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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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Context Community Infrastructure Levy The Community Infrastructure Levy ( CIL) is a developer contribution that local planning authorities—acting as charging authorities under Part 11 of the Planning Act 2008—may impose on development within their jurisdiction. For a summary of the CIL framework, refer to Practice Note: Community Infrastructure Levy ( CIL)—who administers CIL, when CIL is triggered, and when and by whom CIL must be paid. Once an authority chooses to levy CIL, it must bring forward a charging schedule that specifies the rates at which the charge will be applied. From the date that schedule is adopted, any planning permission granted, or treated as granted under general permitted development rights, becomes liable for CIL, save where one of several exemptions or reliefs is available. This Practice Note focuses solely on relief available to charities or for charitable purposes. For alternative reliefs and...
What is the policy and legislative background to the support for community energy projects? Legal and policy backing for community energy schemes is comparatively new; although early pledges prompted some movement, progress then remained modest for several years. A concise overview follows. The Community Energy Strategy arose from a 2010 Liberal Democrat manifesto promise to ‘encourage community-owned renewable energy schemes where local people benefit from the power produced’. That pledge appeared, unchanged, in The Coalition: programme for government. In 2014 the then coalition administration, through the former Department of Energy and Climate Change ( DECC), issued the UK’s first Community Energy Strategy. DECC then released an update in March 2015. Like the original, the update emphasised enabling localities to make their own advances towards a more decentralised energy system with active community involvement. Further information on the Strategy update is set out in the...
This Practice Note outlines which communications services are frequently outsourced and why organisations choose to do so. It also considers standard outsourcing frameworks, together with core provisions, service levels, benchmarking, warranties and other matters. ‘ Outsourcing’ broadly refers to appointing another party to run a business process or function. Typical candidates include human resources, payroll processing, IT, customer services, finance and accounting. Communications outsourcing appears in many guises. Although no legally endorsed definition exists, these arrangements usually cover services linked to voice and/or data communications, such as: full outsourcings that hand over a fully functioning private communications network managed service outsourcings more specific deals, for example support and maintenance of telecoms apparatus, data centre outsourcing, or procuring the supply of handsets A regulatory environment Electronic communications is a regulated sphere, and providers of electronic communication services ( ECSs), electronic...
ARCHIVED: This Practice Note has been archived and is no longer maintained. For guidance on the acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 ( IPA 2016), see Practice Note: Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016. IPA 2016 sets the current legal framework for public authorities’ use of covert surveillance. Much—though not all—of this regime previously appeared in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). The rules on retaining communications data are contained in IPA 2016, Pt 4. Part 4 permits telecommunications and postal operators to retain communications data so that, where authorised under IPA 2016, public authorities can access it subsequently. For more on IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Powers to require retention of certain types of data Under IPA 2016, s 87, the...
The Commonhold and Leasehold Reform Act 2002 ( CLRA 2002) permits developers of new residential schemes to provide a freehold option to prospective flat purchasers. This Practice Note examines the pros and cons of owning a freehold unit within a commonhold, as contrasted with a leasehold interest. Background Before 27 September 2004, when Pt 1 of CLRA 2002 commenced, leasehold tenure was the only realistic structure a developer could offer to would-be flat buyers. The burden of a positive covenant (for example, to pay service charge, insurance rent, and the like) can run with a leasehold estate only, not a freehold. Although this flaw could be overcome on a freehold disposal of a flat by imposing an estate rentcharge under the Rentcharges Act 1977 ( Rc A 1977), the practical position is that many mortgage lenders will not advance funds on the security of a...
A commonhold association takes the form of a private company limited by guarantee. Membership is restricted to unit-holders, who, through their voting rights, direct how the commonhold is administered. The commonhold association: is the registered proprietor of the common parts of the property, and has overall responsibility for managing the development (including the power to terminate the commonhold via a voluntary wind-up) Commonhold assessment Under the Commonhold Community Statement ( CCS), the association may set a commonhold assessment, i.e. an estimate of the costs of managing, maintaining, insuring, and repairing the building. The association then seeks payment from each unit-holder in proportion to the percentage attributed to their unit in the CCS......
STOP PRESS/ FORTHCOMING CHANGES : The UK intends to transpose the OECD’s Cryptoasset Reporting Framework ( CARF) into domestic law from 1 January 2026. The enabling instrument is the Reporting Cryptoasset Service Providers ( Due Diligence and Reporting Requirements) Regulations 2025 ( SI 2025/744), which was presented to the House of Commons on 25 June 2025. On that date, HMRC released tax impact and information notes ( TIIN) on the measure. HMRC has also issued guidance covering reporting under CARF. In parallel, the government has brought forward legislation revising the domestic rules that give effect to the OECD’s Common Reporting Standard ( CRS) and the UK’s obligations under the Intergovernmental Agreement with the US for the implementation of the US Foreign Account Tax Compliance Act ( FATCA). The core legislation remains the International Tax Compliance Regulations 2015 ( SI 2015/878), with...
This Practice Note sets out details of the two case management platforms currently employed within the criminal justice system— Common Platform and the Crown Court Digital Case System (often called DCS). It outlines how to create accounts for both services and how each can assist in organising and advancing cases through the courts, as well as their practical court uses. HM Courts and Tribunals Service ( HMCTS) has produced a suite of user guides for court users on operating Common Platform and DCS, which are cited and linked throughout this Practice Note. What is Common Platform? Common Platform is a digital tool for handling criminal cases. Launched in 2016, its purpose was to modernise the criminal justice system and ease court backlogs. Since August 2023, it has been used across all criminal courts in England and Wales. It was first envisaged as the single case...
This Practice Note examines the duty of care at common law. For material on statutory obligations, consult Practice Note: Breach of statutory duty and the overlap with the common law. For breaches of the duty of care, refer to Practice Note: Breach of the duty of care in personal injury claims. For guidance on vicarious liability, see Practice Notes: Nature and operation of vicarious liability, Scope and impact of vicarious liability, and Vicarious liability in the course of employment—the close connection test. For the duty of care in clinical negligence, see Practice Note: Duty of care and breach in clinical negligence claims. To succeed in a common law negligence action, a claimant must first establish that the defendant owed them a duty of care. Examples of established relationships When determining whether a duty of care exists, the court will consider if there is an...
Authored by Katherine Worraker, Ian Ahkong, Tom Howgate, Daniel Johnson and Harry Stead of Deloitte LLP. UK occupational pension schemes run by a single sponsoring employer, or by a group of connected employers, can combine their assets within a common investment fund ( CIF) collectively together. Doing so may deliver advantages including economies of scale and entry to opportunities that smaller schemes might otherwise struggle to reach individually on their own. By diversifying holdings, a CIF enables each participating scheme to disperse investment risk more widely across assets. Trustees can determine the proportion of a scheme’s assets to place in a CIF, or elect to retain assets outside the CIF and allocate them elsewhere as they see fit. There are several legal and tax points to weigh up where a CIF is contemplated at the outset, though these should not, in...
This Practice Note introduces two categories of cargo carrier—common carriers and private carriers—and sets out the key features of their respective liabilities within contractual relationships. It deals solely with the carriage of goods and does not extend to passenger transport. Definition of carrier A ‘carrier’ is, in simple terms, a person who transports cargo (and, in other contexts, passengers—though passenger carriage falls outside this Practice Note) for the benefit of others, whether free of charge or for payment (a ‘reward’). The types of carrier are: common carriers private carriers other carriers with special rights and duties For the avoidance of doubt, the following are not carriers: stevedores forwarding agents who only arrange or procure carriage by others Although not carriers for the purposes of this Practice Note, logistics companies often contract with clients on terms that address the storage and movement of goods. The...
The global commodities market The global commodities market spans a broad spectrum of goods, usually classified as hard or soft commodities. ‘soft commodities’—typically harvested outputs such as wheat, sugar, cocoa, soya beans or corn ‘hard commodities’—materials extracted from the earth, including precious or base metals, rubber, and energy products like oil Trading relies on uniform benchmarks—deliverable grades and standardised pricing by weight—so participants can purchase without inspection, assured the goods conform to recognised standards. What are commodity derivatives? Commodity derivatives are financial instruments whose value is derived from the price of a traded commodity, with payments or physical delivery contingent on how that price moves. They can be traded over the counter or on an exchange—see Practice Note: The nature of financial derivatives— Over‑the‑counter or exchange traded derivatives. These products let investors gain exposure to commodities without owning the underlying physical goods. As with other...
ARCHIVED This Practice Note is archived and is no longer maintained. It is provided purely for historical context as it relates to CPR 81 as it applied before 1 October 2020, and to Practice Direction 81, which was revoked in full with effect from 1 October 2020. If you are handling a committal application after 1 October 2020, you must consult the CPR 81 currently in force and the Practice Notes that address it, see: Contempt and committal—overview. For the versions of CPR 81 or Practice Direction 81 that applied before 1 October 2020, see: In summary, procedural requirements and the matters to be proved are set out in detail in Practice Note: Committal proceedings—applications, evidence and hearings [ Archived] and in related materials for each category of contempt or writ of sequestration. Accordingly, this Practice Note should be read together with the...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is retained solely as a historical record, since it addresses CPR 81 as it stood before 1 October 2020, and Practice Direction 81, which is revoked in its entirety with effect from 1 October 2020. For any committal application after 1 October 2020, you must refer to the CPR 81 currently in force and to the relevant Practice Notes covering this; see: Contempt and committal—overview. For the versions of CPR 81 or Practice Direction 81 predating 1 October 2020, see: This Practice Note examines the circumstances in which committal proceedings may properly be pursued where an interference with the administration of justice is alleged. You should also consider......
ARCHIVED This Practice Note is archived and no longer updated. It is retained solely for historical purposes as it relates to CPR 81 in the form that applied before 1 October 2020, and to Practice Direction 81, which was wholly revoked with effect from 1 October 2020. If you are handling a committal application after 1 October 2020, you must consult the current CPR 81 and the relevant Practice Notes—see: Contempt and committal—overview. For the pre-1 October 2020 text of CPR 81 or Practice Direction 81, see: This Practice Note examines when committal applications can be pursued for failure to comply with court orders or a solicitor’s undertaking, and the procedure to follow in doing so. It should be read together with Practice Note: Committal proceedings—applications, evidence and hearings [ Archived], which provides a general summary of the principal...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is retained for historical reference only, as it concerns CPR 81 as it stood before 1 October 2020, and Practice Direction 81, which was revoked in its entirety with effect from 1 October 2020. If you are dealing with a committal application on or after 1 October 2020, you should consult the CPR 81 currently in force and the Practice Notes relating to it—see: Contempt and committal—overview. For the pre‑1 October 2020 text of CPR 81 or Practice Direction 81, see: This Note set out, in tabular form, the various bases on which committal for contempt is commonly pursued, and whether prior permission to issue a committal application is required. Nature of contemptuous conduct Is permission...
This Practice Note summarises: what commissioning means in the context of local authority duties to secure health and social care the legal obligations relating to commissioning integrated and joint commissioning, and the potential for challenges to commissioning decisions What is commissioning? The expression ‘commissioning’ has not been defined in legislation or case law and has no precise technical meaning. It is used by local authorities and NHS bodies as a catch‑all for the process of making arrangements with third parties: to provide services, facilities or resources to exercise specified functions on the authority’s or NHS body’s behalf This covers: identifying and selecting a third‑party provider agreeing how such services are to be delivered and measured It will frequently involve a competitive tendering or procurement exercise. Consequently, local authorities do not have a legal duty to commission particular services, or to commission at all. However, it most often arises where authorities have a duty to...
This Practice Note This Practice Note explains how information set out in a document, or a statement given by or on behalf of a person, can be relied upon where authenticity must be verified in a commercial setting. It outlines the principal ways to validate information and documents, indicates when statutory declarations, oaths, affirmations and affidavits are appropriate, how to check they have been properly prepared, and offers guidance for practitioners when employing these validation methods. It sets out the requirements for: Statutory declarations Oaths Affirmations Affidavits Formalities for administering statutory declarations, oaths, affirmations and affidavits Statutory declarations and affidavits out of jurisdiction For information on notaries, their purpose, steps required to notarise a document and the meaning of legalisation, see Practice Note: Notaries and notarisation. For guidance on certified copies, including what a certified copy is, when a...
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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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