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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 sets out the position as at the decision date of 30 October 2025; it is no longer being maintained. See the timeline for more. Case facts Overview of the CMA’s Chapter I investigation into alleged anti-competitive exchange of information among seven housebuilders regarding the supply of newly built residential homes in Great Britain. Latest development On 30 October 2025, the CMA stated it would accept revised commitments from the parties to tackle its competition concerns (see details below). Parties Barratt Redrow plc and its group companies ( Barratt Redrow): Barratt Redrow is a FTSE 100 housebuilder listed on the stock market, operating in England, Scotland and Wales. It sells homes under the Barratt Homes, Redrow and David Wilson Homes brands. Bellway plc and its group companies ( Bellway): Bellway is a FTSE 250 publicly listed...
CASE HUB (note–appeal lodged by Balmoral in Balmoral v CMA) ARCHIVED – this hub records the status as at 19 December 2016 and is no longer updated. See also Balmoral v CMA timeline and commentary. Case facts Outline CMA Article 101 TFEU/ Chapter I probe into a suspected cartel in the supply of galvanised steel water storage tanks, covering customer allocation, price fixing, bid rigging, and the sharing of commercially sensitive data (case CE/9691/12). Latest developments On 19 December 2016, the CMA issued two infringement decisions. Decision 1 Following settlement and admissions of wrongdoing, the CMA determined that Franklin Hodge, Galglass, KW and CST operated a market‑sharing, price‑fixing and bid‑rigging cartel. Penalties imposed were: CST – no penalty owing to immunity Franklin Hodge – £2,015,135, including a 30% leniency reduction and a 20% settlement reduction Galglass – £587,926, including a 20% reduction for settling KW – £22,248, including a 20% reduction for...
CASE HUB ARCHIVED This archived case hub captures the position as at the date of the decision of 10 January 2023; it is no longer maintained. See further: timeline. Case facts Outline Chapter II inquiry into whether ESS misused its dominant position in the supply of management information systems software by shifting customers from one‑year agreements to three‑year terms without giving them adequate opportunity to avoid the change and/or through the pricing of certain such software bundles/packages in a way that restricts competition. Latest developments On 10 January 2023, the CMA issued its decision to accept the commitments proposed by ESS (as set out below). Parties Education Software Solutions Limited ( ESS): ESS is the largest provider of school management information system ( MIS) software in England and Wales. Market(s) The provision of school management information system ( MIS) software in England and Wales. In the UK, most state schools are...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the decision of 23 May 2025; it is no longer maintained. See further, timeline and commentary. Case facts Outline The CMA is running a Chapter II CA98 probe into Vifor, alleging abuse of dominance through misleading denigration of a competing iron therapy product by the company. Latest developments On 10 December 2024, the CMA opened a consultation process on commitments proposed by Vifor (see below). It formally closes on 17 January 2025. Parties Vifor Pharma ( Vifor): a global pharmaceutical business headquartered in Australia. Pharmacosmos: Pharmacosmos......
CASE HUB ARCHIVED – this archived case hub reflects the position as at the date commitments were accepted on 26 October 2017; it is no longer maintained. See the timeline and commentary for more Case facts Outline of a CMA Chapter I CA98 probe into suspected anti-competitive membership rules operated by the Showmen’s Guild of Great Britain, the trade association for travelling showmen at funfairs (case 50243). Latest developments On 26 October 2017, the CMA accepted commitments from the Guild to remedy its competition concerns and therefore closed the case, contingent on Guild members approving the proposed rule revisions. Under these commitments, the Guild will amend its membership rules by: allowing non-member showmen to attend fairs run by the Guild easing limits on rival fairs setting up near Guild events enhancing transparency by publishing the Guild’s rules online and clearly stating objective...
This Practice Note outlines cloud computing concepts and sets out the core principles shaping the UK cloud market. It covers: History of cloud What is cloud? Software as a service ( Saa S) Platform as a service ( Paa S) Infrastructure as a service ( Iaa S) Deployment models Benefits and risks Relationship to outsourcing Legal issues Cloud terminology Detailed guidance on cloud-related legal issues appears in Practice Note: Cloud computing—key legal issues, together with an examination of typical contractual terms and negotiating positions. See also Lexology Panoramic: Cloud Computing Precedent: Software as a service ( Saa S) agreement—pro-customer The pro-supplier Precedent suite: Software as a service ( Saa S) agreement—master Saa S...
In brief Data protection regimes across the EEA (the EU together with Iceland, Norway and Liechtenstein) and the UK aim to ensure information about living people (within the meaning of 'personal data') is handled fairly and responsibly, in both the EEA and the UK. To achieve that, both EEA and UK data protection rules place extensive and numerous duties on those 'processing' personal data and on controllers overseeing such activity. ' Processing' is interpreted broadly, covering most actions performed on data, including storing, deleting, collecting, disclosing or using it. A key safeguard under both EEA and UK data protection laws is the suite of obligations imposed on 'controllers' (typically those who determine the purposes and means of processing) and 'processors' (those that process personal data for a controller in line with the controller's instructions). Among other matters, EEA and UK data...
THIS PRACTICE NOTE APPLIES TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES In the present economic environment, more employers are choosing to cease future benefit build-up for existing members in their defined benefit workplace pension schemes, and to establish a new defined contribution arrangement for benefits earned on future service instead. Closing a scheme to further accrual is frequently complex, and trustees will need to consider a range of factors and its implications before giving approval to any proposal advanced by the employer......
This table sets out all concluded probes by Hong Kong’s competition regulator (the Competition Commission—the CC) into suspected cartels, anti-competitive agreements and abuses of market dominance since 2018. Note—only matters made public are included in this table. 2025 Investigations under the First Conduct Rule of the Competition Ordinance Case name, companies under investigation and industry Cleaning services — 2 undertakings and 3 individuals (listed here) Issues Restrictive agreements Developments Competition Tribunal delivers judgment—20/01/2025; fines totalling HK$11.31m imposed Settlement agreement reached—09/12/2024; fines totalling HK$10.96m imposed Investigations under the Second Conduct Rule of the Competition Ordinance Case name, companies under investigation and industry Issues Developments The CC has not yet issued any decisions under the Second Conduct Rule in 2025 2024 Investigations under the First Conduct Rule of the Competition Ordinance Case name, companies under investigation and industry IT solutions — 4 undertakings and 1 individual (listed...
This training pack provides ready-to-use Power Point slide templates and accompanying trainer notes for use by trainers to support sessions introducing the law on climate change. It explores what climate change means and why it matters, the policy and legislative landscape, whether current targets are adequate, how these issues affect businesses, climate change and biodiversity—the twin crisis, and lawyers’ responsibilities in relation to climate change. The materials can be tailored to suit your session. Follow the link provided to download the Power Point presentation now. Contents An introduction to climate change Legislative and policy framework Are current targets sufficient? Climate change and business Environmental regimes Climate change and biodiversity—the twin crisis Lawyers’ duties ......
Poor communication with a client frequently triggers complaints and professional claims. Whether or not a claim has merit, it is crucial to confirm you understand what the client is saying or requesting, ensure they understand the pertinent issues, and manage their expectations. This Practice Note highlights common pitfalls in client communications and provides practical tips to help you get the most from your client relationships and prevent miscommunication and avoid communication problems from arising at all. First impressions The first contact a client has with a firm typically sets the tone for all later communications......
Client care means delivering an appropriate standard of service to clients. This Practice Note explains the Solicitors Regulation Authority ( SRA) framework governing client care, service quality and competence, together with client care letters and the particulars they must include, such as cost limits, interim and statute bills, complaints procedures, termination of instructions, and information that must be provided where a client is either privately or publicly funded. It also considers the Resolution Code of Practice, Law Society guidance, and the position of the Legal Ombudsman ( Le O) on client care. Solicitors Regulation Authority regulatory regime The key elements of the SRA Standards and Regulations include the SRA: Principles Code of Conduct for Solicitors, registered European lawyers ( RELs) and registered foreign lawyers ( RFLs) Code of Conduct for Firms Accounts Rules Glossary For further guidance, see Practice Note: The...
Scope of this Practice Note The Financial Services Authority’s ( FCA) rules in chapter 4 of the Conduct of Business sourcebook ( COBS 4) broadly apply to firms when interacting with a client or prospective client while conducting designated investment business or Mi FID, equivalent third-country or optional exemption business, and when issuing or approving a financial promotion concerning investment business. These provisions apply as appropriate and where relevant across such activities. This Practice Note flags matters the FCA considers material regarding the assembly of a financial promotion, so as to ensure it meets the regulatory requirements set out in chapter 4 of the FCA’s Conduct of Business Rules ( COBS 4). For more on what amounts to a financial promotion, refer to Practice Note: The financial promotion regime—essentials......
The Waste ( England and Wales) Regulations 2011 The Waste ( England and Wales) Regulations 2011 ( SI 2011/988) gave effect in domestic law to the Waste Framework Directive 2008/98/ EC ( WFD), as updated in 2018. Earlier Directives were put into practice through a suite of Acts and Regulations, among them: the Environmental Protection Act 1990, notably section 34 on the duty of care owed by those handling waste the Control of Pollution ( Amendment) Act 1989 and the Controlled Waste ( Registration of Carriers and Seizure of Vehicles) Regulations 1991 ( SI 1991/1624), addressing registration of waste carriers the Environmental Permitting ( England and Wales) Regulations 2016 ( SI 2016/1154), covering permits for waste disposal and recovery activities the Hazardous Waste ( England and Wales) Regulations 2005 ( SI 2005/894), the Hazardous Waste ( Wales)...
By-product or waste? Working out whether a substance or item counts as waste can be intricate. See Practice Note: Meaning of waste—what is waste? The task may require judging if the material is a product/by-product, or instead a production residue. The expression ‘by-product’ lacks a definition in domestic legislation, and production residues are especially hard to evaluate......
A company with share capital can issue multiple classes of share, each carrying distinct rights. A company without share capital can instead have separate classes of member with different rights. The presence of such classes can give rise to class rights. Where class rights exist, they may only be altered in the manner permitted by the Companies Act 2006 ( CA 2006). For more information, see Practice Note: Class rights and variation of class rights. What different types of share might a company having a share capital allot? In a limited company with share capital, every share must have a fixed nominal value (as required by CA 2006, s 542) and will usually be assigned a designation or name, for example, ordinary shares of £1 each. The nominal (par) value is the fixed monetary amount by which a share is denominated and indicates the...
Class actions— Australia— Q& A guide This Practice Note provides a jurisdiction-focused Q& A on Australian class actions, produced within the Lexology Getting the Deal Through series by Law Business Research (law as at 14 October 2022). Authors: Clayton Utz— Andrew Morrison; Colin Loveday 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? Australia’s Federal Court operates a statutory framework for representative proceedings. That framework is set out in Part IVA of the Federal Court of Australia Act 1976 ( Cth) (representative proceedings). Closely comparable provisions apply in the Supreme Court of Victoria under Part 4A of the Supreme Court Act 1986 ( Vic). Since March 2011, the Supreme Court of New South Wales ( NSW) has maintained its own, distinct class action mechanism. This pathway permits...
Background to the FCA regulation of claims management activities In April 2007, the Ministry of Justice ( Mo J) created the Claims Management Regulation Unit ( CMRU) to oversee and directly regulate claims management companies ( CMCs). Since that point, the government has grown increasingly concerned about widespread misconduct within the claims management sector nationwide. In 2015, it commissioned the independent Brady Review to assess fully the nature and true scale of problems in the market and to propose practical improvements to regulation. The Review’s final report set out several detailed recommendations aimed at strengthening authorisation, supervision and enforcement processes for the regulation of CMCs. It concluded that, in principle, the most suitable route would be a new, standalone independent regulator focused solely and specifically on CMC regulation. However, given the government’s drive to reduce the number of public and...
Definition Guidance for doctors who provide cosmetic interventions, issued by the General Medical Council ( GMC) in 2016 and revised in December 2024, defines cosmetic interventions as any procedure, treatment or intervention undertaken chiefly to alter some aspect of a patient’s physical appearance. This spans surgical and non-surgical options, encompassing both invasive and non-invasive approaches. In recent years, cosmetic surgery activity has surged markedly; online discounting has played a part in fuelling this rise. As the volume of procedures increases, so too does the likelihood that complications or undesired outcomes may occur......
This Practice Note distils cases pertinent to claims against directors. It illustrates the wide spectrum of actions and questions that may surface in director-focused proceedings, with an emphasis on decisions from February 2026 onwards. For digests of rulings before 2026, see Practice Note: Claims against directors—key and illustrative decisions [ Archived]. For guidance on the principal heads of claim relevant to director disputes, and the practical points worth addressing at the outset of any claim against a director, see Practice Note: Claims against directors—key considerations for dispute resolution practitioners. Case details and analysis Court of Appeal: South Bank Hotel Management Company Limited v Galliard Hotels [2026] EWCA Civ 56 — News Analysis: Conversion under section 21(1)(b) of the Limitation Act 1980 and good faith pursuant to section 44(5) of the Companies Act 2006 ( South Bank v Galliard) — Judgment date: 6 February...
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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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