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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 archived Practice Note sets out key details of the data protection regime before 25 May 2018 and records the legal position under the Data Protection Act 1998 ( DPA 1998). This Practice Note is provided for general background purposes only and is not currently maintained. Background to consent To meet the first data protection principle in the DPA 1998, as stemming from Directive 95/46/ EC (the Data Protection Directive), data controllers must be able to evidence, among other things, that they have satisfied: one of the conditions for processing personal data under DPA 1998, Sch 2; and if the data amounts to sensitive personal data, then, in addition, one of the conditions for processing sensitive personal data under: DPA 1998, Sch 3; or under the Data...
STOP PRESS: This document is currently being revised to take account of the Data ( Use and Access) Act 2025 ( DUAA 2025), which updates the UK GDPR and the Data Protection Act 2018. For further detail on DUAA 2025 compliance, see Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note draws on the UK General Data Protection Regulation ( UK GDPR) and the consent guidance issued by the Information Commissioner’s Office ( ICO). Under the UK GDPR, consent is rarely the default lawful basis for handling personal data, and organisations should assess whether another lawful ground is more suitable from both legal and operational viewpoints—see below: Do you need consent? and Practice Note: How to process personal data lawfully. What is consent? Consent means a freely given, specific, informed and unambiguous expression of the data subject’s wishes, whereby they indicate...
Use of terms ‘connected’ and ‘associate’ in pensions Although initially coined within the insolvency/bankruptcy regime set out in the Insolvency Act 1986 and underlying regulations, the notions of ‘association’ and ‘connection’—together with the allied idea of ‘control’—have, over time, been adopted and applied across various parts of the UK’s pensions legislation framework for practical purposes in appropriate cases. Examples include: Moral hazard powers — the terms are employed in the moral hazard provisions of the Pensions Act 2004, in practice to assess the degree of distance or proximity of entities from sponsoring employers of occupational pension schemes, and whether such entities might be susceptible to the Pensions Regulator’s moral hazard powers, for example the issue of financial support directions and contribution notices — for further information, see Practice Notes: Contribution notices and Financial support directions ...
Connected persons Capital gains rules contain targeted measures for people who are connected with each other. These fall into two main strands: rules for dealings between connected persons; and rules that, in effect, treat a taxpayer together with their connected persons as one economic unit The first strand includes the market value requirement, limits on the use of capital losses, and the treatment of linked transactions (each outlined below). These measures aim to stop manipulation of the capital gains regime—for example, generating artificial capital losses by transferring an asset for little or no consideration to a family member, or to a company that the taxpayer controls. The second strand is found throughout the capital gains legislation. One illustration is the value shifting provisions, which apply where a tax‑free benefit has been conferred either on the person disposing of an asset, or on someone...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements launched on or after that date must proceed under PA 2023, while those commenced under the prior regimes—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and overseen under that legislation. Refer to Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content pertains to the Procurement Act 2023 regime. It provides practical guidance on public procurement under PA 2023. For practical guidance on the former legislation, see Practice Note: Introduction to public contracts procurement. Duty to identify conflicts of interest PA 2023, s 81 requires contracting authorities to take all reasonable steps to spot, and to keep under review, conflicts of...
This Practice Note examines conflict of interest objections to arbitral appointments in international arbitration proceedings. It should be read alongside Practice Note: Conflicts of interest in arbitration—applicable principles. What are the main types of conflict of interest that pose a challenge in arbitration proceedings? Advocates and arbitrators from the same barristers’ chambers or law firm It is relatively common for advocates and arbitrators affiliated with the same barristers’ chambers and/or law firms to appear in a single matter, which can prompt a conflict of interest challenge. The International Bar Association Guidelines on Conflicts of Interest in International Arbitration (the IBA Guidelines, 2024 para 3.) include an ‘ Orange List’ addressing the ‘ Relationship between an arbitrator and another arbitrator or Counsel'. Orange List items must be disclosed to the parties, as they may give rise to justifiable doubts about an arbitrator’s impartiality and...
This Practice Note outlines how the courts approach matters where the welfare of two children with opposing interests is tightly interwoven together, including scenarios involving child-parents and siblings. It also offers guidance for situations in which a parent’s interests conflict with those of the child, addressing applications and orders made concerning siblings and parents specifically. The welfare of more than one child When a court considers any question relating to: the child’s upbringing, or the management of the child’s property, or the use of any income generated from it the child’s welfare is the court’s paramount concern, unless a statute expressly or by implication provides otherwise. Where the welfare of two children with clashing interests is inextricably connected, the court must decide whether the welfare principle is to prevail for one child, the other, or neither. This issue can arise where an application is made by a child, or where...
In the Crown Court, when the prosecutor applies (or, where the court considers it appropriate, of its own motion), the court is obliged to also consider whether to impose a confiscation order on a convicted defendant. Such an order compels payment of a sum reflecting the benefit obtained from criminal conduct, limited to the assets available to satisfy it. The regime governing confiscation may intersect with, but remains distinct from, civil forfeiture proceedings under section 303Z14 of the Proceeds of Crime Act 2002 ( POCA 2002), which operate under different statutory criteria and provisions. For guidance on confiscation orders under the POCA 2002, see Practice Note: Confiscation under the Proceeds of Crime Act 2002. In addition, following conviction in the magistrates’ court for any offence, including summary only matters, if the prosecutor so requires, the court must commit the case to the Crown Court to...
Section 6 of the Proceeds of Crime Act 2002 ( POCA 2002) prescribes the process for making any confiscation order. After the requirements in POCA 2002, s 6(1) and (2) are met, the court is obliged to decide if the offender has a criminal lifestyle. That designation allows the court to infer that the defendant’s wrongdoing is not confined to the conduct proved by the conviction currently before it. In substance, the court proceeds on the basis that the defendant has engaged in other criminal behaviour, leading up to the offence(s) of conviction, which has not been discovered or sanctioned. The criminal lifestyle regime in POCA 2002 takes the form of a statutory test used to decide whether the defendant is to be treated as having a criminal lifestyle, and it frames the assumptions the court may apply during the exercise. For detail on what...
For review periods ending on or before 29 June 2016, companies and LLPs were obliged to file an annual return at Companies House, meeting the statutory content rules set out in Part 24 of the Companies Act 2006 ( CA 2006), as updated by the Companies Act 2006 ( Annual Return and Service Addresses Regulations) 2008, SI 2008/3000, and the Companies Act 2006 ( Annual Returns) Regulations 2011, SI 2011/1487. For background on that former regime, see Practice Note: A company's annual return (for companies with a made up date on or before 29 June 2016) [ Archived]. Replacement of the annual return with confirmation statement Section 92 of the Small Business, Enterprise and Employment Act 2015 ( SBEEA 2015) amended CA 2006, Pt 24 so that, from 30 June 2016, the obligation to file an annual return was abolished and replaced by a duty to...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Procurements commenced on or after that date must proceed under PA 2023, while those started under earlier rules must continue to be run and administered in line with those regimes. Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance addresses public procurement governed by PA 2023. For guidance on confidentiality questions under the former framework, see Practice Note: How to deal with confidentiality issues, including during procurement litigation—pre- PA 2023. Confidentiality in public procurement and the wider public sector context This Practice Note should be considered alongside the Practice Note: Use of...
What is confidentiality? This Practice Note outlines confidentiality from the standpoint of an in-house lawyer. It is aimed at banking and finance specialists working within banks and other financial institutions. It flags situations where confidentiality concerns commonly surface for in-house banking and finance lawyers and suggests practical measures to address them. Obligations of confidentiality may arise in numerous forms and settings. This Practice Note concentrates on confidentiality encountered in-house within banking and finance transactions, and does not cover the professional confidentiality duties owed by lawyers (or other professionals). Legal duties of confidentiality can originate from: common law (including the banker’s duty of confidentiality) contractual undertakings statutory protections If a breach is established, the court may grant an injunction (interim or final), award damages or order an account of profits, and require the destruction or delivery up of any physical materials...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note provides direction for public procurement processes initiated before the Procurement Act 2023 ( PA 2023) took effect on 24 February 2025. Any in-scope procurement started on or after that date is subject to PA 2023. Under PA 2023’s transitional and savings arrangements, the former procurement regimes continue so far as is required to enable contracting authorities to finalise and administer procurements begun before commencement (ie procurements already under way). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Additional practical material on PA 2023 appears in a separate subtopic, see: Procurement Act 2023—overview, which includes the following Practice Note: How to deal with confidentiality issues— PA...
This Practice Note offers guidance on presenting with assurance when you are in the same room as your audience. Communicating ideas clearly and effectively is essential to put your message across and influence others. For advice on presenting virtually, see Practice Note: Presenting with confidence—virtually. Planning Evaluate your audience’s needs Presenting is about forging a connection. Before you draft anything, plan with the audience front of mind and: consider who the audience is, eg: is there a mixed level of knowledge? is it a multinational group? establish your objectives and future actions anticipate reactions, questions and objections assess what information you need Invest time in how you will communicate your message so it lands and keeps attention; this is central to an...
This Practice Note sets out guidance on running an appraisal meeting. See also Precedents: Preparing for your appraisal meeting—appraisee and Preparing for your appraisal meeting—appraiser. The core of performance management is the relationship between manager and employee. Both should be clear on what is needed to meet their own objectives and add value to the firm overall. Some organisations are moving away from the term ‘appraisal’, and you may notice social media advocating dropping them entirely. Whatever label you use, and whatever format they take, regular conversations with your people are crucial building blocks of a healthy workplace culture. Why are appraisals important? An effective performance management process focuses on: aligning your people with the business’s strategic aims enhancing individual performance supporting development and retention delivering stronger business outcomes recognising and celebrating strong performance being crucial for remote staff to stay...
Practice Note This Practice Note is designed for in-house counsel and privacy and compliance specialists in private commercial organisations. It sets out why, when and how to carry out a data protection impact assessment ( DPIA) for a new or existing surveillance camera or CCTV initiative or system. It walks you through the essential elements of a DPIA, drawing on the template and guidance issued by the Biometrics and Surveillance Camera Commissioner ( BSCC) and the Information Commissioner’s Office ( ICO), and reflects the obligations in the UK General Data Protection Regulation ( UK GDPR), Assimilated Regulation ( EU) 2016/679. A DPIA does exactly what its title implies—it provides a method for evaluating the data protection implications of a given project or process for affected individuals. Typically, a DPIA is undertaken at the outset of any project that may raise data...
How to conduct a disciplinary (or conduct) hearing or meeting This ‘ How to’ guide explains how to run a disciplinary (or conduct) hearing or meeting as part of a fair conduct management process. It summarises the legal issues to bear in mind and sets out the steps to follow. It addresses: sound recordings notes and minutes of the hearing adjournment reconvening the hearing the right of appeal record-keeping Where a disciplinary investigation results in a recommendation to convene a hearing (see Practice Note: How to conduct a disciplinary investigation), the manager tasked with running that hearing will undertake preparation (see Practice Note: How to plan and prepare for a disciplinary hearing). The guidance below explains how to conduct the hearing itself when the day arrives. The manager should keep in mind that a well-designed and well-run...
In 2021, the P. R. I. M. E. Finance Arbitration Rules were updated, and the 2022 edition took effect on 1 January 2022, applying to arbitrations commenced on or after that date (the P. R. I. M. E. Finance Rules; the Rules). The Rules also contain standard clauses and a model submission agreement. They set out a comprehensive framework for arbitration, including a model arbitration clause for contracts, a model submission agreement, procedures for commencing and conducting an arbitration, the process for appointing arbitrators, and provisions on issuing awards and allocating costs. The Rules are likewise intended to be flexible so that the arbitral tribunal can tailor proceedings as appropriate. This built-in flexibility enables the tribunal to shape the proceedings to the particular circumstances of the case. Arbitration clause A model arbitration clause is appended to the P. R. I. M. E. Finance Rules ( Annex A). When...
Introduction This Practice Note offers guidance on arbitrations run by the International and Ibero- American Arbitration Center of Madrid (‘ CIIAM’ or the ‘ Center’)—formerly CIAM- CIAR—pursuant to its Arbitration Rules effective from 1 January 2024. It covers procedural management issues spanning the choice of seat and language, evidentiary submissions, interim relief, third‑party funding, as well as multi‑party and multi‑contract cases within the framework of these Rules and proceedings. Seat and language of arbitration The Arbitration Rules permit the arbitral seat to be set in any location and, where there is no agreement, the Center will determine it after consulting the parties and considering the circumstances of the case ( Art 23.1). Choosing the seat is pivotal, as it fixes the procedural law and the scope of judicial scrutiny over the award. Madrid benefits from...
Conduct can amount to a potentially fair basis for dismissal in law. Dismissals arising from misconduct are likely the most common type of unfair dismissal claim brought before the employment tribunal. The behaviour need not have any particular quality or label. It does not have to be ‘reprehensible’ or even ‘culpable’ to be a potentially fair reason, although the claimant’s degree of blame may matter when deciding if dismissal was a fair sanction in all the circumstances and when determining compensation; see: Appropriateness of dismissal: general below and Practice Note: The unfair dismissal compensatory award— Contributory fault for guidance. Dismissal for a one-off act of misconduct will seldom be fair, though in some situations the incident will be serious enough to warrant dismissal for a first offence. As a rule, dismissal for misconduct will only be a reasonable penalty if the employee has...
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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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