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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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Lexis+® UK has released News Analysis exploring numerous matters arising from Brexit’s effects. Key highlights are set out in the tables below. You can receive Brexit news updates and analysis by signing up for alerts. See Q& A: How do I sign up for Brexit alerts? For an archive of Brexit news and analysis published during the transition period, see: News Analysis—transition— Brexit collection [ Archived], and for Brexit news analysis published during the withdrawal period, see: News Analysis—withdrawal— Brexit collection [ Archived]. Brexit News Analysis Q2 & Q3 2025 Date News Analysis Brief description of News Analysis 06/10/2025 Weekly round-up of EU- UK TCA Specialised Committees’ publications—6 October 2025, LNB News 07/10/2025 8. A weekly summary detailing publications issued by the Specialised Committees set up under the EU- UK Trade and Cooperation Agreement ( TCA) covering 1–7 October 2025. ...
On 23 June 2016, the UK voted in a referendum on its membership of the European Union ( EU). A majority of 51.9% backed the UK’s departure from the EU (‘ Brexit’). On 29 March 2017, the government formally notified the EU of the UK’s intention to withdraw, invoking Article 50 of the Treaty on European Union ( TEU). Under Article 50, unless otherwise agreed by the parties, the withdrawal arrangements must be settled within two years, failing which the UK would exit the EU without a deal. A central question in the withdrawal negotiations concerned safeguarding the residence rights of EU nationals residing in the UK and British nationals living in other EU states. In the absence of transitional measures, the immediate effect of the UK leaving the EU could be that all EU‑derived residence rights would cease......
ARCHIVED: This Practice Note has been archived and is not maintained. It examines the impact of Brexit on commercial contractual clauses ahead of IP completion day. For details on how IP completion day affects commercial clauses, see Practice Note: What does IP completion day mean for contract clauses? The UK’s withdrawal from the EU on exit day, the implementation period, and the time beyond create a range of implications for the drafting, negotiation, and enforcement of contracts governed by English law. This Practice Note focuses on the potential effects that Brexit may have on business-to-business ( B2B) commercial contract clauses specifically. In particular, it assesses whether Brexit might influence, alter, or give rise to a need for: warranty clause hardship clause force majeure clause business continuity clause price variation clause For the impact that Brexit may have on the drafting, negotiation and enforcement of B2B boilerplate clauses, see Practice Note:...
FORTHCOMING DEVELOPMENT : Section 10 of the Finance Act 2022 will lift the normal minimum pension age ( NMPA) from 55 to 57 on 6 April 2028, with members of the firefighters, police and armed forces public service pension schemes excluded. The Act also preserves access before age 57 for members of registered schemes who, on or before 4 November 2021, either already held an ‘unqualified right’ to draw benefits, or were part-way through a substantive transfer to a scheme conferring an unqualified right to a protected pension age below 57 by that date. To rely on this 2028 protection, the scheme’s rules must, as at 11 February 2021, have contained an unqualified right to take scheme benefits before 57. For more detail, see Practice Note: Increasing the normal minimum pension age ( NMPA) to 57—pensions impact. As a general position, members of...
This table provides an overview of all concluded probes by Belgium’s competition watchdog (the Belgian Competition Authority— BCA) concerning suspected cartels, anti-competitive agreements and abuses of dominant positions ( Articles 101/102 TFEU and domestic counterparts) from 2018 onwards. Note—only publicly available decisions appear here. 2026 Investigations under Article 101 TFEU/ Article IV.1 of the Code of Economic Law Newspaper distribution Companies: bpost; DPG media; Mediahuis; PPP Issue: Restrictive agreements—bid rigging Development: Infringement decision announced—13/02/20256; fines totalling €11,898,483 imposed Investigations under Article 102 TFEU/ Article IV.2 of the Code of Economic Law The BCA has not yet delivered any decisions under Article 102/ Article IV.2 in 2026. 2025 Investigations under Article 101 TFEU/ Article IV.1 of the Code of Economic Law ...
This Practice Note explores how a bankruptcy affecting either party interacts with one or more financial orders already made in matrimonial or civil partnership proceedings. It also outlines bankruptcy essentials for family practitioners, including how income payments orders and income payments agreements can influence both the payer and the recipient. For direction on how a bankruptcy petition or order may affect prospective or ongoing financial remedy proceedings, see Practice Note: The impact of bankruptcy on divorce proceedings. For broader guidance, see Practice Note: Dos and don’ts for family lawyers when dealing with bankruptcy. The consequences of bankruptcy for existing financial orders vary according to the nature of the order and whether, in general terms, the bankrupt is the paying or the receiving party. Bankruptcy—the basics An individual can be made bankrupt in two principal ways: By the filing of a bankruptcy petition at court by...
This Practice Note provides a concise overview of bankruptcy and its effect on legal proceedings from a dispute resolution standpoint, summarising key points in practice... What is bankruptcy? Bankruptcy is an insolvency route for individuals. It applies to individuals only. Prior to 6 April 2016—and in contrast to corporate liquidation—only the court had power to make an individual bankrupt. From 6 April 2016, a new bankruptcy applications regime took effect, replacing debtors' bankruptcy petitions, though creditors' petitions remained unaffected. Petitions lodged by debtors before that date were unaffected; now, anyone seeking their own bankruptcy must file an online application decided by an adjudicator—an official of the Insolvency Service—rather than the court. For more detail and background, see News Analysis: New bankruptcy applications regime to come into force. Once a bankruptcy order is made—by the court or by the...
The position of a personal pension on bankruptcy Once a bankruptcy order is made, the bankrupt’s estate automatically passes to the official receiver, or to an insolvency practitioner appointed at that time, who serves as the first trustee in bankruptcy. Certain items are excluded, such as tools and equipment needed for the bankrupt’s trade, and clothing and similar essentials necessary to meet basic domestic needs. This Practice Note explains what happens to an individual’s pension entitlements when a bankruptcy order is made. It looks at the impact of bankruptcy on occupational, personal and state pension arrangements. Bankruptcies predating 29 May 2000 This section applies to individuals made bankrupt following bankruptcy petitions lodged before 29 May 2000. Rights gained under personal and occupational pension schemes are generally recoverable by the trustee in bankruptcy. A debtor’s contractual rights under these arrangements are treated as choses in action within the broad...
In banking transactions, guarantees are commonly used as collateral for debt. In that setting, they comprise a contractual arrangement under which one party (the guarantor) undertakes to be answerable for the liability of another (the principal) to a further party. They do not confer rights over property. In this sense, guarantees are characterised as quasi-security. This Practice Note considers: the key characteristics of guarantees how guarantees are used in financing transactions why lenders prefer documentation to include both a guarantee and an indemnity which obligations are commonly guaranteed in finance transactions—obligations under a specific transaction or ‘all moneys’? whose obligations are commonly guaranteed in finance transactions the use of limited guarantees the importance for lenders of understanding guarantor rights and protections This Practice Note does not deal with on demand guarantees (see Practice Note: On demand guarantees and...
This Practice Note summarises the background to the respective positions of the UK and EU. It is presented for academic interest only and is archived... Background Civil judicial co-operation— UK and EU approaches After the EU referendum, work on civil judicial co-operation concentrated on securing targeted transitional arrangements, aiming to maintain legal certainty across key areas of law and practice as the UK departed the EU. The EU and the UK chiefly articulated their positions in a series of documents and later released a joint progress report. Provisions on civil justice are included in the political declaration... EU — 12 July 2017 EU — 12 July 2017 UK — 22 August 2017 UK — 23 August 2017 UK and EU — 8 December 2017 UK/ EU — 17 October 2019: Political declaration setting out the framework for the future...
Practice Note This Practice Note offers practical guidance for general commercial practitioners on matters to weigh up when drafting a business-to-business agreement or arrangement intended to minimise the harmful consequences of unforeseen events, shifts in the economic climate, crisis, disaster, or other circumstances beyond the contracting parties' control. It is equally pertinent for practitioners when preparing a contract during a force majeure or other ongoing disruptive event. The Practice Note also examines illegality, hardship, business continuity, rights to terminate, and key risk-mitigation clauses, including those addressing price variation, currency exchange fluctuations, indemnities, insurance, and contract review. For a concise 'how to' guide on preparing contracts to cover unforeseen events that signposts relevant content, with links to potentially relevant issues such as clauses dealing with force majeure, and other commercial and practical considerations, see Practice Note: How to draft a contract to cover...
This glossary sets out numerous expressions frequently encountered in the restructuring arena. Words appearing in the definitions in bold are explained in other entries in this glossary. For further banking terminology, see the principal Banking & Finance Glossary. Restructuring glossary— A Acceleration: Acceleration means the agent, acting on directions from the majority lenders after an event of default, takes formal action, for example calling for early repayment of the facility. Ad-hoc committee: A temporary creditors’ group (often contrasted with a formal committee) that lacks any entitlement to official recognition. Administration: A process under the IA 1986 in which a financially distressed company is operated by an administrator as a going concern before longer-term outcomes, such as break-up and sale, are pursued. Administrator: An Insolvency Practitioner named by the court, a Qualifying floating charge holder, the directors or the company, to take...
CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment dated 13 March 2015; it is no longer updated. See the timeline, commentary and related cases. Case facts Outline: An appeal brought by AXA PPP Healthcare Limited against the CMA’s final decision following the private healthcare market investigation ( CAT case number 1228/6/12/14). Parties AXA PPP Healthcare Limited ( AXA) — one of the UK’s largest providers of private medical insurance ( PMI). Competition and Markets Authority ( CMA). Market(s) The matter concerns privately funded healthcare services in the UK, covering independent private hospitals as well as private patient units in NHS hospitals. AXA supplies PMI in the UK and enters agreements with private hospital groups for medical services; the three largest private hospital groups were the principal parties in the CMA’s private healthcare market...
This Practice Note serves as a practical ‘how to’ on avoiding unfair commercial practices with consumers. It explains what businesses can do to stay within the unfair commercial practices ( UCP) provisions of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024), including avoiding drip pricing and taking reasonable and proportionate steps to prevent and remove fake reviews. Where appropriate, it signposts to other detailed notes on consumer law and practice. For a general introduction to the consumer protection provisions of DMCCA 2024 and detailed tracking, see Practice Notes: The Digital Markets, Competition and Consumers Act 2024—key consumer protection provisions and Digital Markets, Competition and Consumers Act 2024—consumer protection tracker. What is an unfair commercial practice? Unfair commercial practices are prohibited under DMCCA 2024, s 225(1). A ‘commercial practice’ means any act or omission by a trader connected to promoting or...
This Practice Note on avoiding civil litigation sets out what to weigh up and what to do as a contractual dispute develops, so as to reduce the likelihood of the matter progressing to court proceedings (litigation) in England and Wales. For related guidance, see Practice Note: Resolving a dispute—initial considerations. Why avoid litigation?(the ‘litigation cost’) Litigators do not always acknowledge it, but for many clients, once a contract dispute is litigated (ie ‘we go to court’), there is, to some extent, already a failure. The reason is that the overall ‘litigation cost’ can be immense, including: financial outlay—covering the client’s fees with you (and any experts needed to support their case) and, potentially, the other side’s costs too (see Practice Note: Costs orders—the general rule) lost management time—with senior personnel and other staff diverted from productive business work while meeting the demands of the process (the...
Employers have a duty to: Re-enrol eligible jobholders into an automatic enrolment scheme broadly every three years, where on the relevant date they are not active members of a qualifying scheme Re-enrol eligible and non-eligible jobholders without delay in certain situations, for example where they cease active membership of a qualifying scheme due to an action taken by the employer The point in time from which a jobholder must be put back into a scheme is known as the automatic re-enrolment date. Whether re-enrolment is on the cyclical timetable or happens immediately, the process matches auto-enrolment: the employer must follow the same legal steps so the jobholder becomes an active member from their automatic re-enrolment date. Employers are also required to re-register with the Pensions Regulator, confirming how they have met their automatic re-enrolment duties......
THIS PRACTICE NOTE APPLIES ONLY TO PENSION SCHEMES IN ENGLAND AND WALES This Practice Note has been archived. It applies only to pension schemes in England and Wales. It explained the actions employers should have undertaken to get ready for auto-enrolment well before their staging date. It focused on preparation ahead of each employer’s staging date. These preparations covered: determining the precise staging date applicable to them, assessing the make-up of the workforce, examining current pension arrangements and the design of benefits, establishing the necessary support structures in place, and planning communications with workers. The auto-enrolment framework, created by Part 1 of the Pensions Act 2008, imposes a duty on employers to arrange the automatic enrolment of all their ‘eligible jobholders’ into a ‘qualifying scheme’ that satisfies statutory criteria. The obligation to comply with the...
FORTHCOMING DEVELOPMENT : The Pensions ( Extension of Automatic Enrolment) ( No. 2) Bill secured Royal Assent on 18 September 2023, becoming the Pensions ( Extension of Automatic Enrolment) Act 2023, and was published on 19 September 2023. The Act enables the Secretary of State for Work and Pensions to set regulations to: lower the minimum age at which otherwise eligible staff must be automatically enrolled and re-enrolled into a workplace pension; remove the Lower Earnings Limit from the qualifying earnings band so contributions are calculated from the first pound of pay; vary the framework for the annual review of the qualifying earnings band. Alterations to eligibility for automatic enrolment will follow a consultation on the detailed method and timetable for implementation. The commencement of section 1 of the Act will be “on such day or days as the Secretary of State may by...
ARCHIVED : This archived Practice Note reviews the Pensions Regulator’s quarterly auto-enrolment compliance and enforcement bulletins up to June 2020. It delivers concise synopses of each bulletin in that span, the enforcement steps taken, and the principal messages for employers on auto-enrolment. It is not updated and is provided for historical reference only. For further detail on the Regulator’s auto-enrolment compliance and enforcement approach, see Practice Note: Auto-enrolment—compliance and enforcement. The Pensions Regulator publishes quarterly auto-enrolment compliance and enforcement bulletins to: share information on its casework and the powers it has exercised under the auto-enrolment regime, and assist employers, their advisers and the wider pensions industry in understanding the types of compliance and enforcement interventions that follow its educational and enabling communications and support The first quarterly bulletin appeared in July 2014 and related to the period from 1 April 2014 to 30 June 2014. The...
What is certification and when is it required? Certification is the process used to decide whether a pension scheme meets the test scheme standard for auto-enrolment purposes. For defined benefit schemes (or the defined benefit part of hybrid schemes), an employer may take one of the following approaches: confirm that the scheme (or the defined benefit element of a hybrid scheme) meets the test scheme standard for its enrolment duties; or pass responsibility for certifying the scheme to the actuary in particular circumstances There are also specific situations in which the actuary is required to certify the scheme. For more detail on the test scheme standard for defined benefit schemes, see ‘ Defined benefit occupational pension schemes’ in Practice Note: Auto-enrolment—what types of scheme may be used? Note that, for auto-enrolment only, hybrid schemes are those that are neither wholly money purchase nor wholly...
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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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