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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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Client guides Client guides comprise template letters covering a broad spectrum of family law matters, suitable for sending directly by the family practitioner to the client. Each guide also features drafting commentary for practitioners and hyperlinks to relevant connected materials, such as Practice Notes, forms, authorities, precedents and legislation. For procedural guides offering step-by-step direction on, inter alia, domestic abuse, asset preservation, relationship breakdown, cohabitants, private children, financial provision, international cases and enforcement, refer to Practice Note: Family procedural guides......
People with significant control ( PSC) regime The people with significant control ( PSC) regime came into force on 6 April 2016. Its framework is contained in Part 21A of the Companies Act 2006 ( CA 2006), as amended by the Small Business, Enterprise and Employment Act 2015 (ss 81–83, Sch 3). The regime tackles the opacity of corporate ownership, where historically only the legal holder of shares—and not always the beneficial owner—was recorded. Through the PSC register, companies and certain other entities must provide clearer, more up-to-date details of who ultimately owns or controls them. This information is publicly accessible on the central register at Companies House. It supports investors when assessing a potential investment and assists law enforcement agencies with money laundering investigations. For companies, the primary legislation is supplemented by The Register of People with Significant Control Regulations 2016, SI 2016/339 (the PSC...
If your organisation holds a legal aid contract with the Legal Aid Agency ( LAA), you are required to hold either the Specialist Quality Mark ( SQM) or the Lexcel Practice Management Standard ( Lexcel). This Practice Note highlights precedents you may adopt or tailor to meet SQM obligations within the scope of these two modules. A: Access to service A1: Business planning Consumer strategic business plan Commercial strategic business plan Minutes from the biannual review of the business plan and strategy A2: Service promotion Publicity policy—for law firms Publicity materials audit form—for law firms Register of publicity Client care manual A3: Equality and diversity Equality, diversity and inclusion ( EDI) policy—short form Equality, diversity and inclusion ( EDI) policy Harassment and bullying policy A4:...
Contracts for commercial property frequently adopt the Standard Commercial Property Conditions ( Third Edition—2018 Revision) ( SCPC). SCPC 9 governs the handling of completion monies. For an overview of completion generally, see the Practice Note: How does completion happen? How much is payable? On completion, the buyer must pay the balance comprising the purchase price plus the chattels price, less any deposit already paid to the seller or their agent, and then adjusted to reflect: Apportionments made under SCPC 9.3 Any compensation payable or allowable under SCPC 10.3 Where the contract requires the seller to insure until completion, specified insurance sums or premiums in the circumstances set out in SCPCs 8.2.2 and 8.2.3 Ensure that VAT is included as appropriate (including VAT on apportionments) in accordance with SCPC 2, and that any accrued interest (as defined in SCPC 1.1.1(a)) is brought into account on...
This Practice Note examines whether a receiver may undertake building works and, in particular, whether the receiver can finish a development left incomplete at the date of appointment. It identifies a range of points the receiver should evaluate before moving ahead with any works and deciding whether to proceed. For ease when considering these issues, and to streamline the discussion, it is assumed that: the developer is a corporate mortgagor of the property; and the mortgagor procures works in the usual way by appointing a building contractor and a professional team of architect, engineers, quantity surveyors and others (collectively, the Professional Team) References to the mortgagor include, where appropriate, the mortgagor acting through the receiver. A receiver in this context means a fixed charge receiver or a Law of Property Act...
All solicitors and law firms must put in place and maintain, or take part in, a process for managing complaints about the legal services they provide. This Practice Note mirrors the requirements in the Solicitors Regulation Authority ( SRA) Codes of Conduct concerning complaints, together with other legal and regulatory obligations. It should be read alongside the Practice Notes: How to implement and maintain effective complaints handling procedures—law firms and How to handle a complaint step by step—law firms, which set out how to create and run complaints handling procedures, drawing on best practice guidance from the Legal Ombudsman ( Le O). Regulation of complaints The Legal Services Act 2007 ( LSA 2007) obliges all approved legal services regulators, including the SRA, to include in their rules provisions requiring each relevant authorised person they regulate to: establish and maintain procedures for resolving relevant...
The Charity Commission The Charity Commission serves as the regulator for more than 170,000 charities (as at 31 March 2025), and in the financial year 2024–25 oversaw charity income surpassing £100 billion. Its remit covers England and Wales only. In Scotland, equivalent duties are currently carried out by the Office of the Charity Regulator ( OSCR). The websites of both the England and Wales and the Scotland regulators similarly offer guidance on every facet of establishing and managing a charity and should be the initial point of reference for anyone involved in charity affairs and administration at every stage of the process. The Charity Commission is a body corporate and its functions are presently governed, on the Crown’s behalf, by the provisions of the Charities Act 2011 ( CA 2011), as amended......
This Practice Note outlines details of the various organisations with responsibilities and interests in legal complaints handling, including the Legal Services Board ( LSB), Office for Legal Complaints ( OLC), Legal Ombudsman ( Le O), SRA and the Legal Services Consumer Panel ( LSCP). The principal focus is Le O, which handles complaints about legal service providers. Legal Services Board The LSB, created under the Legal Services Act 2007 ( LSA 2007), serves as the single, independent oversight regulator for the legal profession. It is charged with ensuring the highest standards of competence, conduct and service across the profession. The LSB has set requirements that the SRA must satisfy in relation to the complaints procedures of authorised persons. It is also responsible for appointing the chair and members of the OLC, which administers the Le O complaints scheme. The LSB does not handle...
This How-to-guide is designed for law firms. It delivers practical advice and best-practice pointers on dealing with complaints, including how to improve the likelihood that a complaint escalated to the Legal Ombudsman ( Le O) is concluded by Le O’s Early Resolution team. Separate How-to-guides also address: How to implement and maintain effective complaints-handling procedures—law firms How to manage complaints involving additional considerations—law firms How to handle a complaint referred to the Legal Ombudsman—law firms Complaints handling procedure stages Keep your procedure as streamlined as possible. It must, at a minimum, cover three core steps: acknowledgement preliminary assessment action See: Complaints handling—flowchart. Make sure complainants can see where they sit within your complaints process and what should occur next. Explain plainly what will happen at each point, how long each phase should take, and clearly state who is...
Information sharing is a common commercial practice that can enhance transparency around pricing and other commercially sensitive data and, in some cases, deliver efficiencies. Nonetheless, information exchange is increasingly pursued as an anti-competitive behaviour. Simultaneously, it remains one of the most difficult areas for the application of competition law. Illustrative conduct includes alleged price signalling, exchanging information and bid-rigging, unilateral disclosure of pricing intentions, indirect exchanges, sharing via an intermediary, information exchange in initial public offerings and share placings, or exchanges between merging parties. This Practice Note examines how the Competition and Markets Authority ( CMA), alongside sectoral regulators, applies the Chapter I prohibition of the Competition Act 1998 ( CA 1998) to agreements and concerted practices involving information exchange. For an EU competition law perspective, see Practice Note: Information exchange under EU competition law. Framework for the assessment of information...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) apply. Any procurement launched on or after that date must proceed under PA 2023. Exercises started under the earlier rules—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 administered in line with those regimes. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This material concerns the Procurement Act 2023 framework. It offers practical guidance on public procurement governed by PA 2023. For hands-on guidance on procedures under the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, see the Practice Notes: Public procurement—open procedure—pre- PA 2023; Public procurement—restricted procedure—pre- PA 2023; Public...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note offers advice for public procurement exercises started before the Procurement Act 2023 ( PA 2023) came into force on 24 February 2025. Procurements within scope that commence on or after that date are subject to PA 2023. Under the Act’s transitional and savings provisions, the former public procurement regimes remain in operation as needed so contracting authorities can finalise and manage procurements initiated before PA 2023 took effect (ie procurements that are still ongoing). This Practice Note should be read on that basis. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance on PA 2023 is provided in a separate subtopic, see: Procurement Act 2023—overview. Public procurement under the Public Contracts Regulations 2015 Under the Public Contracts Regulations 2015 ( PCR 2015), SI...
This Practice Note sets out example enquiries to use in a corporate transaction due diligence exercise, aimed at uncovering and prompting disclosure of any competition law concerns affecting the business being purchased, and to seek the relevant documentation. In the questions below, the seller is defined as including its corporate group, and references to the business’s activities mean the activities of the target group and its corporate group, including all subsidiaries and business units that are being acquired. The wording may need to be tailored to reflect the actual entities being acquired and the nature of the corporate transaction. Sample questions Please supply particulars and copies of any agreement, conduct or arrangement of the [seller] regarding the [business] that breaches or is caught by Article 101 TFEU, Article 102 TFEU, the Competition Act 1998, the Enterprise Act 2002 or any other...
Preliminary considerations At the very start of an offer process, a bidder or would‑be bidder must carefully assess how competition law may affect the timetable and the way the offer is run. Preliminary issues will include, among others: identifying the relevant competition authority with jurisdiction settling the merger control conditions to include; these will be set or guided by the applicable merger control rules and obligations under the Takeover Code ( Code), though approach and strategy can also influence them deciding the scope and standard of information that the bidder can reasonably expect from the target, and how far it will assist with the regulatory process; this will often turn on whether the bid is recommended or hostile and the chance of a rival bidder appearing Which competition authority has jurisdiction? Despite the close of the Brexit transition on 31 December 2020 ( IP completion day), the EU merger control system...
This table sets out every concluded inquiry by the Competition Commission of India ( CC) into alleged cartels, anti‑competitive agreements and abuses of dominance since 2018. Note—only investigations that are publicly available are listed. 2026 Investigations under section 3 of the Competition Act 2002 No section 3 determinations have been handed down by the CC in 2026. Investigations under section 4 of the Competition Act 2002 Desktop microprocessors — Allegation that Intel abused its dominant position via a restrictive, India‑specific warranty policy; infringement decision—12/02/2026; fines totalling INR 273.8 imposed 2025 Investigations under section 3 of the Competition Act 2002 Liquor trade associations — Maharashtra Wine Merchants Association; Pune District Wine Merchants Association; Association of Progressive Liquor Vendors; restrictive agreements; infringement decision—11/12/2025; no fines imposed Book trade — FPBAI; restrictive agreements and cartel; infringement...
CASE HUB NOTE—appeal lodged before the Court of Appeal ( C3/2020/0151) ARCHIVED This archived case hub captures the position as at the judgment of 12/11/2019 and is no longer maintained. For further information, see the timeline and commentary. Case facts Outline Royal Mail has appealed Ofcom’s decision of 14 August 2018, which found that Royal Mail abused its dominant position by discriminating against its sole competitor, Whistl, in relation to the provision of bulk mail services in the UK, and also contests the level of the penalty imposed by Ofcom. Parties Royal Mail Group plc ( Royal Mail): Royal Mail operates parcel and letter delivery services across the UK and internationally, providing collection, sortation, transport and delivery. Its UK business is supported by its international parcels division, General Logistics Systems ( GLS). GLS runs a ground-based deferred parcel delivery service throughout Europe, covering 41 countries and seven states in the...
CASE HUB ( NOTE—appeal lodged before the Court of Appeal by Balmoral against the CAT’s judgment in Balmoral Tanks Limited & Anr v Competition and Markets Authority ( C3/2017/3539)) ARCHIVED –this archived case hub reflects the position at the date of the judgment of 6 October 2017; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Appeal by Balmoral Tanks Limited and Balmoral Group Holdings Limited contesting the CMA’s decision concerning a cartel in the market for galvanised steel water storage tanks. Latest development On 6 October 2017, the CAT delivered its judgment and dismissed the appeal. Parties Balmoral Tanks Limited ( Balmoral) and its parent, Balmoral Group Holdings Limited Competition and Markets Authority The CMA’s investigation The CMA opened its investigation on 27 November 2012. It also pursued a criminal prosecution under the criminal cartel offence. Nigel Snee, the former Managing...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 11/02/2019; it is no longer maintained. See further, timeline and commentary Case facts Outline An appeal by Electro Rent Corporation challenging the Competition and Markets Authority’s decision to levy a penalty for breaching a hold separate obligation, which in this matter was set out in an interim order. Parties Electro Rent Corporation ( Electro Rent). Competition and Markets Authority ( CMA). Background On 31 January 2017, Electro Rent acquired all issued share capital in Microlease Inc. Both companies supply test and measurement equipment to sectors including telecommunications, aerospace and defence, and IT. The merger was not notified to the CMA. As the UK merger control system is voluntary, the parties were under no duty to notify, but accepted the risk that the CMA might open its own inquiry. On 1 February 2017, the CMA...
CASE HUB ARCHIVED – this archived case hub reflects the position as at the judgment dated 7 September 2021; it is no longer maintained. See further, timeline. Case facts Outline An application sought to strike out or summarily dismiss a standalone abuse of dominance claim issued by Forrest Fresh Foods Limited against Coca- Cola European Partners Great Britain Limited. Latest development On 7 September 2021, the CAT delivered its judgment, holding that it was not for the Tribunal to determine what the case might be and that, on the materials available, there was no reasonable basis for the claim. The CAT therefore ordered the claim to be struck out. It also observed that, had the claim not been struck out, it would have been minded to grant summary judgment in favour of Coca- Cola given the deficiencies identified. The CAT further concluded that the application did not satisfy the...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 2 October 2013; it is no longer maintained. Outline Appeal brought by BMI Healthcare, HCA International and Spire Healthcare against a Competition Commission ( CC) ruling that permitted access to a disclosure room while prohibiting reliance on documents seen there as evidence within the private healthcare market investigation. Parties BMI Healthcare ( BMI) HCA International ( HCA) Spire Healthcare ( Spire) These are the three largest private hospital operators in the UK and the key parties to the private healthcare market investigation. Background This is the first challenge following the CC’s provisional findings in the private healthcare market investigation. Both appeals concern the CC’s process for making collected material available to participants in the inquiry. The stakes are significant, as the CC 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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