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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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CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 10 October 2018; it is no longer maintained. See further, timeline. Case facts Outline of a UK merger probe into the proposed combination of SSE Retail and Npower. The deal presents horizontal overlaps in the supply of energy to domestic retail customers. Latest developments On 10 October 2018, the CMA published its final report, approving the merger without remedies following a detailed phase 2 review. Parties SSE Retail is the household energy and services arm in Great Britain of SSE plc ( SSE). Npower Group plc ( Npower) supplies energy to British homes and businesses and is owned by innogy SE (innogy). Market(s) Provision of electricity and gas in Great Britain. Background Announced on 8 November 2017, SSE Retail and Npower intended to combine into a new entity, to be owned 65.6% by SSE’s...
Dye & Durham ( UK) Limited/ TM Group ( UK) Limited [ Archived] CASE HUB ARCHIVED — this archived hub sets out the position as at the decision of 3 August 2023 and is not being maintained. NOTE — an appeal was lodged before the CAT in Dye & Durham Limited and Dye & Durham ( UK) Limited v CMA (1586/4/12/23). See the timeline... Case facts Outline of the UK merger review into the completed purchase of TM Group ( UK) Limited by Dye & Durham ( UK) Limited. The firms overlap in providing property search reports across England and Wales, ordered by conveyancers and intermediaries as part of due diligence in property transactions... Latest developments On 3 August 2022, the CMA published its phase 2 final report, concluding the deal has resulted, or could be expected to result, in an SLC in the market for the supply of...
CASE HUB ( ARCHIVE 06/01/2016) ARCHIVED – this archived case hub sets out the position as at the decision of 6 January 2016; it is no longer updated. For further details, see the timeline and the related cases. Case facts Outline UK merger examination into the completed purchase by Linergy Limited of Ulster Farm By- Products Limited. The deal features a horizontal overlap in the market for processing animal by-products from non-fallen stock and fallen stock in Northern Ireland. Latest developments On 6 January 2016, the CMA gave unconditional clearance to the transaction, confirming in full its provisional conclusions. Parties Linergy Limited ( Linergy) is a renderer operating a category 1 processing facility at Dungannon, Co Tyrone, Northern Ireland. Two of Linergy’s shareholders are Linden Foods Limited and Dunbia Limited, both meat processors in Northern Ireland. Ulster Farm By- Products Limited ( UFBP) is a renderer with a category 3...
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 15 August 2014 and is no longer maintained. For additional detail, see the timeline, commentary and related cases below. Case facts Outline UK merger review into the completed purchase by Alliance Medical Molecular Imaging Limited of the assets of IBA Molecular UK Limited. The deal creates a horizontal overlap in the supply of radioactive tracers used for cancer diagnosis. The transaction was cleared on the basis of the failing firm defence. Latest developments On 15 August 2014, the CMA issued its final decision, approving the merger without conditions. The CMA determined that IBA was a failing firm and, absent the merger, would have left the market and shut its facility—under that scenario, customers would have faced the same supplier options as they do...
CASE HUB ARCHIVED – this archived case hub sets out the position at the date of the penalty notice, 24 November 2011; it is no longer maintained. See timeline and commentary. Case facts Outline of a UK merger review into the proposed purchase by Just Eat.co.uk Limited of Hungryhouse Holdings Limited, a deal with horizontal overlaps in markets for online takeaway ordering services. Latest developments On 24 November 2017, the CMA issued a penalty notice to Hungryhouse for non-compliance with a section 109 notice; the CMA accordingly levied a financial penalty of £20,000 on the company. More precisely, Hungryhouse, without any reasonable excuse, did not comply with a section 109 notice the CMA issued on 31 May 2017, by not supplying specified documents requested by the CMA within the deadlines required. The CMA concluded Hungryhouse lacked a reasonable excuse for this...
CASE HUB (not maintained since decision on 29/04/2015) ARCHIVED – this case hub records the position as at the decision of 29 April 2015 and is no longer maintained. See the timeline and commentary for more information. Case facts Outline UK merger review into Xchanging’s completed purchase of certain Agencyport Software Europe companies. The deal resulted in a horizontal overlap within the insurance software market. Latest developments On 29 April 2015, the CMA issued its final report and cleared the transaction following a phase 2 investigation. Parties Xchanging plc and its subsidiaries Xchanging Holdings Ltd and Xchanging, Inc ( Xchanging) supply specialist software to the insurance market. Xchanging is based in London. This forms part of a broader offer delivering business processing, technology and procurement services to large organisations in 48 countries. Agencyport Software Europe also supplies specialist software to the insurance market, notably to insurers, reinsurers and Lloyd’s of London...
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 19 December 2019; it is not being maintained. See the timeline for further details. Case facts Summary of a UK merger review into LN- Gaiety Holdings’ proposed acquisition of MCD Productions. The deal presents vertical overlaps linked to the promotion of live music events in Northern Ireland. Latest developments On 19 December 2019, the CMA published its final report and approved the transaction without conditions, following a detailed phase 2 investigation. Parties LN- Gaiety Holdings Limited ( LN- Gaiety), a London-based joint venture between Live Nation Entertainment Inc ( Live Nation) and Gaiety Investments, operates music festivals. Live Nation represents artists, runs venues and delivers ticketing services through Ticketmaster, which it owns. MCD Productions Unlimited Company ( MCD), headquartered in Dublin, Ireland, stages music festivals and promotes live music events. MCD is...
CASE HUB NOTE—appeal lodged by Ecolab before the CAT (1334/4/12/19) See further: timeline. Case facts Outline UK merger inquiry into the completed purchase by Ecolab Inc. of The Holchem Group Limited. The deal features horizontal overlaps within markets for cleaning chemicals used by manufacturers of food, drink and dairy products. Latest developments On 7 October 2019, the CMA published its phase 2 final report, concluding that the merger has led, or could be expected to lead, to an SLC in the market for cleaning products and services. To address the SLC, the CMA determined that the most suitable remedy is full divestiture of The Holchem Group Limited (ie, unwinding the deal). Parties Ecolab Inc. ( Ecolab), headquartered in St. Paul, Minnesota, is a US-based global supplier of water, hygiene and energy technologies and services serving the food, energy, healthcare, industrial and hospitality sectors. The Holchem Group Limited (...
CASE HUB Archived —this archived case hub reflects the position at the date of the decision of 14 September 2020; it is no longer maintained. See further, timeline. Case facts Outline of a UK merger inquiry into the completed purchase by Hunter Douglas N. V. of convertible loan notes and specified rights in 247 Home Furnishings Ltd in 2013 (2013 Transaction), and the later completed purchase by Hunter Douglas N. V. of a controlling stake in 247 Home Furnishings Ltd in 2019 (2019 Transaction) (together, the Transactions). The Transactions give rise to horizontal overlaps in the supply of window furnishings, such as blinds, shutters and curtains. Latest developments On 14 September 2020, the CMA published its final report from its phase 2 review, concluding that the transaction has led to, or could be expected to lead to, an SLC in the online supply of...
CASE HUB ARCHIVED This case hub reflects the position as at the decision date of 19 March 2025 and is not maintained. See the timeline and commentary for further detail. Case facts Outline UK merger investigation into the proposed acquisition by Boparan Private Office Limited (via 2 Agriculture Limited) of For Farmers UK Limited’s Burston and Radstock feed mills. The deal entails horizontal overlaps in the supply of meat poultry feed. Latest developments On 19 March 2025, the CMA released its final report, confirming the interim conclusion that the merger is not expected to lead to an SLC in the local supply of meat poultry feed, or in any other UK market. Parties Boparan ( Boparan): acting through 2Agriculture Ltd (2Agriculture), it operates in animal feed milling, specialising in the manufacture of conventional (i.e. non-organic) compound poultry feed. 2Agriculture belongs to a wider group active in food...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 14 December 2017; it is no longer maintained. See further, timeline and commentary. Case facts Outline CMA Chapter I CA98 inquiry into a suspected UK market‑sharing arrangement concerning cleanroom laundry services and related products ( Case 50283). Latest developments On 14 December 2017, the CMA issued an infringement decision, concluding the market‑sharing deal between Microclean and Berendsen Cleanroom breached Chapter I of the Competition Act 1998. The CMA imposed total penalties of £1.71m, allocated as follows: Microclean fined £510,118 Berendsen Cleanroom fined £1,197,956, with Berendsen plc (its parent for the latter part of the infringement period) jointly and severally liable for £1,028,671 Parties Micronclean Limited ( Microclean), previously known as Fenland Laundries Limited ( Fenland) until 1 July 2016. Microclean supplies cleanroom laundry services and is headquartered in Skegness,...
CASE HUB ARCHIVED This archived case hub sets out the position as at the final decision on 1 April 2025 and is no longer being maintained. See further, timeline. Case facts Summary of a CMA Chapter I inquiry into restrictive arrangements struck by ten undertakings and two trade associations relating to end-of-life vehicle ( ELV) recycling and advertising. Latest development On 2 April 2025, the CMA issued its infringement decision after ten car makers and two trade bodies reached settlement with the CMA and accepted their role in the anti-competitive conduct. Aggregate fines of £77,688,917 were levied. Penalties for each party were: BMW—£11,060,925 (with a 20% settlement discount) Ford—£18,541,929 (with a 20% settlement discount) Jaguar Land Rover—£4,626,404 (with a 20% settlement discount) Peugeot Citroen (and owner Stellantis)—£5,189,948 (with a 45% leniency discount and a 20% settlement...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 22 September 2017; it is no longer maintained. See further, timeline and commentary. Case facts UK merger review of the completed purchase by Cardtronics Holdings Limited of Direct Cash Payments Inc, involving horizontal overlaps in local markets for the placement of automatic teller machines ( ATMs). Latest developments On 22 September 2017, the CMA approved the deal without remedies, confirming its provisional conclusions. Parties Cardtronics Holdings Limited ( Cardtronics) is a subsidiary of Cardtronics plc, a US-based company. Cardtronics plc is the world’s largest ATM owner and operator, servicing approximately 225,000 ATMs, with operations in Australia, Canada, Germany, Ireland, Mexico, New Zealand, Poland, Puerto Rico, Spain, the UK and the USA. Direct Cash Payments Inc ( DCP) is a Canadian-based business operating roughly 25,000 ATMs across...
CASE HUB ARCHIVED This case hub, now archived, captures the position as at the decision date of 10/10/2025; it is not being maintained. See the timeline. Case facts Outline CMA DMCCA 2024 investigation into whether Google ought to be designated as holding SMS for its provision of general search and search advertising services. Latest development On 10 October 2025, the CMA issued its final decision designating Google with SMS in the supply of general search services in the UK. Parties Google Background On 14 January 2025, the CMA released its investigation notice setting out the CMA’s grounds for commencing the investigation. On the same day, the CMA published an invitation to comment outlining the scope of its investigation......
What is the CMA? From 1 April 2014, the Competition and Markets Authority ( CMA) assumed many duties formerly carried out by the Competition Commission and the Office of Fair Trading. As an independent government department, it works to keep markets fair for both businesses and consumers, promoting competition by probing anti-competitive behaviour such as price-fixing and unfair trading practices. Scrutinising mergers that could lessen competition Undertaking market studies and investigations where competition or consumer issues may arise Examining suspected breaches of UK bans on anti-competitive agreements and abuses of dominance Bringing criminal cases against individuals who commit the cartel offence Enforcing consumer protection laws to address practices and market conditions that hinder consumer choice Co-operating with sector regulators and encouraging the use of their competition powers Considering regulatory references and appeals Dealing with digital markets and the...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 17 December 2019; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Summary of a CMA Chapter I inquiry into suspected fixing of estate agents’ commission charges in Berkshire. Latest development On 15 June 2020, the CMA stated it had obtained legally binding director disqualification undertakings from: (i) Mr Stephen Jones, a director of Richard Worth Holdings Limited and Richard Worth Limited (in administration); and (ii) Mr Neal Mackenzie, a director of Michael Hardy & Company ( Wokingham) Limited, Michael Hardy & Company ( Lettings) Limited and Geocharbert UK Limited. Mr Jones agreed not to act as a director of any UK company for six and a half years, and Mr Mackenzie agreed to the same...
CASE HUB ARCHIVED This archived case hub records the position as at the decision on 18 December 2020 and is no longer maintained. For further details, see the timeline, commentary and related cases. Case facts Outline of a CMA Chapter II investigation into Essential Pharma concerning an alleged abuse of dominance arising from its intention to cease supplying Priadel, a lithium-based medicine for the treatment of bipolar disorder. Latest developments On 18 December 2020, the CMA stated it had formally accepted commitments from Essential Pharma and closed the matter. Under these commitments, Essential Pharma will: provide appropriate and ongoing UK supplies of Priadel on terms agreed from time to time with the Department of Health and Social Care; refrain from issuing a discontinuation notice to the Department of Health and Social Care in relation to Priadel; ensure that any prospective divestment or licensing of the UK supply of Priadel does not...
CASE HUB ARCHIVED – this archived case hub sets out the position as at the decision date of 26 July 2016; it is no longer being maintained. For more detail, see timeline, commentary and related cases. Case facts Outline: A UK merger investigation into the proposed combination between Ladbrokes plc and certain businesses of Gala Coral Group Limited. The transaction features horizontal overlaps in the markets for licensed betting offices ( LBOs). Latest developments On 26 July 2016, the CMA published its final report and cleared the deal subject to remedies. For LBOs, the CMA concluded that the merger would be expected to give rise to an SLC in 642 local markets in Great Britain for the supply of gambling products in LBOs, as well as in the market for the supply of gambling products in Great Britain, due to the aggregated loss of...
CASE HUB See more, timeline. Case facts Overview of CMA’s Chapter I investigation into whether Leicester City FC and JD Sports breached Chapter I by colluding to curb competition in sales of Leicester City-branded clothing products. Latest developments On 31 July 2023, the CMA handed down its infringement decision. Leicester City FC received penalties totalling £880,000, reflecting a 20% settlement reduction. JD Sports self-reported the behaviour to the CMA and consequently obtained immunity under the CMA’s Leniency programme for this conduct......
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 27 September 2022; it is no longer maintained. See further, timeline. Case facts Outline CMA Chapter I investigation into Elite Sports Group Limited and its parent Elite Corporation Limited, JD Sports Fashion Plc, and Rangers Football Club Limited together with its parent Rangers International Football Plc, for having breached UK competition law by unlawfully fixing prices of certain Rangers Football Club-branded clothing items ( Case 50930)... Latest developments On 27 September 2022, the CMA delivered an infringement decision concluding that Elite and JD Sports violated the Chapter I prohibition by operating an unlawful price-fixing arrangement on selected Rangers Football Club-branded apparel between September 2018 and July 2019. Rangers FC also participated in the collusion, but solely in relation to setting the retail price of adult home...
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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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