practice Note: Living with coronavirus ( COVID-19) in the workplace from 24 February 2022 [ Archived]. This Practice Note is archived and no longer maintained. It captures the approach under the Cabinet Office COVID-19 Response: Autumn and Winter Plan 2021 and the guidance on staying safe and helping to reduce transmission prior to the 24 February 2022 changes. For details of the position from 24 February 2022, see Practice Note: Living with...
UPDATE (30/11/21): On 27 November 2021, the Prime Minister outlined new, temporary steps following the identification of Omicron cases in the UK. Travel restrictions now affect arrivals from Southern Africa, with several nations added to the red list. Moreover, from 30 November all international arrivals—regardless of where they have travelled from—must take a Day 2 PCR test and self-isolate until a negative result is received. For further details, see Practice Note: Coronavirus ( COVID-19)—sickness and other absence [ Archived]. Measures to limit the spread within the UK from 30 November include: Face coverings are mandatory in shops and in other venues such as banks, post offices and hairdressers, and on public transport (but not in hospitality), under the Health Protection ( Coronavirus, Wearing of Face Coverings) ( England) Regulations 2021, SI 2021/1340. All contacts of suspected Omicron cases must self-isolate for ten days,...
UPDATE (22/2/22): Following the Prime Minister’s 21 February 2022 announcement, the Cabinet Office has issued the government’s COVID-19 Response: Living with COVID-19, outlining the intention to lift the remaining domestic coronavirus ( COVID-19) legal restrictions in England from 24 February 2022. For details, see: LNB News 22/02/2022 8 and News Analysis: Coronavirus ( COVID-19)— How should employers respond to the scrapping of self-isolation rules? This Practice Note has been archived and is no longer updated. It captures the position under the COVID-19 Response: Autumn and Winter Plan 2021 and Cabinet Office advice on staying safe and limiting transmission between 30 November 2021 and 23 February 2022. For the approach from 24 February 2022, refer to Practice Note: Living with coronavirus ( COVID-19) in the workplace from 24 February 2022 [ Archived]. See also...
ARCHIVED: Practice Note on Wills and coronavirus ( COVID-19) This archived Practice Note examines how the coronavirus ( COVID-19) pandemic affects Wills and provides guidance on principal issues for practitioners. The most up-to-date advice and revisions are contained within this Practice Note. Areas and Q& As covered Will execution Which formalities for a valid Will create particular challenges during the coronavirus ( COVID-19) period, and what alternatives might be available? Are there discussions or consultations on relaxing the formalities for a valid Will—especially the requirement for two witnesses—during the coronavirus ( COVID-19) pandemic? This includes the Wills Act 1837 ( Electronic Communications) ( Amendment) ( Coronavirus) Order 2020, which provides that Wills witnessed remotely via video technology are valid. Will drafting ...
This tracker was designed to monitor key developments, legislation, guidance, parliamentary briefing notes and other materials of interest concerning social housing provision during the coronavirus ( COVID-19) pandemic up to the so‑called ‘freedom day’ of 18 July 2021. For the latest guidance, see Practice Notes: Coronavirus ( COVID-19)—local government tracker—post July 2021 and Coronavirus ( COVID-19)—implications for property [ Archived]. Primary legislation Development Coronavirus Act 2020 ( CA 2020) CA 2020, s 81 (residential tenancies in England and Wales: protection from eviction) CA 2020, Sch 29 (residential tenancies in England and Wales: protection from eviction) When in force Took effect on the day CA 2020 was passed (25 March 2020) Find out more Analysis of the impact of Coronavirus Act 2020 on housing possessions and local authorities. Sarah Cummings, senior associate, and Giles Peaker, partner, at Anthony Gold Solicitors, examine CA 2020 in relation to housing possessions, its...
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
