Featured documents
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
Most recent Practice notes
ARCHIVED: This Practice Note is archived and not maintained. It provides guidance on employing remote and hybrid hearings, both by video-conference and by telephone, in civil proceedings during the coronavirus ( COVID-19) pandemic. It reviews the court’s approach to remote or hybrid hearings over the pandemic and the guidance issued by the courts for handling remote hearings, including measures adopted to deal with them. For details of current guidance concerning remote and hybrid hearings in civil proceedings, see Practice Note: Remote and hybrid hearings in civil proceedings. Courts approach to remote hearings during the coronavirus ( COVID-19) pandemic The position on remote hearings shifted substantially from the outset of the pandemic, but the following cases illustrate how the courts dealt with applications for remote hearings during that period. As a rule, in all cases, whether a hearing should proceed remotely, and the mode by which each...
ARCHIVED: This Practice Note is archived, not updated, and supplied purely for background reference. It is not maintained and remains available solely as background material. In addition, certain links may no longer lead to the provisions as they stood when the guidance in this Practice Note was issued. For details on earlier or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Agreed minutes The CPR Committee has provided the agreed minutes of this meeting here, for ease of reference only: Costs budgeting After the new Precedent H was released in April 2016, several queries emerged. District Judge Lethem carried out detailed analysis of them and decided they were merely technical, not matters of substance. Therefore, no changes to Precedent H are before the CPR Committee. Accordingly, nothing substantive was identified. Note: minor amendments are anticipated; see Practice Note: Further revisions to...
ARCHIVED: This Practice Note has been archived; it is not updated, serving background information only...
ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only Some links may no longer lead to the provisions as they stood when the guidance in this Practice Note was issued. For details of earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Replies to the questions posed were provided by: Mr Justice Coulson—the Deputy Head of Civil Justice Mr Justice Birss— Senior Court Judge Mr Justice Kerr— Senior Court Judge District Judge Hovington— Northern Circuit District Judge Lethem— South Eastern Circuit Mr John Dagnall— Barrister at Maitland Chambers A copy of the Questions and Answers later approved by the CPR Committee ( CPRC) is also available here: CPR Committee agenda Question How do the secretariat and the chair settle the CPRC’s agenda and the subjects on which it...
ARCHIVED: This Practice Note is archived, no longer maintained, and for background information use only...
Charity trustees who are thinking about bringing or resisting legal proceedings must reflect on several matters arising from the duties they owe: as trustees; under charity law; and, where applicable, under company law. This Practice Note outlines points for charity trustees—whether CIOs, corporate bodies, trusts, membership organisations or otherwise—who are involved in, or considering, civil litigation. It does not deal with criminal proceedings, challenges to Charity Commission decisions, or the drafting and settling of schemes. General principles—charity trustee decision making Litigation is costly and carries risk. Any litigant, charitable or not, should: weigh potential downsides against likely gains. Downsides include representation costs, the danger of an adverse costs order, the time and effort absorbed by the process, and the risk of unfavourable publicity. Gains may include the value of relief sought from the court, stopping an adverse claim, or the negotiating leverage that a strong claim or...
ARCHIVED : This Practice Note is retained purely for historical reference. The principal legislation addressing reforms to funding arrangements is contained in Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012), with consequential amendments reflected in the Courts and Legal Services Act 1990 ( CLSA 1990). Changes The changes relating to funding arrangements are set out in: conditional fee agreements ( CFAs): LASPO 2012, s 44 concerns success fees in CFAs, defines the requirements for a valid CFA including a success fee, and confirms that success fees are no longer recoverable from the losing party......
ARCHIVED: This Practice Note stems from provisions revoked on 1 April 2013 and is kept solely for historical reference. It sets out the requirements for costs estimates that must be lodged with the court and served on the other parties (and on the client) under practice direction 44, para 6. It should be considered in conjunction with the following Practice Notes: Own client costs information [ Archived], addressing the costs information that must be given to the client under the 2011 Solicitors Code of Conduct Costs management in Mercantile and TCC courts—pilot scheme. There is currently a costs management pilot operating in the Mercantile and TCC courts, under which parties are required to provide a costs budget at the first CMC What is an estimate of costs? ......
Appeals—court guides Parties bringing an appeal must observe the rules applicable to that appeal. The framework for appeals to the County Court, the High Court and the Civil Division of the Court of Appeal is set out in CPR 52 together with the accompanying Practice Directions— CPR PD 52A, CPR PD 52B, CPR PD 52C and CPR PD 52D (general civil litigation provisions). The provisions addressed in this Practice Note should be read alongside those general civil litigation provisions. Guidance on these provisions is available here: Civil appeals: general and preliminary considerations—overview Civil appeals to the County Court and the High Court—overview Civil appeals to the Court of Appeal—overview In addition to all relevant CPR provisions, practitioners must also adhere to any requirements in a specialist court guide for the division or court where the case is being heard. This Practice Note offers...
Appeal work in civil proceedings is regulated by CPR 52 and its suite of practice directions: CPR PD 52A, 52B, 52C, 52D and 52E. PD 52A sets out the general rules on appeals, while PD 52C provides additional requirements for appeals progressing to the Court of Appeal. Taken together, these instruments govern the procedure for appeals. Initiating an appeal Alongside the general provisions in PD 52A, an appellant taking a case to the Court of Appeal must also adhere to PD 52C. Those rules cover, in particular, lodging the appellant’s notice with supporting documents, extensions of time for that filing, the grounds relied on, what applies when documents are missing, and service on the respondent. For more detail, see Practice Note: Starting an appeal in the Court of Appeal. Respondent's notice In general, the respondent only needs to act once told that the appellant has...
This Practice Note outlines the timetable for takeovers carried out as contractual offers. It addresses the 28-day ‘put up or shut up’ requirement under Rule 2.6, the Day 0 posting of the offer document, and the key milestones on Day 21, Day 39, Day 53 and Day 60 under the City Code on Takeovers and Mergers ( Code), alongside offer revisions and the effect of competing bids on timing. For illustrative schedules, see Timetable—recommended offer and Timetable—hostile offer. For a comparative schedule contrasting takeovers via offer and via scheme of arrangement, see Structuring a takeover: offers and schemes of arrangement—comparative timetables. Legal and regulatory framework Following an offeror’s announcement of a firm intention to make an offer ( Firm Intention Announcement), the timetable is governed by: the Code, subject to the Panel consenting to or directing modifications to the Code’s...
This Resource Note summarises the principal elements of Rule 17 of the City Code on Takeovers and Mergers (the Code) and signposts pertinent materials, commentary and guidance from the Panel on Takeovers and Mergers (the Panel), together with Lexis+® UK analysis and resources, to offer practical direction on interpreting and applying Rule 17. Materials addressed in this Resource Note include: detailed Notes accompanying the Code, which elaborate on how the Rules are intended to be implemented, plus Appendices dealing with particular issues Practice Statements issued by the Panel Executive (the body undertaking the day-to-day supervision of takeovers and regulation of the Code) ( Executive), providing informal guidance on the Executive’s usual interpretation and application of the Code Panel Statements ( P/ S) and Panel Instruments published by the Panel Public Consultation Papers ( PCP) and Response...
The Chartered Institute of Building ( CIOB) issued the ' CIOB Contract for use with Complex Projects, First Edition 2013' ( CPC 2013) in April 2013, aligning it with the principles set out in the CIOB’s Guide to Good Practice in the Management of Time in Complex Projects (the CIOB Guide). Drafted with a clear emphasis on the management of time in complex construction and engineering projects, the form prioritised programme control. It broke new ground as the first standard form contract to address Building Information Modelling ( BIM) in detail, and it advocated a collaborative stance on design. In November 2015, CPC 2013 was replaced by a revised edition of the contract, retitled the ' 2015' ( TCM 2015). Most of CPC 2013’s provisions were carried forward into TCM 2015, with moderate redrafting prompted by customer feedback, together with some...
Introduction This Practice Note serves as a handbook to arbitration conducted by the International and Ibero- American Arbitration Center of Madrid (‘ CIIAM’ or the ‘ Center’) (formerly CIAM- CIAR) pursuant to its arbitration rules effective from 1 January 2024 (the Arbitration Rules). It focuses on the issuance of awards, the assessment and apportionment of costs, and the ways in which proceedings can be brought to a close. Time limit for rendering awards The Arbitration Rules set timetable parameters that marry predictability with sufficient flexibility. They differentiate between standard proceedings and accelerated options (‘abbreviated procedure’ and ‘highly expedited procedure’). The Center oversees adherence to time limits, and arbitrators’ timeliness may influence both applications for extensions and the setting of fees ( Arts 4.5, 49.1, and institutional guidance on award scrutiny). In ordinary proceedings, unless the parties stipulate otherwise, tribunals must issue awards on the merits within three months after the...
Introduction This Practice Note provides guidance on arbitrations administered by the International and Ibero- American Arbitration Center of Madrid (‘ CIIAM’ or the ‘ Center’)—formerly CIAM- CIAR—under its Arbitration Rules effective from 1 January 2024. It reviews the main steps to commence and organise a CIIAM arbitration: from lodging the request and appointing arbitrators, to standards on independence, challenges, the possible designation of an arbitral secretary, and the provisions dealing with default and the continuation of the proceedings. Request for arbitration and answer CIIAM proceedings commence when the request for arbitration is filed with the Center, which may be submitted by email to solicitudes@ciiam.org. This filing opens the case file, sets out the essential particulars and, where appropriate, names the claimant’s co-arbitrator where a three-member tribunal is contemplated. The Arbitration Rules set out the minimum contents and the mandatory annexes. As a minimum, the request should...
Introduction This Practice Note outlines arbitration proceedings administered by the International and Ibero- American Arbitration Centre of Madrid (‘ CIIAM’ or the ‘ Centre’) (formerly CIAM- CIAR) under the arbitration rules effective from 1 January 2024 (the Arbitration Rules). It concentrates on the expedited and emergency options for international disputes connected to Spain, the triggers for their use, timetable requirements, and practical conduct to ensure enforceability. Abbreviated procedure The abbreviated procedure aims to dispose of lower-value cases through a simplified route while safeguarding the right of defence. It is governed by Article 53 of the Arbitration Rules. Scope of application and activation The abbreviated procedure applies automatically when the aggregate amount in dispute (claim and, where relevant, counterclaim) does not exceed €1 million. The parties may nevertheless disapply it by express agreement, or the Centre may decline to use it if a party lodges a reasoned...
This Practice Note is confined to arbitration conducted under the revised CIETAC Arbitration Rules 2024 ( CIETAC Rules). As a general proposition, the 2024 CIETAC Rules apply to arbitrations accepted by CIETAC on or after 1 January 2024, or where the parties have opted to adopt the CIETAC Arbitration Rules 2024 ( CIETAC, art 88). The 2015 rules remain applicable to arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. For help on the CIETAC Rules 2015, see: CIETAC arbitration—overview. This Practice Note relates to international or foreign‑related disputes, or disputes linked to Hong Kong SAR, Macao SAR or the Taiwan region ( CIETAC, art 3.2). CIETAC has separate provisions for domestic arbitration, which are excluded from this Note. There are also distinct provisions for arbitrations administered by the CIETAC Hong Kong Arbitration Center ( CIETAC, art 76), which are not...
ARCHIVED: This Practice Note has been archived and is not maintained NOTE: On 5 September 2023, CIETAC announced new revisions ( Revisions) to its 2015 arbitration rules, prompted by the growing demand for flexibility and efficiency in the digital era and shifts in international arbitration practice, following a revision programme launched in April 2021. Extending across more than 30 articles, the Revisions address digital case management, tiered arbitration agreements, jurisdiction, multi-contract arbitrations, arbitral procedures and other complex issues. The Revisions will come into force on 1 January 2024 and will apply to all CIETAC arbitrations commenced from that date. CIETAC’s current arbitration rules have been in effect since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s structure and role as set out in the CIETAC Rules 2015. This Practice Note relates to...
Chronic primary pain and its meaning Chronic primary pain is a broad label for cases where a claimant experiences pain symptoms but medical investigations have not identified a specific pathological explanation for the pain. The National Institute for Health and Care Excellence ( NICE) published guidance in April 2021 addressing the assessment and management of chronic pain. Chronic pain—sometimes called long-term or persistent pain—is defined in that guideline as pain lasting longer than three months. The NICE guidance centres on chronic primary pain, that is, pain with no obvious underlying cause, or pain (or its impact) that is disproportionate to any detectable injury or disease. The guideline does not recommend for or against pain management programmes for chronic primary pain; rather, the committee agreed that options should be tailored following a patient-centred assessment. ICD-11 (the eleventh revision of the...
ARCHIVED : This Practice Note has been archived and is not maintained This Practice Note outlines choice of court agreements under Article 23 of Regulation ( EC) 44/2001, Brussels I. It examines the conditions for an effective agreement and when the article does not apply. It also covers the hearing, the standard of proof, and whether jurisdiction is exclusive or non-exclusive. The effect on non- EU parties is considered. Since 10 January 2015, Regulation ( EC) 44/2001, Brussels I was repealed and replaced by Regulation ( EU) 1215/2012, Brussels I (recast). Transitional arrangements mean Brussels I may still govern your matter; see Practice Note: E& W Brussels I (recast)—application and exclusions. For types of jurisdiction clauses, see Practice Note: Jurisdiction agreements—introduction. What is a choice of court agreement? Article 23 of Regulation ( EC) 44/2001, Brussels I permits parties to choose the court or courts that will have...
Popular documents
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 ]...
Discover more from LexisNexis
