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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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Under section 170 of the Road Traffic Act 1988 ( RTA 1988) Drivers have a duty to stop at the scene of an accident and, when required, to provide their personal details and to report the accident. A failure to comply amounts to summary-only offences triable exclusively in the magistrates’ court. This obligation arises where: a driver of a mechanically propelled vehicle is driving on a road or other public place; and an accident occurs by which: personal injury is caused to a person other than the defendant; or damage is caused to another vehicle, to property not belonging to the defendant, or to an animal not in the vehicle Damage to property refers to property constructed on, fixed to, growing in, or...
This Practice Note sets out how to interpret and apply the pertinent provisions of the CPR. Depending on the court in which your case is currently progressing, you should also take account of any further provisions—see: Court specific guidance. In particular, note that substantial parts of CPR 29 and CPR PD 29 (which concern multi-track case management and are cited in this Practice Note) do not operate in the Commercial Court (see CPR 58.13 and CPR PD 58, para 10.1), Circuit Commercial Courts (see CPR 59.11 and CPR PD 59, para 7.1) and the Technology and Construction Court (see CPR 60.6 and CPR PD 60, para 10). For details on case management in both the Commercial Court and the Technology and Construction Court, consult the following listed Practice Notes: Commercial Court— Commercial Court—case management Technology and Construction Court— TCC—case...
This Practice Note explores the nature and scope of an expert witness’s duties when preparing to give, and giving, evidence within their expertise, by reference to the Civil Procedure Rules and case law. It addresses the expert’s overriding obligation to the court and considers what may follow if an expert does not fulfil those duties. Key principles for experts CPR 35.3 states that an expert must assist the court on issues within their expertise, and that this obligation overrides any duty owed to the instructing party. The most commonly cited account of an expert’s responsibilities is found in the judgment of Cresswell J in National Justice Compania Naviera SA v Prudential Assurance Co (the Ikarian Reefer) [1993] 2 Lloyds Rep 68 (not reported by Lexis Nexis®): expert evidence should be, and be seen to be, the expert’s independent product,...
CASE HUB NOTE—appeal lodged before the General Court in Case T- 794/25 ARCHIVED — this case hub captures the position as at the decision of 5 September 2025; it is no longer maintained. See further, timeline and relevant/related cases. Case facts Outline European Commission Article 102 TFEU investigation into Google’s alleged restriction of competition in the advertising technology sector ( AT.40670). Latest development On 5 September 2025, the Commission adopted an infringement decision and imposed a €2.95m fine for abuse of a dominant position in adtech by favouring its own display adtech services, to the detriment of rival adtech providers, advertisers and online publishers. Parties Google: a US multinational technology company. Its leading service is the Google Search engine. Google also provides widely used services, such as the You Tube video platform and the Android mobile operating...
1. What is the applicable legislation? On 13 November 2025, the Act on Screening of Foreign Investments, Official Gazette No 136/2025 ( FDI Act 2025), took effect. 2. Which government or other body (or bodies) reviews foreign investments? Under the FDI Act 2025, foreign investments are examined through a two-tier process involving the Ministry of Finance and an FDI Commission. On 13 November 2025, the Act on Screening of Foreign Investments, Official Gazette No 136/2025 ( FDI Act 2025), took effect. The Ministry of Finance serves as the principal authority, issuing the ultimate administrative ruling on a notified foreign investment, based on the FDI Commission’s opinion. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (e.g. foreign or non- EU / non- WTO)? Are there specific rules for certain types of investors (e.g....
A challenge to a determination of the lower courts can be brought in a number of ways, including by way of appeal, judicial review, or an appeal by way of case stated. This Practice Note is concerned with appeals by way of case stated. For detailed guidance on appeals in criminal matters, see: Criminal appeals—overview. For further information on judicial review proceedings, see Practice Note: Judicial review of magistrates' court and Crown Court decisions. Challenging a decision which is wrong in law or in excess of jurisdiction An appeal by way of case stated is an appeal to a superior court founded on a case—that is, a set of facts—stated by the inferior court, so that the superior court determines how the law ought properly to be applied to those facts. The appeal document should pinpoint the decision under challenge, set out the...
The Companies Act 2006 ( CA 2006) requires a company to: retain copies of directors’ service contracts make copies of directors’ service contracts available for inspection provide copies of directors’ service contracts to any member of the company on request For these provisions, the expression ‘director’ covers any individual occupying the office of director, whatever designation is used (ie, regardless of the formal title), and includes a shadow director. For other obligations that may apply to directors’ service contracts, see Practice Note: Directors’ long term service contracts. Companies whose equity shares are listed in the equity shares (commercial companies) category on the London Stock Exchange are subject to additional regulation concerning directors’ service contracts; for further details see Practice Note: Directors’ service contracts—listed companies. The Chartered Governance Institute has issued guidance on directors’ service contracts that addresses, among other things, the...
Environmental permitting Environmental permitting sits among the principal environmental regulatory frameworks in the UK. Its purpose is to manage pollution and releases to the environment from industrial and other operations. As a cornerstone of UK business regulation, it seeks to control activities that could contaminate the environment or endanger human health. Environmental permits set a suite of conditions for the design, operation and eventual decommissioning of a regulated installation, and prescribe how regulated activities must be undertaken. This Practice Note reviews the process for deciding whether to issue an environmental permit under the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154, and the conditions to be attached. It also explains the procedure for appealing a decision. EPR 2016 establish a single, unified permitting system for facilities and activities. They combined and revoked the...
This Practice Note reviews applications made to the courts of England and Wales (with England and English used as convenient shorthand) seeking the removal of arbitrators under section 24 of the Arbitration Act 1996 ( AA 1996). Bringing a court application to displace an arbitrator pursuant to AA 1996, s 24—which is a mandatory rule of the Act (ie the parties cannot opt out)—confers upon the English court a discretion to remove arbitrators as provided by the statute itself......
Default position Bilateral surrender—termed renunciation under Scots law—describes how a tenant relinquishes rights arising under a lease. This may occur by express agreement between the parties, or through the landlord’s acquiescence, which carries an implied discharge of claims against the tenant. The framework applies to both residential and commercial leases. For Agricultural tenancies, see Practice Note: Resumption of agricultural holdings in Scotland and partial notices to quit. Under Scots law, neither party is able to renounce unilaterally. Renunciation is distinct from: abandonment where the tenant justifiably rescinds the contract owing to a material breach by the landlord (see: Rescission or abandonment: Stair Memorial Encyclopaedia [200]) abandonment where the tenant unjustifiably repudiates the contract and deserts the subjects (see: To Remain in Possession: General: Stair Memorial Encyclopaedia [175]) Where renunciation does not arise by agreement but instead amounts to abandonment, the landlord is presumed not to have...
ARCHIVED: This tracker has been archived and is not maintained. This Environment cases tracker highlights notable judgments and appeal movements relevant to Environment practitioners from 1 January 2024. It is organised into: Upper tribunal High Court of England and Wales Court of Appeal UK Supreme Court Judicial Committee of the Privy Council Judgments and appeal notes appear under the forum delivering the latest ruling. Entries are ordered newest first. For earlier notable rulings and appeal updates from 2021 onwards, see: England and Wales environment cases tracker 2023 [ Archived] Environment cases tracker 2022 [ Archived] Environment cases tracker 2021 [ Archived] For EU matters, refer to: EU environment cases tracker 2024 [ Archived]. Upper tribunal Case: GDFC Assets Ltd v Heaney [2024] UKUT 345 ( AAC) Judgment date: 6 November 2024 Key...
A fact-finding hearing is the first of two parts of a ‘split hearing’. A fact‑finding hearing forms the opening stage of a split hearing comprising two distinct parts. At this initial phase, the court determines the facts on matters it has itself pinpointed, as recorded in the order listing the fact‑finding hearing that has been set down. This Practice Note addresses the public law context. As Mac Donald J observed in Royal Borough of Kensington and Chelsea v NM, the choice whether to convene a fact‑finding hearing is among the most significant case management decisions in proceedings under Part IV of the Children Act, and it is not necessarily a simple one. On 22 April 2014, the Public Law Outline ( PLO) governing care, supervision and other proceedings under Part IV of the Children Act 1989 came into force under the Family...
This Practice Note sets out an overview of payment models and royalty practice within the publishing sector. It addresses: advances; how royalties are computed on physical books; co-edition royalties; omnibus inclusion royalties; e-book royalties; and audiobook royalties. It further defines and explores non-royalty revenue, including takings from merchandising, anthology rights, serial rights, film and television options, fees for the use of third party material, flat fees and ghost writer agreements. For authors of general consumer works, the most established route to remuneration is an upfront sum from a publisher (an advance) with later payments calculated as a percentage of the proceeds of sale (a royalty or royalties). However, this approach does not always apply, for example in academic publishing or journals. Advances In essence, an advance is a payment credited against possible future royalty earnings, granted in return for a licence to publish the work. The...
Practice Note This Practice Note outlines how capital gains tax and corporation tax on chargeable gains apply to UK general partnerships, limited liability partnerships ( LLPs) and limited partnerships. For the purposes of this note, ‘partner’ should be taken to include an LLP member, and ‘ CGT’ is used as a collective term for both capital gains tax and corporation tax on chargeable gains. Partnerships are fiscally transparent: they are not chargeable persons in their own capacity. Instead, the partners are assessed directly on the partnership’s profits and gains. For CGT, the partnership’s capital assets are treated as held by the partners in proportionate fractions. A partner’s interest in the firm is not regarded as a distinct capital asset. Dealings undertaken by the partnership are therefore treated as dealings by the partners rather than by the firm itself. In relation to an LLP, there are...
Duty of disclosure of unused evidence The quest for a fair trial rooted in equality of arms has generated a disclosure duty owed by the Crown to the defence. In R v H, the House of Lords stated that, for the purposes of article 6(1) of the Convention, criminal proceedings must be adversarial and governed by the principle of equality of arms between prosecution and defence. Those requirements oblige investigating authorities to reveal all material that assists or undermines the defence, whether or not the prosecution intends to rely on it. That said, the right to disclosure is not unqualified, and material that falls to be disclosed may be withheld on public interest immunity ( PII) grounds. For further guidance, see Practice Note: Public interest immunity. The prosecutor’s disclosure obligations may be cast broadly. It is not only required to set out the...
What is the function of an expert witness? This Practice Note offers an in-depth examination of the fundamental principles and broad considerations governing the use of expert evidence in Scottish civil litigation. For practical guidance on the applicable rules and procedural steps concerning expert witnesses and their evidence, see Practice Note: Leading expert evidence in Scottish civil litigation—rules and procedure. In Scotland, the term ‘skilled witness’ is frequently used as a synonym for ‘expert witness’. For consistency, this Practice Note adopts ‘expert witness’. Expert evidence arises where an individual applies their specialist knowledge and expertise to assist the court. An expert witness deploys that specialist learning to provide factual testimony and to express opinions on facts that are agreed or that others have presented to the court. This stands in clear contrast to a lay witness to fact, who is restricted to recounting matters they have...
So far there has been no fully convincing judicial definition of a charity, though the ordinary person likely has a fair sense of what it means. The common thread in the various definitional efforts is that it involves a gift and is directed to general public use. Yet, gifts are not invariably for public use, which is why a gift must serve a charitable purpose. A purpose is not charitable unless it satisfies the public use ('benefit') test. That public benefit test has been expressed as the proposition that it must benefit the community, or a segment of the community; conversely, a trust is not charitable if it delivers only private benefits. Accordingly, even where a client appears to fall within a charitable purpose heading, they may still be refused registration as a charity if the public benefit requirement cannot be met. For...
ARCHIVED: Released in 2013, this content is no longer updated. The Market Standards Trend Report reviews the issues that warrant detailed consideration......
This Practice Note explains the defence available under article 13(b) to resist an application brought pursuant to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention), namely that returning the child would create a grave risk of physical or psychological harm, or would otherwise place the child in an intolerable situation. For practical guidance on the narrow defences that can be advanced in answer to a 1980 Hague Convention application, consult the following Practice Notes: Child abduction—introduction to defences under the 1980 Hague Convention Defences under the 1980 Hague Convention—child settled in new jurisdiction Defences under the 1980 Hague Convention—consent, acquiescence and non-exercise of rights of custody Defences under the 1980 Hague Convention—child’s objections to return, and Child...
This Practice Note explains when and by what means a Part 36 offer may be varied. It also identifies the ramifications of variation and supplies practical illustrations. CPR 36.9 and CPR 36.10 specify the occasions and mechanisms by which a Part 36 offer can be changed, together with the consequences of taking that course under the rules. Why vary a Part 36 offer? An offeror might be inclined to keep a Part 36 offer in the background for possible acceptance, poised to inflict adverse consequences if it is not accepted and then beaten at trial. Yet that approach—or lack of a considered approach—can prove expensive. This is especially true where the litigation develops in a way that increases the chance the offeree will accept at a point when the terms no longer suit the offeror. Accordingly, Part 36 offer(s) should be tracked carefully and kept under...
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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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