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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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This Practice Note outlines how a range of shareholder and corporate actions are executed in CREST, covering: voting on resolutions changes to share capital other corporate actions in CREST dividend payments and other distributions in CREST It does not include an introduction to CREST or to uncertificated securities, nor practical guidance on transferring shares in CREST. For information on those subjects, including an overview of the relevant terminology, see Practice Note: CREST and uncertificated shares—an introduction. Where an action in CREST involves transferring monies (whether dividends or other payments), the recipient in CREST is responsible for ensuring the cash memorandum account for the applicable currency is enabled by appointing an appropriate CREST settlement bank. If settlement fails because the account is not enabled, the registrar or receiving agent effecting the payment may cancel the instruction and either hold the funds pending an...
ARCHIVED: This Practice Note is archived and not kept up to date or maintained. Context of the 25 Year Environment Plan In January 2015, the Committee ( NCC) recommended that government should draw up a 25 Year Plan for the Environment. The 2015 government manifesto included a commitment to develop a 25-year plan to restore the UK’s biodiversity and to ensure that both public and private investment in the environment is directed to where we need it most. In January 2017, the NCC advised that the 25 Year Plan ought to be put on a statutory footing. For more information, see also News Analysis: Developing the government’s 25-year environment plan. In September 2017, the NCC issued advice on the government’s 25 year environment plan (25 YEP). On 11 January 2018, A Green Future: Our 25 Year Plan to Improve the Environment was...
Introduction The 2026 AIAC Rules mark a notable step forward from the 2023 AIAC Rules. Whereas the 2023 framework incorporated the UNCITRAL Arbitration Rules (revised in 2021), the 2026 edition moves away from that approach. Consequently, the 2026 AIAC Rules now function as a more unified, self-contained rule set and introduce the principal changes outlined below... AIAC Court of Arbitration A key reform in the 2026 AIAC Rules is the creation of the AIAC Court of Arbitration, led by a President and supported by a Registrar. This replaces the Director-focused structure of the 2023 AIAC Rules. Under the new arrangement, core responsibilities—such as appointing arbitrators, deciding challenges, and determining consolidation—are entrusted to the AIAC Court and/or its President. The Registrar manages the day-to-day conduct of arbitrations. This clear separation of roles brings the AIAC in line with governance models used by other leading...
Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECt HR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [ CTRL]+[ F]. This material is not intended to be a...
ARCHIVED This Practice Note consolidates material covering fiscal developments across the 2019–20 tax year, beginning with the publication of draft clauses for the Finance Bill 2019–20, continuing to the 2020 Budget (postponed from 2019), and culminating in the anticipated enactment of the Finance Act 2020 ( FA 2020). Because of the general election on 12 December 2019, the Budget did not take place in autumn 2019 as expected under the usual parliamentary schedule......
Insurance & Reinsurance case tracker—2018 [ Archived] ARCHIVED: This resource has been archived and is no longer being updated. It collates insurance-related litigation in the High Court, Court of Appeal, Supreme Court and the Court of Justice of the European Union (including both the General Court and the Court of Justice). Drawn from our monitoring and examination of relevant proceedings, and at times reports from our own court correspondents, the tracker brings key cases together swiftly in one place. It records the status of matters covered since January 2018, including upcoming hearings, and ordinarily received updates every fortnight. Abbreviations European Court of Justice/ Court of Justice of the European Union — ECJ Court of Justice of the European Union — General Court — CJEU- GC Supreme Court — SC Court of Appeal — CA High Court — HC Privy...
ARCHIVED This Practice Note consolidates authoritative commentary on the principal milestones of the 2017–18 tax year. For an in-depth account of the yearly Budget and Finance Bill procedures, covering the steps involved in enacting a Finance Act, please refer to Practice Note: The Budget and Finance Bill process......
ARCHIVED: this Practice Note is archived, not maintained, and provided for background only. Some links may not reflect the provisions as at the date this guidance was published. Judgment enforcement and contempt proceedings for those who disobey—what do you need to know? In 2016, changes—through revised and new CPR parts—altered how judgment debts are secured or enforced via charging orders and attachment of earnings applications. There was also a notable rise in the court’s use of contempt powers against those who ignore its orders. In this 2016 review, we consider: the updated route for applying for charging orders under amended CPR 73, effective from 6 April 2016—see below the new procedure for seeking an attachment of earnings order under CPR 89, in force from 6 April 2016—see below the court’s issue of a Senior Master’s Practice Note on the correct form to use when enforcing a land...
Court of Appeal—professional negligence ARCHIVED : This Practice Note has been archived and is not maintained. The Court of Appeal upheld an appeal in a claim against solicitors, holding that the loss of a chance head of damage was too remote. At first instance, the judge concluded that Lewis Silkin LLP had fallen below the required standard by not advising their client to include a jurisdiction provision in his employment agreement with a franchisee involved in the Indian Premier League’s Twenty20 competition. Because no jurisdiction clause appeared in the contract, when the client later issued proceedings against the franchisee over a severance entitlement, he faced jurisdictional challenges (ultimately dismissed) brought by the franchisee, which postponed his obtaining judgment for £10 million in severance. The client’s case was that, with proper advice on jurisdiction, the contract would have contained an exclusive...
A landlord or a tenant may require details about the other party’s interest in the premises before serving a valid notice to renew, or to bring a tenancy to an end. Either party is entitled to serve a section 40 notice to ask for such information. This step seeks relevant details from the other. Why serve a section 40 notice? If a tenant wishes to renew a tenancy protected by Part II of the Landlord and Tenant Act 1954 ( LTA 1954), they must serve a section 26 request on the ‘competent’ landlord. Provided the tenant meets the qualifying conditions in LTA 1954, s 26(1), the tenant may issue a section 40(3) notice to identify who the competent landlord is, and to find out whether any third party interests affect the property. Those conditions are that the tenant occupies under: a tenancy granted for a fixed term...
Why is the exemption for financial services important? VAT is a significant concern for firms in the financial sector, as supplying certain categories of financial services to customers belonging in the UK is exempt from UK VAT. This matters because: businesses will not levy VAT on services within the exemption; and such businesses cannot recover input VAT on supplies they receive while making an onward exempt supply The intermediary exemption for financial services Financial services supplies often involve other businesses serving as intermediaries between the parties requesting and delivering the services. Further parties may participate in a financial services transaction, for example by offering specialist advice or helping to ensure the deal proceeds. These services are VAT-exempt where the supplier: operates in an intermediary capacity provides intermediary services in relation to certain specified financial services transactions (whether or not the...
This note outlines how a Limited Liability Partnership ( LLP) may enter administration and identifies the scope of the administrator’s powers. This Practice Note does not extend to Limited Partnerships (see Practice Note: Limited partnership insolvency). Applicable legislation The Limited Liability Partnerships Act 2000 ( LLPA 2000) established LLPs and should be read together with the Limited Liability Partnerships Regulations 2001 ( LLPR 2001), SI 2001/1090. Under LLPR 2001, the Insolvency Act 1986 ( IA 1986) and Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, are applied to LLPs. The Limited Liability Partnership ( Amendment) Regulations 2005, SI 2005/1989, introduced the current administration regime for LLPs. Accordingly, IA 1986, Sch B1 applies to LLPs. The Statements of Insolvency Practice ( SIPs) also apply to LLPs (see Practice Note: Statements of Insolvency Practice—a quick guide for further information on...
What is subrogation? Subrogation is an equitable device designed to prevent unjust enrichment by allowing one party to step into another’s position and pursue a claim in that person’s name. For further guidance on unjust enrichment generally, see Practice Notes: Unjust enrichment—elements of the claim Unjust enrichment—defences When might subrogation arise? The term subrogation is a convenient description of a transfer of rights from one person to another, occurring by operation of law in a wide range of circumstances, and happening without assignment or the assent of the person from whom the rights pass. Some rights arising by subrogation have a contractual origin, as in the context of insurance contracts. Reflecting many differing situations recognised by the operation of law......
1. What is the applicable legislation? The Wet veiligheidstoets investeringen, fusies en overnames ( Investments, Mergers and Acquisitions ( Security Screening) Act) ( Vifo Act 2023) took effect on 1 June 2023. That same day, two implementing decrees also commenced: Besluit Veiligheidstoets investeringen, fusies en overnames ( Investments, Mergers and Acquisitions ( Security Screening) Decree); and Besluit Toepassingsbereik Sensitieve Technologie ( Sensitive Technology Scope ( Vifo Act) Decree) ( Sensitive Technology Decree 2023). Alongside the Vifo Act, the Netherlands operates additional FDI-screening frameworks for the gas, electricity and telecommunications sectors, embedded in the following statutes: Gaswet ( Gas Act 2000); Elektriciteitswet ( Electricity Act 1998); Wet ongewenste zeggenschap telecommunicatie ( Telecommunications Sector ( Undesirable Control) Act 2020); and Wet windenergie op zee ( Offshore Wind Act 2015). This chapter will not discuss the Dutch...
The Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, introduced a refreshed framework for decision-making across all insolvency processes with effect from 6 April 2017. The specific requirements governing how decisions are taken are contained in IR 2016, SI 2016/1024, Pt 15. Qualifying decision procedures There are five procedures in section 246ZE of the Insolvency Act 1986 ( IA 1986) by which a convenor may seek a decision under IA 1986 or IR 2016 from creditors: correspondence electronic voting virtual meeting physical meeting any other decision-making method that permits all entitled creditors to participate on an equal basis For further guidance on these procedures, voting within a decision procedure, the requisite majorities and how to challenge a decision made by a convenor or chair, see the Practice Notes: The...
Arms length management organisations ( ALMOs) This Practice Note sets out the role of ALMOs in the sphere of local authority social housing provision. Although they can look like registered providers ( RPs), they are in fact wholly owned by their respective local housing authorities ( LHAs), created to manage services on the authority’s behalf. The Note considers a range of issues, including: Tenant involvement in the organisational structure Transfers of staff to ALMOs under the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246 The preservation of all tenants’ statutory rights, as the landlord function remains with the local authority How ALMOs relate to tenant management organisations ( TMOs) The constitutional make-up of ALMOs An ALMO is a not-for-profit company delivering housing services for an LHA. Commonly, an LHA establishes an ALMO to manage and improve all or part of its stock, while...
The presence of a town or village green ( TVG) can curtail, or even halt, development. Interfering with, or disturbing, the use or enjoyment of a TVG is a criminal offence. Accordingly, applying to register a TVG is a powerful tool for anyone seeking to stop a development. TVGs may, or may not, be subject to rights of common. They are areas of open land used by inhabitants of the town, village or parish for lawful sports and pastimes. There is no legal distinction between town greens and village greens; the terminology simply depends on location. See also Practice Notes: Town and village greens—making an application to register a TVG, Town and village greens—registration, rectification, correction and deregistration, and Town or village greens—property development. Legislative context The Commons Registration Act 1965 ( CRA 1965) introduced a new requirement to create a permanent,...
This Practice Note examines overriding interests under the Land Registration Act 2002 ( LRA 2002). It provides detailed analysis of actual occupation as an overriding interest and signposts additional relevant material that offers comprehensive information on other overriding interests. It also addresses interests that have lost overriding status since the LRA 2002 came into effect. Overriding interests under the Land Registration Act 2002 Overriding interests generally Overriding interests are unregistered rights that nonetheless affect registered land, despite not appearing on the register. They bind the registered proprietor and any person who later acquires an interest in the property. Such interests fall into two classes: those that take effect on first registration of land; set out in LRA 2002, Sch 1 those that override a registered disposition; set out in LRA 2002, Sch 3 Both classes of overriding interest include the types of interest outlined...
Defences There are several substantive defences to a defamation action and, since the Defamation Act 2013 ( DA 2013), most are now statutory. Multiple defences can be advanced together in answer to a claim. Truth Defamatory statements are presumed to be untrue, and the onus of proving their truth rests with the defendant. Showing that the substance of the defamatory statement is true is a complete defence. The defence formerly known as justification was given statutory effect by DA 2013, s 2; the common law defence was abolished and section 5 of the Defamation Act 1952 repealed. Pleading and procedural matters in defamation proceedings are governed by CPR PD 53B, which contains particular requirements for truth defences. CPR PD 53B replaced CPR PD 53 with effect from 1 October 2019 (see News Analyses: 109th practice direction update— July to October 2019 and New rules for media and...
This Practice Note explains the rules for serving documents—other than the claim form, particulars of claim or the defence—in proceedings in England and Wales. Examples include application notices, witness statements and court orders, eg interim charging orders. It covers permitted methods of service, deemed service, and applications to extend time. The rules are contained in Section III of Part 6, beginning at CPR 6.19. For guidance on service provisions for specific document types, see the following Practice Notes: Service in England and Wales—a guide for dispute resolution practitioners addressing service of the claim form Service of the particulars of claim Serving the defence Part 36 offers—service of an offer, notice of acceptance, variation or withdrawal Civil contempt proceedings—application considerations When serving documents: In Scotland or Northern Ireland, the document must be served by a method...
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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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