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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. The Government’s measures to curb the spread of coronavirus ( COVID-19) shifted substantially over the course of the pandemic—from a national lockdown to more nuanced action in areas with higher transmission—so keeping abreast of them can be difficult for practitioners and their clients. This Practice Note is intended as a reference point for the various restrictions that applied in England to licensed premises. For the national restrictions during the initial response to the pandemic, see Practice Note: Impact of coronavirus ( COVID-19) on Licensing [ Archived]. For the current restrictions in force, see Practice Note: Coronavirus ( COVID-19)—keeping up with restrictions for licensed premises in England [ Archived]. National restrictions from 5 November to 2 December With coronavirus cases rising rapidly across the whole of the UK and in other countries, the...
Practice Note The coronavirus ( COVID-19) pandemic has significantly affected the insurance market and policyholders. The Financial Conduct Authority’s ( FCA) widely publicised test case ( The Financial Conduct Authority v Arch Insurance) on coronavirus business interruption cover has removed some obstacles to settling direct business interruption claims, yet important questions about interruption losses remain unanswered. A range of other insurance classes impacted by coronavirus are likewise generating substantial losses for insurers. Many such losses have been placed into reinsurance, including exposures arising from overseas jurisdictions. Challenging issues continue to emerge around how these losses respond under reinsurance, which remain to be determined at the reinsurance layer. The resolutions will identify which reinsurers ultimately meet the cost of coronavirus reinsurance claims and how much of the coronavirus insurance burden stays with direct insurers. This Practice Note explores several issues confronting cedants (the...
Archived tracker This archived tracker is designed to monitor the principal developments, legislation, guidance and briefing notes linked to the coronavirus ( COVID-19) response, concentrating on updates pertinent to local government from 19 July 2021 through to November 2021. It is set out by month with the latest developments first. For a current tracker, see: Coronavirus ( COVID-19)—local government tracker—post December 2021. This focuses on updates relevant to local government during this period only. November 2021— England Development Date Find out more The Joint Committee on Vaccination and Immunisation announced updated advice, widening eligibility for a booster vaccine to include people aged 18–39. 30 November 2021 Coronavirus ( COVID-19)— JCVI publishes advice on vaccine boosters The Joint Committee on Vaccination and Immunisation ( JCVI) has issued new guidance, expanding the booster offer to those aged 18–39. As set out by JCVI, boosters will be provided in...
ARCHIVED : This Practice Note has been archived and is not maintained. Coronavirus ( COVID-19) poses an unparalleled test to the global life sciences sector. UK and EU regulators are issuing frequently updated guidance as the situation develops, and are supporting research and development aimed at limiting the spread’s impact. This Practice Note outlines how UK and EU authorities are responding in relation to: clinical trials and regulatory inspections maintaining continuity of supply for medicinal products and medical devices deferral of the application of Regulation ( EU) 2017/745 (consolidated 24.04.2020), the Medical Devices Regulation ( MDR) It also highlights major R& D initiatives across the UK and EU, and summarises European Commission guidance on collecting and transfusing convalescent COVID-19 plasma. For sector-specific developments and updates on coronavirus, see the Practice Notes: Coronavirus ( COVID-19)— EU life sciences tracker [ Archived] and Coronavirus ( COVID-19)— UK life sciences tracker [...
ARCHIVED: This Practice Note has been archived, is no longer updated, and is provided for background only. It examines how the coronavirus ( COVID-19) pandemic affects contentious trusts and estates. For broader guidance on dispute resolution, see Practice Note: Coronavirus ( COVID-19) implications for dispute resolution [ Archived]. The six-month time limit to make a claim under the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) is due to expire shortly, but I am concerned that it might not be possible to engage with the other side and I am concerned about issuing the claim due to potential coronavirus ( COVID-19) related issues. What should I do? As a rule, proceedings under the Inheritance ( Provision for Family and Dependants) Act 1975 should be started within six months from the date a grant is issued in relation to the...
ARCHIVED: This Practice Note has been archived and is not maintained This tracker recorded key developments, legislation, guidance and briefing notes relating to the response to coronavirus ( COVID-19) in 2020, concentrating on education-related updates. It provides a historical record of the legislation and guidance that were in place and used during that time. For a navigational list of all local government coronavirus trackers, see: Coronavirus ( COVID-19)—local government tracker up to 18 July 2021 [ Archived]. Primary Legislation Coronavirus Act 2020 ( CA 2020) CA 2020, ss 37–38 (schools, childcare providers etc) CA 2020, Sch 16 Pt 1 (temporary closure of educational institutions and childcare premises) In force: 25 March 2020 Development: Emergency measures in operation and...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker monitors key developments, legislation, guidance and other materials of interest on coronavirus ( COVID-19) and judicial review. It offers lawyers a straightforward point of reference for relevant content during the COVID-19 outbreak. Practice Directions Practice Direction 51ZA— Extension of time limits and clarification of Practice Direction 51Y Date: 2 April 2020 A new Practice Direction 51ZA on extensions of time took effect on 2 April 2020. On 1 April 2020, the Ministry of Justice issued the 118th update—practice directions amendments—introducing this additional coronavirus-related direction. It also clarifies Practice Direction 51Y, which commenced on 25 March 2020. See News Analysis: Coronavirus ( COVID–19)—new Practice Direction 51ZA (118th update)—2 April 2020. Practice Direction 51Y— Video or audio...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explores how temporary COVID-19 measures affect dispute resolution. It is intended to help dispute resolution practitioners grasp changes to civil court procedures and processes during the pandemic, and how those shifts, and the pandemic, may influence their practice and individual cases. It addresses the practical impact of coronavirus on key litigation steps and concepts. Read alongside: Coronavirus ( COVID-19) civil court specific guidance—dispute resolution [ Archived], giving further guidance for particular courts SCCO guidance for detailed assessment from 1 August 2020 This Practice Note provides ‘matter-neutral’ guidance on the procedural effects of the coronavirus for dispute resolution in England and Wales. For substantive and ‘matter-specific’ consequences of the coronavirus, see: Contract breach and termination— Coronavirus ( COVID-19) and contractual...
ARCHIVED: This archived Practice Note is designed to support dispute resolution practitioners in staying up to date and understanding the effects of the fast-moving developments associated with the coronavirus ( COVID-19) outbreak on processes and procedures in the civil courts of England and Wales. It brings together a series of frequently asked questions, organised by relevant topics. This Practice Note should be read alongside the following Practice Notes: Coronavirus ( COVID-19) implications for dispute resolution [ Archived] Coronavirus ( COVID-19) civil court specific guidance—dispute resolution [ Archived] Attending court during coronavirus See Practice Note: Coronavirus ( COVID-19) implications for dispute resolution [ Archived]— Attending court. Q& As Coronavirus ( COVID-19)—how do we contact courts that are now ‘temporarily suspended’ but were handling ongoing and/or urgent applications? A key witness (factual and/or expert), counsel, or instructing solicitor is unable or unwilling to travel to,...
Business interruption insurance This form of cover is commonly packaged and sold within standard commercial property policies. Ordinarily, business interruption protection only responds when disruption to, or interference with, operations directly stems from physical damage to insured property at the insured location. Some wordings, however, add ‘non-damage’ extensions that insure loss of income in other scenarios— for example, where entry to, or use of, the business premises is temporarily blocked or materially impeded by circumstances not involving property damage. In March 2020, after the coronavirus ( COVID-19) lockdown, numerous firms sought to claim for such losses under their business interruption insurance, yet few received indemnity, largely because of uncertainty over how non-damage extensions should react to a nationwide outbreak of infectious disease. The Financial Conduct Authority ( FCA), in consultation with policyholders and insurers, commenced and pursued a test case under the...
ARCHIVED: This Practice Note addresses the first-instance decision in The Financial Conduct Authority v Arch Insurance. It is archived and no longer maintained. For material on coronavirus ( COVID-19) and business interruption insurance, including discussion of The Financial Conduct Authority v Arch Insurance, refer to Practice Note: Coronavirus ( COVID-19)— FCA non-damage business interruption insurance test case [ Archived]. STOP PRESS: the decision in The Financial Conduct Authority v Arch Insurance was delivered on 15 January 2021; see LNB News 15/01/2021 107. Business interruption insurance has commonly been marketed as an extension to commercial property cover. Typically, such insurance requires losses to arise from damage to insured property. There is, however, no uniform wording for business interruption insurance, and some insurers provided policies with further triggers for cover, such as denial of access or closure by a public authority. Many businesses have attempted to claim under their...
Coronavirus ( COVID-19)—impact on private M& A transactions [ Archived] ARCHIVED: This archived Practice Note examined how the coronavirus ( COVID-19) pandemic affected private M& A (share purchase or asset purchase) deals. It has not been revised since May 2022. Factors affecting deal activity For the duration of the coronavirus ( COVID-19) outbreak, many strands of corporate law will be influenced, shaping the work of legal practitioners and their clients. The effects on private M& A transactions are likely to extend beyond the pandemic’s immediate timeframe, given the wider repercussions for the economy and for individual businesses. Direct consequences arising from the pandemic include: financial viability of pursuing an acquisition—amid the economic turmoil and global shock, can buyers access the requisite funds to complete a private M& A deal? A prospective purchaser may prefer to preserve or strengthen cash reserves, rather than hunt for...
ARCHIVED: This Practice Note is archived and is no longer maintained Coronavirus ( COVID-19) Lawyers across the globe have been addressing shared concerns linked to the coronavirus ( COVID-19) outbreak. Several issues are especially pertinent for banking and finance practitioners. For additional detail and commentary, see Practice Note: Coronavirus ( COVID-19) implications for Banking & Finance lawyers, which is updated frequently with news, practical guidance and analysis on the impact of COVID-19 developments. This Practice Note sets out governmental and regulatory actions taken in response to the pandemic from a lending standpoint, the effects on facility agreements—viewed from both borrower and lender perspectives—and a series of practical considerations relating to executing transactions. We have compiled COVID-19 FAQs, bringing together common questions that may arise on lending deals during the crisis. We add to this list on a regular basis. To access the questions, see Practice Note:...
ARCHIVED: This Practice Note has been archived and is not maintained. Amid the coronavirus ( COVID-19) emergency, the government introduced a range of measures connected to the UK tax framework. For further information, see Practice Note: Coronavirus ( COVID-19)—tax implications [ Archived]. This Practice Note gives a high-level overview of how the pandemic influenced existing tax-advantaged share schemes and triggered updates to HMRC guidance and legislation. It also examines how companies approached underwater share options and performance conditions rendered unsuitable by the ensuing economic environment. These points are relevant to all share plans. The coronavirus job retention scheme ( CJRS) and the Job Support Scheme ( JSS) The Coronavirus Job Retention Scheme ( CJRS), first announced on 20 March 2020, supported UK employers with grants enabling them to continue paying up to 80% of salary not worked (capped at £2,500 per employee per month) for staff placed on...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note reviews key considerations and implications for IP practitioners during the coronavirus ( COVID-19) pandemic. It also provides a table archiving news on coronavirus and developments linked to IP. For analysis on the pandemic’s effect on IP strategy and practice, see News Analysis: Coronavirus ( COVID-19)—the impact on IP strategy and practice. IP deadlines and procedures In light of the coronavirus outbreak and social distancing guidance, offices closed and some postal services were suspended. In response, the UK Intellectual Property Office ( IPO), World Intellectual Property Office ( WIPO), European Patent Office ( EPO) and EU Intellectual Property Office ( EUIPO) announced changes to various IP deadlines and procedures. These updates are tracked in the IP coronavirus tracker below, and the IPO, WIPO, EPO and EUIPO have set up dedicated,...
ARCHIVED : This Practice Note has been archived and is not maintained. The government set out a series of actions in response to the coronavirus ( COVID-19) emergency. For more information, see the following Practice Notes: Coronavirus ( COVID-19)—tax implications [ Archived] Coronavirus ( COVID-19)—key issues for Corporate lawyers This Practice Note offers a high-level overview of how the coronavirus situation affected executive remuneration and monitors updates issued by the government and the principal institutional investor organisations. For wider coverage of the impact on share plans, refer to Practice Note: Coronavirus ( COVID-19) impact on share schemes. For broader background on the leading institutional investor bodies, see Practice Notes: Directors’ remuneration—institutional investor guidelines and Comparison of UK Corporate Governance remuneration principles. The coronavirus job retention scheme and the Job Support Scheme ( JSS) The Coronavirus Job Retention Scheme ( CJRS), first announced on 20 March 2020,...
ARCHIVED: This note is archived and is no longer being maintained. It will not be updated further accordingly. This Practice Note explores how the coronavirus ( COVID-19) outbreak affects the debt capital markets ( DCM) and offers practical pointers for DCM lawyers. For continuing updates with news and analysis on issues relevant to DCM, see: Practice Note: Coronavirus ( COVID-19)—implications for Banking & Finance lawyers— Debt capital markets. Coronavirus ( COVID-19) Lawyers worldwide have been tackling shared areas of concern arising from the coronavirus ( COVID-19) pandemic. Several topics are of particular importance to banking and finance lawyers. For deeper detail and analysis, see Practice Note: Coronavirus ( COVID-19) implications for Banking & Finance lawyers, which is updated regularly with news, practical guidance and analysis on COVID-19 developments, and covers subjects such as force majeure in lending transactions and execution of documents, while also setting out the...
ARCHIVED: This Practice Note is archived and is no longer maintained. Lawyers worldwide have been contending with overlapping concerns arising from the coronavirus ( COVID-19) outbreak. Several themes are of acute significance for banking and finance practitioners. For expanded guidance and commentary, consult Practice Note: Coronavirus ( COVID-19) implications for Banking & Finance lawyers. It provides news, practical guidance and analysis on the effects of COVID-19 developments, and examines topics including force majeure, signing of documents, Brexit and LIBOR, as well as setting out consequences for a range of banking and finance transactions of different kinds. In addition, see Practice Note: Coronavirus ( COVID-19)—implications for lending transactions, which also highlights governmental and regulatory measures responding to the pandemic from a lending angle, consequences for facility agreements from both borrower and lender viewpoints, and various practical points in relation to completing deals and...
While the Investigatory Powers Act 2016 ( IPA 2016) repealed and superseded most of the Regulation of Investigatory Powers Act 2000 ( RIPA 2000), it leaves untouched the framework for the use of covert intelligence sources, which continue to be controlled by RIPA 2000. The Covert Human Intelligence Sources ( CHIS) Code of Practice sets out guidance on authorising the use or conduct of CHIS by public authorities under RIPA 2000, s 29, and on Criminal Conduct Authorisations under RIPA 2000, s 29B, together with direction on managing any information obtained under a CHIS authorisation. It should be read alongside the statute when assessing any request for surveillance. All RIPA 2000-related codes of practice are admissible in both criminal and civil proceedings and, where a provision appears relevant to proceedings under RIPA 2000, it must be considered. Public authorities may need to defend...
Covenants for title Where a property is disposed of (by conveyance, transfer or charge), the disponor will in most cases give a title guarantee, which carries with it the usual covenants for title. Although a landlord can give a title guarantee on the grant of a lease, in practice this happens infrequently. For this Practice Note, we describe the parties as the seller and the buyer, and call the instrument that effects the disposition the transfer. Covenants for title operate as warranties; they are contained in sections 1–13 of the Law of Property ( Miscellaneous Provisions) Act 1994 ( LP( MP) A 1994) and they apply to transactions of both freehold and leasehold land. Despite often being treated as boilerplate, it remains essential that both buyer and seller understand the impact of title guarantees and the implied covenants, the ways they apply in various...
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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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