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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
Most recent Practice notes
Arbitration-related legislation— England and Wales Arbitration Act 1996, as amended by the Arbitration Act 2025 Administration of Justice Act 1970 Civil Procedure Rules 1998, SI 1998/3132 ( CPR) Evidence ( Proceedings in other Jurisdictions) Act 1975 Foreign Limitation Periods Act 1984 Housing Grants, Construction and Regeneration Act 1996 Judgments Act 1838 Limitation Act 1980 State Immunity Act 1978 Unfair Arbitration Agreements ( Specified Amount) Order 1999, SI 1999/2167 Consumer Rights Act 2015 Arbitration-related court forms N8 Claim Form ( Arbitration) N8A Notes for Claimant on Claim Form ( Arbitration) N8B Notes for Defendant on Arbitration Claim N9 Response Pack N15 Acknowledgment of Service ( Arbitration) N210( CC) Acknowledgment of Service ( Part 8) N215 Certificate of Service ......
Updated to reflect amendments to the Arbitration Act 1996 ( AA 1996) introduced by the Arbitration Act 2025 ( AA 2025), this Practice Note treats all references to the AA 1996 as references to the Act in its amended form. The AA 2025 took effect on 1 August 2025. Arbitration Act 2025 commencement and transitional provisions Practice Note: AA 1996—challenging an arbitral tribunal's jurisdiction in court (pre-award)—procedure (s 32) Practice Note: AA 1996—challenging and appealing arbitral awards in the English court The Note explores the grounds on which an arbitral tribunal's substantive jurisdiction can be disputed before an award is made, under the AA 1996 in force in England, Wales and Northern Ireland. The principle of kompetenz-kompetenz AA 1996, s 30(1) embeds the principle of kompetenz-kompetenz (also termed competence-competence) in English arbitration law......
THIS PRACTICE NOTE APPLIES TO MULTI- EMPLOYER DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES Apportionment arrangements give departing employers from underfunded defined benefit ( DB) occupational pension schemes an alternative to settling in full a statutory liability arising under the Pensions Act 1995, s 75 (a s 75 debt), where an employment-cessation event has occurred. When such an employment-cessation event arises for an exiting employer, an s 75 debt becomes due from that employer to the scheme. In a multi-employer arrangement, the exiting employer’s s 75 debt represents its portion of the scheme’s deficit, assessed on a buy-out basis (its liability share). An apportionment arrangement, set out in the scheme rules, allows the scheme deficit to be allocated differently among the participating employers so that the exiting employer is attributed a smaller share than its liability share, with the remainder of what it would otherwise have paid...
Introduction There are several bodies dedicated to reshaping how claimants and defendants collaborate on serious injury matters, improving behaviours and expectations through agreed ways of working. The not-for-profit campaign organisation, the Association of Personal Injury Lawyers ( APIL), stands as a prominent advocate for injured people. The Forum of Insurance Lawyers ( FOIL) speaks for defendants, partnering with APIL in a joint endeavour to streamline litigation in catastrophic injury cases. Together with leading insurers, APIL and FOIL have authored the ‘ Guide to the Conduct of Cases Involving Serious Injury’, more widely known as the Serious Injury Guide. To access the Guide, see here: Serious Injury Guide. The Guide was created to foster cooperative working between claimant and defendant representatives in cases where damages exceed £250,000 and are expected to include claims for ongoing future loss (clinical negligence and...
This Practice Note explores how the Financial Conduct Authority ( FCA) Consumer Duty affects FCA‑authorised firms’ outsourced service arrangements and their operational systems and controls. It also outlines practical points for firms to consider when reviewing in‑scope material outsourcing agreements for compliance with the Duty. The Consumer Duty applies to all regulated firms that materially influence, or determine, retail customer outcomes. For the core elements of the FCA’s Consumer Duty, see Practice Note: The FCA Consumer Duty—essentials. For requirements on manufacturers and distributors to share information within the distribution chain and with the FCA under the Duty, see Checklist: The FCA Consumer Duty Checklist—information sharing in the distribution chain. Good and poor practice concerning third parties is covered in The FCA Consumer Duty Checklist—implementation— Third parties (working across the manufacturing and the distribution chain). For key developments, see The FCA Consumer...
FORTHCOMING CHANGE relating to new advance clearance processes: Following an initial announcement at Autumn Budget 2024 under the government’s Corporate Tax Roadmap, and a consultation released alongside Spring Statement 2025, Budget 2025 set out the consultation outcome and confirmed HMRC will introduce an advance tax certainty service in July 2026. The regime is intended for qualifying persons backing ‘major projects’ with at least £1bn of eligible UK spend. As trailed at Budget 2025, the service will address a defined suite of taxes—corporation tax, VAT and stamp taxes—while excluding transfer pricing, valuation, purpose‑based tests and hypothetical cases. Clearances will commit HMRC (but not the taxpayer) not to revise its view of the law, on the basis of fully disclosed facts, for up to five years, provided facts and law remain unchanged, with pragmatic renewal available. Initially, no fees will be charged and...
This Practice Note distils the EU Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union ( TFEU) to horizontal co‑operation agreements (the Horizontal Guidelines). It also cites the revised Research and Development Block Exemption Regulation ( R& D BER) and the Specialisation Block Exemption Regulation ( SBER), collectively called the Horizontal Block Exemption Regulations ( HBERs). The Horizontal Guidelines explain how to apply the HBERs and how to assess other forms of co‑operation agreements, such as R& D, production, purchasing, commercialisation, information exchange, standardisation, standard terms and sustainability arrangements. Covered categories span R& D, production, purchasing, commercialisation, information exchange, standardisation, standard terms, and sustainability agreements, as listed in these Guidelines. NOTE— This Practice Note does not examine the HBERs or sustainability agreements in full. See these separate Practice Notes: EU competition law and research and...
The City Code on Takeovers and Mergers ( Code) is the main framework setting rules for: the schedule, manner and exact substance of announcements made before and during a takeover bid the disclosure of shareholdings and dealings throughout an offer period (see Practice Note: Disclosure of interests and dealings in shares prior to and during a takeover) Practice Statement 20: Rule 2— Secrecy, possible offer announcements and pre-announcement responsibilities explains how the Takeover Panel ( Panel) typically both interprets and applies the provisions of Rule 2 of the Code regarding the need for secrecy beforehand, in practice, and the timing, content and scope of possible offer announcements, including the actions the Panel expects the parties involved in a potential offer and their advisers to take so as to help ensure they fully meet their responsibilities under Rule 2......
This Practice Note examines the various claims a claimant may pursue for injuries arising from an animal, such as proceedings under the Animals Act 1971 ( AA 1971), in negligence, under occupiers’ liability, in trespass against the person and in nuisance. It further includes a practical checklist to assist when evaluating which causes of action are likely to apply. Main causes of action The first step in any dispute involving harm caused by an animal is to determine your potential causes of action. The choice is between the following options: AA 1971 negligence occupiers’ liability trespass against the person nuisance Selecting a cause of action The main difference between animal-related injuries and most......
At convening and sanction hearings held in August 2021, the joint administrators of the SME, Amicus Finance PLC (in administration), pursued approval for a Part 26A restructuring plan. The main points are outlined below (capitalised terms not defined here take the meanings used in the convening and sanction judgments). This Deal Debrief forms part of our Restructuring plans collection. For an in-depth review of key data from RPs filed in 2023 and insights from leading figures in restructuring, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company Amicus Finance PLC (in administration) (the Company) Industry sector Finance Place of debtor’s incorporation and jurisdictional factors England & Wales Timeline 20 December 2018: HGTL, acting as qualifying floating charge holder, appointed joint administrators over the Company. 7 May 2021: Practice Statement Letter ( PSL) issued (subsequently updated on 3 June 2021). 7 June 2021: Drafts of the...
Introduction Ambient air quality is, at its core, the state of the air outside. The WHO indicates that, in 2019, outdoor air pollution across both urban and rural areas was linked to an estimated 4.2 million premature deaths worldwide. This mortality stems from exposure to fine particulate matter, associated with cardiovascular conditions, respiratory diseases and cancers. The House of Commons Research Briefing— Air quality: policies, proposals and concerns ( HC Library, March 2025)—reported that the government regards poor air quality as the largest environmental threat to public health in the UK. It also noted that, beyond human health, air pollution carries consequences for the natural environment and the economy. Given the transboundary character of air pollution, measures to control and enhance air quality in the UK have been shaped by international agreements and EU legislation, together with national and devolved laws. The briefing further...
This Practice Note considers who can be offered housing accommodation by local housing authorities ( LHAs) in England and Wales. It explains when an applicant is not entitled to social housing— in England, ineligibility arises solely from immigration status; in Wales, there is an additional ground based on unacceptable behaviour, which can exclude an applicant. The Note concentrates on eligibility for allocations by LHAs under Part VI of the Housing Act 1996 ( HA 1996). Every application must be looked at; however, only an eligible person can actually receive an allocation. See Practice Note: Allocation of housing. What does eligibility for allocation of housing mean? Eligibility is mainly determined by immigration status. In Wales, there is also a separate basis for ineligibility linked to unacceptable behaviour, discussed further below: Wales and unacceptable behaviour. The LHA is responsible for deciding whether an applicant is...
Oil & Gas M& A— SPA risk allocation Introduction During the due diligence phase, any matter that causes concern will be highlighted in the relevant teams’ reports (legal, technical, financial), together with recommendations on the most effective way to address it. Such reports identify the concerns, cite the responsible legal, technical and financial teams, and set out how best to resolve them. For broader guidance on diligence topics in oil and gas deals, see Practice Note: Due diligence and warranties in oil and gas M& A transactions. Commonly, the key mechanisms used within the sale and purchase agreement ( SPA) to tackle identified risks, and to apportion exposure between buyer and seller, include the...
NOTE—to see whether notification thresholds in Albania and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Albanian merger control regime and are any updates/developments expected in the coming year? Also, are there any other ‘hot’ merger control issues in Albania? In June 2020, Albania incorporated Directive ( EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 into its legal framework, aiming to enhance the effectiveness of national competition authorities and safeguard the proper functioning of the internal market (the ECN+ Directive). Notably, the measure was implemented through a soft law guideline, while EU Member States would ordinarily amend existing competition acts or enact separate legislation. In February 2024, the Albanian competition authority initiated public consultations on proposed amendments to Law No. 9121 on Competition Protection, as amended (the...
Decision making The Arbitral Tribunal may issue distinct awards on various matters at varying stages and times, as needed ( Rule 41.1). Where the Arbitral Tribunal comprises more than one arbitrator, any award or determination is resolved by a majority. If no majority can be reached, the presiding arbitrator will decide the award or determination alone, independently ( Rule 41.2). Form An award is final and binding upon the parties ( Rule 41.3)......
This Practice Note on civil liability exposures linked to artificial intelligence ( AI) reviews and distils the following key topics: What is AI? the UK Jurisdiction Taskforce ( UKJT) legal statement on liability for harms caused by AI what civil liability risks arise from AI? who is exposed to a civil liability claim arising from AI use? who might bring a civil liability claim connected to AI use? mitigating the risk of AI-generated harms and losses AI use and the role of dispute resolution lawyers where to find further guidance and assistance The matters addressed in this Practice Note are confined to issues arising within the jurisdiction of England and Wales, though developments beyond that jurisdiction are noted. For guidance on AI in the EU, see: AI ( EU Law)—overview. What is AI? Although the term ‘ AI’ is used frequently, it spans a wide array of meanings. Accordingly, when discussing AI it should be...
Artificial intelligence ( AI) is now everywhere and, like many sweeping technological shifts, is often misunderstood and divisive. Yet its core capabilities are highly useful for routine tasks, data analysis, and number‑crunching—activities central to many aspects of continuous improvement ( CI). This Practice Note covers: what is AI? the need to exercise caution when using AI beginning with the basics using AI for data analysis/number‑crunching how AI can help when presenting a CI business case For more on adopting technology, including AI, in the in‑house legal team, see: Legal tech for in‑house teams—overview. What is AI? AI centres on creating systems that perform tasks usually dependent on human intelligence, such as learning, reasoning, problem‑solving, perception, and understanding language. By emulating human cognitive functions, these systems can carry out complex work autonomously. For fuller background, see: Artificial...
Adjustments to the agreed drawings and specifications are commonplace on substantial construction schemes—see Practice Note: What is a variation on a construction project? Standard form building contracts cater for such changes, and agreements for lease should mirror this. In the agreements for lease context, both sides (that is, landlord and tenant) may wish to alter the intended works. Each will seek to regulate the other’s ability to do so; accordingly, the agreement for lease must set out the mechanism for making variation requests and define the categories or scope of works each party is allowed to change. It should also clarify the nature and extent of works that each party is permitted to vary. This Practice Note considers how an agreement for lease can accommodate variations proposed by both landlord and...
AGPS Bondco plc sought a Part 26A restructuring plan ( RP) at a convening hearing in February 2023, followed by a successful sanction hearing in April 2023. That sanction order was subsequently set aside by the Court of Appeal in January 2024 (see News Analysis: Adler appeal—restructuring plan sanction order overturned ( Re AGPS Bondco plc)). The key points appear below (capitalised terms not defined herein are as defined in the convening and sanction judgments). This Deal Debrief forms part of our Restructuring plans collection. For a detailed analysis of key metrics from RPs filed in 2023, and commentary from leading lights in the restructuring world, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company AGPS Bondco plc (the Company) Industry...
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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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