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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 records the position as at the judgment dated 14 May 2020 and is no longer updated. For more, see the timeline, commentary, and related/similar cases. Case facts Outline Case C-607/18 NKT Verwaltung and NKT v Commission — an appeal before the Court of Justice against the General Court’s judgment in Case T-447/14, which had dismissed an action seeking annulment of the Commission’s decision concerning the high‑voltage power cables cartel ( AT.39610). Latest development On 14 May 2020, the Court of Justice handed down its judgment and partially allowed the appeal. It held that the General Court erred by: rejecting a plea alleging infringement of NKT’s rights of defence; concluding that the Commission had shown NKT knew, or ought reasonably to have anticipated, the cartel element involving a joint refusal to supply accessories and technical support to rivals outside the...
This Practice Note addresses the most frequently raised queries concerning the legislative framework that underpins care and supervision orders. It presents an overview of the grounds for, and the effects of, both care and supervision orders, sets out who is entitled to apply for them, and draws attention to the principal differences between the two outcomes. It should be read alongside the procedural guide to public law proceedings relating to children contained in our Public children— Public law Outline 2014. Care orders What is a care order and what is its purpose? A care order is an order made by the family court which permits a designated local authority to share parental responsibility for a child with any other holders of parental responsibility (noting that where parental responsibility exists solely by virtue of a child arrangements order, the making of a care order will...
This Practice Note outlines what is required when a care or supervision order in public law children cases concludes, whether through termination, discharge, variation, or substitution. It further explains the rules on extending such orders, setting out the relevant provisions governing any continuation. Care orders—general A care order lapses on the child’s 18th birthday or if otherwise brought to an end in another lawful manner. Where a child arrangements order specifies with whom the child is to live, any care order, including an interim care order ( ICO), is terminated. An adoption order wholly extinguishes a care order in its entirety. A placement order pauses a care order and does not extinguish it; if the placement order is revoked, the care order resumes. A placement order discharges any contact order made under section 34 of the Children Act 1989 ( Ch A 1989); hence, any...
CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment of 17 December 2014; it is no longer maintained. See further: timeline, commentary and related/relevant cases. Case facts Outline Appeal before the General Court seeking annulment, or a reduction, of the fine arising from the Commission’s decision of 12 November 2008, which found infringements of Article 101 TFEU and Article 53 of the EEA Agreement and imposed a €370m penalty on Pilkington for its alleged role in an EEA-wide car glass cartel between 10 March 1998 and 3 September 2002 (‘ Car glass cartel’). The case focuses chiefly on whether there was a ‘single and continuous infringement’. Parties Applicants (collectively, Pilkington): Pilkington Group Ltd Pilkington Automotive Ltd Pilkington Automotive Deutschland Gmb H Pilkington Holding Gmb H Pilkington Italia Sp A Defendant: European...
CASE HUB ARCHIVED This archived case hub records the position as at the judgment dated 10 October 2014; it is no longer maintained. For further details, see: timeline, commentary and related/relevant cases. Case facts Outline An appeal was lodged before the General Court seeking annulment, or alternatively a reduction, of the fine arising from the Commission’s decision of 12 November 2008 (as amended on 11 February 2009). That decision found infringements of Article 101 TFEU and Article 53 of the EEA Agreement and imposed a €4.396m penalty on Soliver for its alleged involvement in an EEA‑wide car glass cartel between 19 November 2001 and 11 March 2003. The dispute turns chiefly on whether there was a ‘single and continuous infringement’ and, in particular, on the evidential standard the Commission must meet to establish such an infringement......
The medical specialty focused on diagnosing and treating cancer is oncology. Handling oncology clinical negligence claims requires an understanding of cancer’s nature, its many forms, symptoms and treatments, diagnostic methods, and the limits of what diagnosis and intervention can achieve. The timing of both actual care and the hypothetical non‑negligent treatment in the counter‑factual scenario is crucial to causation and injury. Choosing an expert is not always straightforward. These cases also demand careful management of a claimant’s expectations from the outset. Sometimes a decision is needed between seeking damages for a living claimant or for the estate or dependants of someone who has died. This Practice Note therefore outlines the essentials: what cancer is, how and when it is identified and treated, the limitations on treatments, and the applicable case law. What is cancer? Cancer develops when cells in the body divide faster than they...
This Practice Note offers practical direction on establishing injury margins in anti-dumping and countervailing inquiries. It outlines the process and provides an illustration for each of the two approaches commonly applied by investigating authorities: price undercutting and price underselling. Introduction Both the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ( Anti-dumping Agreement) and the Agreement on Subsidies and Countervailing Measures ( SCM Agreement) permit the application of a duty lower than the calculated dumping margin or subsidy amount. Article 9.1 of the Anti-dumping Agreement and Article 19.2 of the SCM Agreement enable this option. That said, the Agreements merely encourage, rather than require, the imposition of a lesser duty, even though many investigating authorities choose to apply one. Neither Agreement sets out any detailed guidance. Below, we consider two techniques most frequently used by...
What is BYOD? BYOD describes arrangements allowing an organisation’s employees to connect to the corporate IT network with their own communications devices for specified, work-related purposes. Such arrangements may extend to laptops, tablets and smartphones. This Practice Note focuses on BYOD in the employment relationship. Key risks and benefits of BYOD Cost Cost is a central consideration. Potential benefits Reduced organisational spend by avoiding procurement, replacement and day-to-day management of devices for employees. Depending on how costs are shared, lower outgoings on service charges. Potential downsides and risks The organisation must still invest in technical solutions, training and ongoing support so staff can access BYOD, which in some cases could make the approach more expensive overall. Ending the purchase of employee devices under existing agreements with a communications provider—where products and services are often bundled—may diminish discounts applied to other product or service lines. ...
Byelaws are local laws or statutory provisions that carry legal effect within the specific areas to which they relate. They typically require certain actions to be taken, or forbid particular conduct, in defined locations, and breaches attract a sanction or penalty. In England, local authorities make byelaws to ensure things are done, or not done, across part or all of their area. For such orders to be observed, they must be enforceable in law. Accordingly, a byelaw must be: within the local authority’s lawful powers made by the proper decision-maker adopted through a transparent process expressed in clear and definite terms Local authority powers The authority to create a byelaw is granted by statute, either in a specific form or more generally. Specific enactments permit regulation of particular activities, for example: public walks and pleasure grounds the...
This Practice Note concentrates on the matters that applied prior to 6 April 2016—the date on which salary-related contracting-out (often called DB contracting-out) was brought to an end—when buying out these contracted-out salary-related ( COSR) entitlements: guaranteed minimum pensions ( GMPs)—the benefits built up by COSR scheme members as a result of contracting out between 6 April 1978 and 5 April 1997 Section 9(2B) rights (also referred to as post-1997 COSR rights)—the benefits accrued by COSR scheme members as a result of contracting out between 6 April 1997 and 5 April 2016 The legislative requirements that applied differed according to whether the relevant contracted-out rights were GMPs or Section 9(2B) rights. For guidance on the buy-out considerations from 6 April 2016 for Section 9(2B) rights and GMPs, see Practice Note: Buying out Section 9(2B) rights and GMPs from 6 April 2016. For...
Buyer beware An unsuspecting buyer may inherit substantial environmental liabilities linked to land and buildings. ‘ Caveat emptor’, meaning ‘let the buyer beware’, is a common law rule under which the seller has no obligation to reveal material facts to a prospective purchaser. See Practice Notes: Property—enquiries before contract and Misrepresentation, misstatement and non-disclosure in property matters. Consequently, the buyer must undertake its own searches, raise enquiries and carry out inspections before committing to a contract, to obtain the information it needs about the property. See Practice Notes: Pre-contract searches and Types of environmental searches and investigations. Contaminated land Remediation of contaminated land can incur very high clean-up costs, reaching several million pounds where groundwater contamination is involved. It can also cause property blight and derail a transaction. The local authority has a statutory function under Part IIA of the...
ARCHIVED: This Practice Note was archived and is not maintained. The war in Ukraine, together with measures imposed by and upon Russia, has upended global business operations, unleashing widespread and significant supply chain shocks, halts to day-to-day activity, and the forfeiture of assets located abroad. International retailers, manufacturers, service providers and technology firms have scaled back, exited, or are in the process of exiting their Russian operations. Losses reportedly exceed US$59bn. Notably, Russian entities leasing aircraft from international companies have not returned the planes after lease terminations. Interruptions in the flow of strategic metals, including neon used in microchip manufacture—produced in Russia and refined in Ukraine—have generated severe losses for both business partners and participants across the supply chain. Diminished agricultural output from Ukraine, together with the loss of agricultural inputs from Russia, such as potash, has tightened global grain supplies and is...
It is now broadly recognised that human rights are not solely an issue for nation states and international organisations. Companies operate worldwide with increasingly intricate structures and supply chains, and their activities can affect human rights in both beneficial and harmful ways. This has driven the creation of international initiatives designed to heighten business awareness of, and respect for, human rights. This Practice Note highlights the key matters that business organisations should understand about human rights. It summarises the requirements of the UN Guiding Principles on business and human rights, the UN Global Compact, and the obligation on organisations to respect human rights, and it also considers the business case for doing so. Human rights standards and initiatives The UN Global Compact The UN Global Compact ( UNGC) is a voluntary initiative established in 2000 under the auspices of the United Nations. Its purpose is to...
The aim of networking and business development is not to secure sales, harvest leads or push a promotion. Trying to achieve those outcomes by meeting people one by one is an inefficient route. Rather, the role of networking is to raise the visibility and credibility of your firm and of individual lawyers. As a by-product, it will often create a trusted web of contacts and suppliers. First steps Before you tackle networking for the first time, take these essential, practical preliminaries: Consider where your firm sits in the market, and if there is a marketing department, speak to them — they will be pleased to help lawyers convey the firm’s message. In a firm without a marketing department, work out what distinguishes the firm from others — is it a legal attribute such as international expertise or in-house advocacy? Or is it...
This training pack offers template Power Point decks with accompanying notes, intended for trainers when delivering a general introduction to the Building Safety Act 2022 ( BSA 2022). It covers: the background and overview of BSA 2022, the Building Safety Regulator, dutyholders, the Higher- Risk Building Regime, and claims and liabilities arising from building safety defects and construction products. The materials are available in both Power Point and Word file formats and are fully customisable throughout......
The Building Act 1984 ( BA 1984) authorises the Secretary of State and the Welsh Ministers to make Building Regulations for a range of purposes, including protecting the health and safety of people in or around buildings. It creates criminal liability for contraventions of those regulations and confers enforcement powers on local authorities. This Practice Note outlines guidance on the enforcement of Building Regulations. See Practice Note: Obtaining building regulations approval for guidance on when approval is required and how Building Regulations approval is secured. General power of local authorities to enforce Building Regulations and exemptions from enforcement BA 1984, s 91(2) states that enforcing the Building Regulations within their area is a function of local authorities. This is subject to situations where BA 1984, ss 91ZA or 91ZB provide that the Building Safety Regulator ( BSR) is the building control...
CASE HUB ARCHIVED This archived case hub captures the position as at the decision of 5 July 2018 and is no longer being maintained. For further materials, see the timeline, commentary, and related/relevant cases. Case facts Outline of Case C‑27/17 AB ‘fly LAL‑ Lithuanian Airlines’, in liquidation, v Starptautiskā lidosta ‘ Rīga’ VAS and ‘ Air Baltic Corporation A/ S’—a Lithuanian reference seeking clarification on how the Brussels Regulation applies to abusive behaviour under Article 102 TFEU, with a particular focus on identifying the place where the harm arose. Latest developments On 5 July 2018, the Court of Justice handed down its judgment in Case C‑27/17, following a reference from the Court of Appeal in Lithuania, addressing the application of Regulation ( EC) No 44/2001 (the Brussels Regulation) to anticompetitive and abusive behaviour under Article 102 TFEU......
ARCHIVED: This Practice Note is archived and is not maintained. It offers general context and a summary of the amendments to CPR 6, CPR 74 and Practice Direction 74A introduced to align with the revised jurisdiction provisions in Brussels I (recast), which took effect on 10 January 2015. Full details of the CPR changes commencing on 10 January 2015 are contained in Practice Note: CPR changes— January 2015 ( Brussels I (recast)) [ Archived]. This Practice Note was updated in January 2015 and will not be updated again. The links in Related Documents lead to maintained materials and set out the current position. Note: Lexis+® UK Dispute Resolution refers to Brussels I and Brussels I (recast). The CPR provisions, however, refer to the previous Judgments Regulation and the Judgments Regulation...
E& W Brussels I (recast)—the exception to the lis pendens rule (art 31(2)) [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note examines the carve-out from the lis pendens mechanism contained in Article 31(2) of Regulation ( EU) 1215/2012, Brussels I (recast). It operates only where the parties have concluded an exclusive jurisdiction clause, also termed an exclusive choice of court agreement; it does not extend to non-exclusive jurisdiction arrangements. When Article 31(2) is engaged, the court designated by the exclusive clause may proceed to decide whether it has jurisdiction even if it is not the first court seised of the claim. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state in respect of Regulation ( EU) 1215/2012, Brussels I (recast). Owing to transitional measures in the...
ARCHIVED: This Practice Note is archived and no longer updated. It outlines the consequences of Brexit for European companies ( Societas Europaea, SEs) and European Economic Interest Groupings ( EEIGs). It also looks at the UK-specific forms, UK Societas and UK Economic Interest Groupings ( UKEIGs). The material is supplied purely as background information... At 11pm UK time on 31 January 2020 (exit day), the United Kingdom departed the European Union pursuant to a ratified Withdrawal Agreement between the UK and the EU. The EU now treats the UK as a ‘third country’, meaning it is not an EU Member State nor a member of the European Free Trade Association ( EFTA)... Throughout the implementation period, ending at 11pm UK time on 31 December 2020 (the IP completion day), the UK and the EU worked to negotiate and conclude an agreement to govern their future...
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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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