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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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Note: This Practice Note provides targeted guidance on cases in the Technology and Construction Court ( TCC) governed by CPR 60, CPR PD 60 and the TCC Guide. As these sit alongside the general CPR, it should be read with the wider materials on preparing for and attending trial, including Trial—overview, which in turn signposts detailed guidance on specific aspects of trial preparation and attendance. Shorter and flexible trials schemes—claims issued on or after 1 October 2015 in the TCC may qualify for, and/or be managed under, one or both of the schemes in CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For further detail, see the Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme. Electronic working—for guidance on e-working within the TCC, see Practice Note: TCC—starting a claim— High Court or County Court?—...
Key steps for compliance with Construction Pre- Action Protocol—checklist This Practice Note reviews the obligations under the second edition of the Pre- Action Protocol for Construction and Engineering Disputes (the Protocol) that parties must satisfy before commencing proceedings in construction or engineering disputes, including professional negligence claims against architects, engineers and quantity surveyors. It sets out the required documents and meeting, offers guidance and practical points for each stage, and addresses other aspects of the Protocol such as objections to jurisdiction, the use of expert evidence, and the scope to extend time for compliance. Issue a letter of claim Provide a letter of response Serve any reply to a counterclaim Attend a without prejudice meeting A concise overview of the essential actions is provided in: Key steps for compliance with Construction Pre- Action Protocol—checklist. Parties need not follow the Protocol if they agree otherwise, or where a...
This Practice Note supplies links to adjudication Precedents for use by either a referring or responding party, applicable during adjudication and within enforcement proceedings, including applications seeking a stay of enforcement......
Produced in association with 4 Pump Court. This Practice Note explores the matters a referring party should weigh up when arranging the appointment of an adjudicator, including the following: the timetable and overall timescale whether a named adjudicator applies or one is selected by an adjudicator nominating body ( ANB) any particular requirements for the adjudicator limits on, or attempts to exclude, specified persons from deciding the dispute It also offers guidance on corresponding with the adjudicator. For an adjudicator’s ability to resign and/or a referring party’s ability to end their appointment, see Practice Notes: Resignation by the adjudicator and Abandoning or ending an adjudication early. Introduction Once the Notice of Adjudication has been served, the referring party must secure the appointment of an adjudicator without delay. Where the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996) applies, the adjudicator must be appointed and the Referral Notice served on them...
ARCHIVED: This Practice Note is archived and not maintained. Note: The Construction ( Design and Management) Regulations 2015, SI 2015/51 came into force on 6 April 2015, replacing the Construction ( Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction ( Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [ Archived]. Introduction Designers play a central part in shaping a project and greatly affect how it develops, from the first architectural drawings to the selection of roofing materials. As design features at every stage of a construction project, the Regulations impose duties on designers to avoid foreseeable risks to those who will construct, maintain and use the building. For this Practice Note, any mention of the term ‘client’ is synonymous with ‘employer’ as used in other Practice Notes. ‘ Client’ is employed here to aid reference to the...
ARCHIVED: This Practice Note is archived and no longer maintained. Note: The Construction ( Design and Management) Regulations 2015, SI 2015/51 took effect on 6 April 2015, superseding the Construction ( Design and Management) Regulations 2007, SI 2007/320. Refer to Practice Notes: Construction ( Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [ Archived]. Introduction Contractors are the organisations and persons who physically undertake building operations. Because this is a practical, on-site function, contractors are frequently those most exposed to injury or to harm to their health. The Construction ( Design and Management) Regulations 2007, SI 2007/320 (the Regulations) permit contractors to participate in planning and overseeing the construction activities. The Regulations operate in tandem with the general duty on employees, set out in section 7 of the Health and Safety at Work etc. Act 1974 ( HSWA 1974), to take...
ARCHIVED: This Practice Note has been archived and is not maintained. Note: The Construction ( Design and Management) Regulations 2015, SI 2015/51 came into effect and operation on 6 April 2015, replacing the Construction ( Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction ( Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [ Archived]. The Construction ( Design and Management) Regulations 2007, SI 2007/320 (the CDM Regs) entered into force on 6 April 2007. Their objective is to embed health and safety as a core consideration in the planning and running of all construction projects, and to clarify the responsibilities of the different participants involved. The CDM Regs seek to lessen the likelihood of injury to those engaged in the construction, occupation, upkeep and dismantling of structures, and set out a framework designed to achieve this aim. The CDM Regs...
This Practice Note addresses the tribunal under the 2023 Arbitration Rules of the Stockholm Chamber of Commerce ( SCC) Arbitration Institute (the 2023 SCC Rules). The 2023 SCC Rules govern SCC arbitrations begun on or after 1 January 2023, unless the parties stipulate otherwise. The number of arbitrators The parties may determine how many arbitrators will hear an SCC arbitration (2023 SCC Rules, art 16(1)). In the absence of any agreement, the Board will decide whether the tribunal comprises one or three arbitrators, taking into account the case’s complexity, the amount in dispute and any other relevant circumstances (2023 SCC Rules, art 16(2)). Note that under the Expedited Rules, there is only one arbitrator—see Practice Note: SCC Rules (2023)—expedited procedure. Appointment of a sole arbitrator Where a sole arbitrator is to be appointed, the parties are afforded ten days to make a joint...
This Practice Note offers direction on forming the arbitral tribunal pursuant to the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). HKIAC likewise issues a Practice Note on Appointment of Arbitrators (effective 1 November 2018), describing HKIAC’s usual approach to appointing arbitrators in, inter alia, arbitrations administered by HKIAC under its Administered Arbitration Rules, with no indication of the version. If there is any inconsistency between this Practice Note and (a) the parties’ arbitration agreement or (b) the applicable arbitration rules or law, (a) or (b) will take precedence ( Practice Note on Appointment of Arbitrators, para 1.4). As outlined in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally govern HKIAC arbitrations commenced on or after 1 November 2018, unless the parties agree...
This Practice Note provides guidance on constituting the arbitral tribunal pursuant to the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As explained in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules will, as a general position, govern HKIAC arbitrations begun on or after 1 June 2024, unless the parties agree to a different arrangement. For arbitrations initiated before 1 June 2024, the 2018 HKIAC Rules will typically apply, again subject to any contrary party agreement. HKIAC’s latest Practice Note on Appointment of Arbitrators (effective 28 September 2021) describes HKIAC’s usual approach to appointing arbitrators in, inter alia, arbitrations administered under its Administered Arbitration Rules, without specifying which edition of those rules. Where there is any conflict between that Practice Note and either (a) the parties’...
Deal Debrief At the May 2024 convening hearing, Consort Healthcare ( Tameside) Plc sought approval for a Part 26A restructuring plan ( RP); however, the RP was paused after the court made an order for security for costs against the Company. On 10 December 2024, following a settlement with the NHS Trust, the Company notified that it was formally bringing the RP to an end. Capitalised terms not otherwise defined here have the meanings given in the convening judgment... This Deal Debrief sits within our Restructuring plans collection. For an in‑depth review of key metrics from 2024 RP filings and commentary from leading figures in the restructuring sphere, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024......
This Practice Note builds on the guidance in Practice Note: Road traffic—traffic regulation order procedure and notices. It sets out which amendments to earlier road traffic orders can be folded into a consolidation or minor order, outlines why making such an order can be beneficial, and cross-refers to the Local Authorities’ Traffic Orders ( Procedure) ( England and Wales) Regulations 1996 (the Traffic Orders Regs 1996), SI 1996/2489. It also clarifies that an experimental traffic order ( ETO) operates as a trial scheme for traffic control, and summarises the publicity and objections regime that governs it. Consolidation and minor orders A road traffic order that simply gathers previous traffic orders into a single instrument should not attract controversy, as it, by definition, leaves the street’s traffic position materially unchanged. Accordingly, regulation 21 of the Traffic Orders Regs 1996, SI 1996/2489, allows a...
This Practice Notice explores how several causes of action can be brought together and resolved within one arbitration, with a particular emphasis on construction disputes. See also Practice Note: Multi-party and multi-contract arbitration—an introduction. Multi-party/multi-contract disputes Construction matters frequently include more than two participants. Typically, an employer contracts with a main contractor, who in turn sub-contracts elements of the works to various sub-contractors. Consequently, a web of linked construction contracts exists between different parties on a single project. When disagreements arise, multiple potential claims may sit under the separate contracts. A single dispute may draw in the employer, the main contractor, and several sub-contractors, suppliers and consultants. Where every contract falls within the court’s jurisdiction, the Civil Procedure Rules provide a straightforward route: the court will gather the connected claims into one set of proceedings through consolidation. By contrast, if some or all contracts contain an...
This Practice Note explores the doctrine of consideration and its central role in English law when assessing whether a contract is enforceable. A promise will be enforceable only if it is set out in a deed, or exchanged for something of value, termed ‘consideration’. This Practice Note explains what constitutes valid consideration. It looks at valid consideration in its various forms: executory and executed consideration, benefit and detriment, past consideration, the adequacy of consideration, and when performance of existing duties may amount to consideration, including on the variation of an existing contract. Note: settlement offers made under CPR Part 36 operate outside the ordinary rules of contract law and are governed by the specific regime in CPR 36. See Practice Notes: Part 36 offers—what are they, why make them? and Part 36 offers—how to make a valid Part 36 offer. For guidance on the...
What are conservation covenants? In essence, conservation covenants are voluntary, private undertakings between a landholder and a responsible organisation or body, for example a conservation charity or a public authority. Their purpose is to safeguard the natural environment and heritage assets for the benefit of the public at large. They stipulate duties tied to the land itself and bind present and future owners, offering the prospect of enduring conservation outcomes and benefits. A common illustration is a farmer committing to manage a woodland and permit public access, with oversight by a local woodland charity or similar body. They are viewed as complementing statutory or policy-led designations—such as Sites of Special Scientific Interest or National Parks—by enabling the private protection of land with conservation merit that sits outside the public designation regime. Part 7 of the Environment Act 2021 ( EA 2021) addresses...
Conservation areas in Wales Up to 4 November 2024, planning rules on conservation areas in Wales were governed by the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990). The Historic Environment ( Wales) Act 2023 ( HE( W) A 2023), which commenced on 4 November 2024, consolidated and superseded legislation concerning the historic environment in Wales, including conservation areas. Part 4 of HE( W) A 2023 sets out the statutory requirements for conservation areas in Wales. For details on the conservation area enforcement and criminal liability regime in England, see Practice Note: Conservation area enforcement and criminal liability regime in England. Be aware that the case law in that Practice Note addresses P( LBCA) A 1990 as it applied in Wales before HE( W) A 2023 came into effect. Whether it continues to inform...
What are conservation areas? A conservation area is a place recognised for its special architectural or historic significance, where safeguarding or improving its distinctive character and appearance is considered desirable and necessary. Managing such areas equips local planning authorities ( LPAs) with a practical means to protect whole neighbourhoods, assessed on the particular architectural or historic merits of the buildings within them. Compared with listing individual structures, the conservation area framework casts a wider protective net across places, though the accompanying restrictions are generally less burdensome and prescriptive. Designation exists to prevent developments that would erode an area’s character and identity. Consequently, planning controls operate more strictly inside conservation areas than beyond their boundaries. Legislation, policy and guidance Up to and including 4 November 2024, Welsh law on conservation areas was contained in the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A...
What are conservation areas? Conservation areas are sections of neighbourhoods identified under the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990) as places of particular architectural or historic significance, whose character or appearance it is desirable to preserve or enhance. Managing these areas equips local planning authorities ( LPAs) with a means to safeguard parts of a place on an area-wide basis, assessed by the special architectural or historic interest of buildings within that setting. The conservation area framework affords wider protection than listing single buildings, though the resulting constraints are usually less heavy-handed and prescriptive. The aim of designation is to prevent the area’s character being eroded by certain forms of development. Planning controls are therefore tighter within conservation areas than beyond them elsewhere in a...
Any breach of EU law by a Member State undermines the effectiveness of that law. In addition, the non-compliant State may face consequences at EU level, being held to account by the European Commission and the Court of Justice. Individuals may likewise bring claims in the domestic courts against the Member State where an infringement of EU law limits their rights... Infringements of EU law can arise in several different ways: complete failure to give effect to an EU measure, eg not transposing a Directive by the deadline set within the Directive (see Francovich v Italian State) incorrect transposition of a Directive by a Member State (see R v Secretary of State for Transport, ex parte Factortame) failure by a Member State to adjust existing legislation so it complies with the requirements of an EU measure (see Commission v Germany ( Beer...
The appointment of an administrative receiver does not, by itself, bring about an automatic statutory moratorium. Accordingly, creditors may still commence or continue legal proceedings, whether new or existing, against the company to which the appointment relates. Further, appointing an administrative receiver causes the floating charge, pursuant to which that receiver was appointed, to crystallise in law......
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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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