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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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ARCHIVED: This Practice Note has been archived and is not maintained. It provided a running record of UK government bills concerning corporate crime, covering the period from December 2019 to December 2020, and captured measures introduced in either the House of Commons or the House of Lords. It charted the progress of relevant bills through both Houses during that period. The tracker’s purpose was to help corporate crime practitioners remain informed about impending legislation throughout that timeframe. For details of live bills before Parliament that touch on business crime/white collar crime, see Practice Note: Legislation tracker for corporate crime practitioners—2021 [ Archived]......
ARCHIVED: This tracker is no longer active and is not being updated. It sets out a list of notable recent pension judgments issued in 2024, arranged by date. You can move through the entries using the Table of Contents on the left of the page. Please note that pensions judgments from the General Regulatory Chamber ( GRC) of the First-tier Tribunal ( FTT) and the Upper Tribunal ( UT) in 2024 that specifically concern appeals against decisions of the Pensions Regulator for breaches of automatic enrolment duties appear in a different tracker—see: Case tracker—2024 auto-enrolment pensions judgments [ Archived]. For a compilation of significant pension judgments released in 2024 ordered by topic, see: Case tracker—2024 pensions judgments—by topic [ Archived]......
ARCHIVED: This Practice Note has been archived and is not maintained For the 2020 version of the rule, see Incoterms® 2020 Rules— DAP Delivered at place. ICC publications appear here with permission from ICC Publishing SA. This and other ICC works can be sourced from: ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom www.iccwbo.org Incoterms® 2010 rules were replaced by Incoterms® 2020 with effect from 1 January 2020. For the DAP term applicable from 1 January 2020, consult Practice Note: Incoterms® 2020 Rules— DAP Delivered at place. DAP (insert named place of destination) Incoterms® 2010 Guidance note This rule is usable for any chosen mode of transport and likewise where multiple modes are involved. ‘ Delivered at Place’ signifies that delivery occurs when the seller places the goods at the...
ARCHIVED This Practice Note is archived, not maintained, and provided solely for background information purposes...
ARCHIVED : This Practice Note is archived, not updated, and provided for background information purposes only...
ARCHIVED This Practice Note is archived, not updated, and provided solely for background information purposes...
ARCHIVED This archived Practice Note is no longer maintained and is provided solely for background information. In addition, certain links may not lead to provisions as they existed on the date guidance in this Practice Note was originally released......
THIS PROTOCOL ONLY APPLIES TO LOW VALUE RTA CASES WHERE THE CLAIM NOTIFICATION FORM IS SUBMITTED TO THE DEFENDANT' S INSURERS BEFORE 30 APRIL 2013. The Pre- Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) covers claims worth up to £10,000 in value. It aims to accelerate decision-making by imposing fixed response periods and fixed costs on the parties involved. The protocol applies to all road traffic accident ( RTA) claims: with a value that is between £1,000 and £10,000 where the accident occurred in England or Wales where the accident occurred on or after 30 April 2010 Excluded cases The protocol does not apply in the following circumstances: where pain, suffering and loss of amenity are assessed at under £1,000 to employer and to public liability claims to Motor Insurers' Bureau ( MIB)...
ARCHIVED: This Practice Note is archived and is no longer maintained. This Practice Note examines the effects on dispute resolution arising from temporary measures brought in due to coronavirus ( COVID-19), and related procedures too. It should be read alongside Practice Note: Coronavirus ( COVID-19) implications for dispute resolution [ Archived], and considered in parallel. It is intended to help dispute resolution practitioners grasp the rapid developments to civil court processes and procedures during this period, and how those shifts and the pandemic could affect their practice and particular matters in practice and day-to-day work. It includes civil court-specific guidance issued in response to the coronavirus outbreak, all of which is readily available for quick and consistent access via the ‘jump-links’ in the expandable contents table on the left-hand side of this Practice Note. As most court and tribunal buildings have reopened in...
ARCHIVED: This Practice Note is archived and not maintained. Project management Multiple project management methodologies have been devised to steer organisations through delivery and to foster common terminology among project management exponents. They are recommended to be adapted to the organisation or project type. Three of the most widely used are: PRINCE2® ( PRojects IN Controlled Environments) PMBOK® ( Project Management Body Of Knowledge) Agile PRINCE2® PRINCE2®, first created by a UK government agency, is a structured method applied extensively by UK government and by public and private bodies in the UK and internationally. It sets out processes for managing projects across the full lifecycle and highlights themes that keep attention on key success factors. It has been designed so it can be tailored to the context in which it operates. PRINCE2® is a defined methodology that offers a...
ARCHIVED: This guidance is archived and no longer maintained. It exists solely as background information. Issued in July 2013, this guidance was created by The Chartered Governance Institute (formerly......
ARCHIVED ARCHIVED: This Practice Note was archived in April 2022 and is no longer maintained. For current information on government financial support during the COVID-19 pandemic, refer to the British Business Bank website... Scope This Practice Note, developed with James Collis and John Alderton of Squire Patton Boggs LLP, sets out the range of schemes and support measures launched by the UK government to help businesses respond to the COVID-19 pandemic. For easier reading, download a copy using the button at the top left and change the page layout to landscape... Financing Facility Support What help is available? What does the help involve? Which companies are eligible? What are the criteria (if any) for applying? How to apply Availability? Recovery Loan Scheme ( RLS) Replaced the earlier coronavirus ( COVID-19) loan schemes once they closed Loans are offered through a...
ARCHIVED: This Practice Note is archived and no longer maintained. The commercial tracker monitors UK legislative activity ( Bills underway, Acts in force, Statutory Instruments in progress and in force), Supreme Court and Court of Appeal judgments, plus consultations, calls for evidence and inquiries tied to commercial law in 2024. For current commercial updates, see Practice Note: Commercial tracker. For earlier coverage, see: Commercial tracker 2023 [ Archived] and Commercial tracker 2022 [ Archived]. This Commercial tracker includes the following sections: Legislation Bills in progress Discontinued Bills Acts in force Statutory instruments in progress Statutory instruments in force Cases ...
ARCHIVED This Practice Note is now archived and is not being updated. The Construction horizon scanner monitors notable forthcoming developments of interest to construction lawyers. When a development materialises, it is transferred into the archive for the appropriate year. This archive covers developments that took place in 2020. Legislation What happened? CIGA 2020: Corporate Insolvency and Governance Act 2020 published. When? 26 June 2020 ( Royal Assent on 25 June 2020). Find out more Brought in as a response to the coronavirus ( COVID-19) pandemic, the CIGA 2020 introduces a range of reforms to insolvency law. Notably for the construction sector, and subject to specified exclusions, suppliers of goods or services are restricted from relying on contractual provisions to terminate a contract or cease supply due to the...
This case tracker contains a selection of significant employment judgments handed down in 2020. For information on notable ongoing matters, see Practice Note: Case tracker— Employment. Where available, links to Employment news analysis are provided. The Lexis®+ UK Employment team welcomes details of other decisions that may interest subscribers; please use the ‘ Contact Us’ button above and the Lexis®Ask facility to send us information. Case name: Varnish v British Cycling Federation t/a British Cycling Number: UKEAT/0022/20 Topic: Employment status Main issue: Whether an Olympic‑funded athlete is an employee or worker, enabling claims for sex discrimination, whistleblowing detriment, victimisation and unfair dismissal. Case history: The ET determined the claimant was not an employee or worker of British Cycling or UK Sport (report of 28 January 2019). The EAT agreed and dismissed the appeal ( News Analysis: When a...
This case tracker contains a selection of significant employment judgments handed down in 2017. Details of important live matters appear in our regular Case tracker— Employment. Where available, we include links to Employment news analysis. We welcome submissions of other cases that might interest subscribers—use the ' Contact Us' button above and the Lexis®Ask tool to share information. Dewhurst v City Sprint (2202512/2016): Worker status—whether a cycle courier is a worker or self-employed. The Central London Employment Tribunal found Ms Dewhurst to be a worker and awarded two days’ holiday pay; see our 10 January 2017 report. Central London ET judgment dated 5 January 2017, hearing on 22 November 2016. Boxer v Excel Group Services (3200365/2016): Worker status—whether a cycle courier is a worker or a self-employed contractor. The Central London ET concluded Mr Boxer was a worker and due one week’s...
ARCHIVED: This retired guidance, from July 2013, was issued by The Chartered Governance Institute (previously known as ICSA: The Governance Institute)......
ARCHIVED: This archived guidance, from March 2013, was prepared by The Chartered Governance Institute ( CGI) at the behest of the 2020 Investor Stewardship Working Party, and was co-developed by companies and institutional investors. Its purpose is to enable sound engagement practices between companies and their shareholders, helping to foster long-term investment founded on higher levels of mutual trust. It is not updated and is provided for background only......
ARCHIVED: This report seeks to define for both executive and non-executive directors: how...
This Practice Note collates links to the rules and model clauses from a wide range of institutional and ad hoc organisations, spanning prominent and lesser-known arbitral institutions, organisations and industry bodies. Where relevant, it likewise points to content on the organisations themselves. Links to content on the organisations are provided where applicable. The table below is illustrative rather than exhaustive, and other institutions or organisations offer alternative clauses. Institutional arbitration American Arbitration Association ( AAA)—see: AAA arbitration—overview; AAA rules; AAA model clauses. Baltic and International Maritime Council ( BIMCO)— N/ A; BIMCO model clauses. Chambre Arbitrale Maritime de Paris ( CAMP)— CAMP rules; CAMP model clauses—see Precedent: Chambre Arbitrale Maritime de Paris ( CAMP) model arbitration clause. China International Economic and Trade Arbitration Commission ( CIETAC)—see: CIETAC...
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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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