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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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The gap in the insolvency legislation There is a notable omission in the drafting of the insolvency regime: it does not expressly state the impact of a bankruptcy order on an individual voluntary arrangement ( IVA). Consequently, the courts have had to determine the resulting effects. The core position is this: once a bankruptcy order is made—whether on a petition by the supervisor or by a creditor bound by the IVA—the IVA terminates. Although not spelt out in the statute, this is inferred from section 276(2) of the Insolvency Act 1986 ( IA 1986), which provides that expenses properly incurred in administering the IVA are to be treated as a first charge on the bankrupt’s estate. The courts have acknowledged and applied this implication. This stands in contrast to circumstances where the petition is issued by a creditor who is not bound by the IVA......
Practice Note This Practice Note outlines how to pursue bail applications in the magistrates’ court or the Crown Court in England and Wales, and how to seek variations to bail conditions in either court. For guidance on applications concerning pre-charge bail in England and Wales, see Practice Note: Police bail. The Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, Pt 14 set out a detailed comprehensive procedural framework for bail applications, encompassing requests to vary bail conditions, and operates as a comprehensive procedural code. Under Crim PR 2025, SI 2025/909, r 14.5, the prosecutor must give the court and the defendant all information in their possession that is material to the court’s decision. When deciding what is material, the parties must have regard to BA 1976. In particular, the court is required to consider whether there is a real prospect that the...
Key elements of bai salam As set out in greater detail in the Practice Note: The structure and required elements of a bai salam transaction, in particular with respect to the differing views amongst Shari'ah schools of thought, there are several essential conditions that must be satisfied for a valid bai salam contract to stand: payment of the full purchase price by the buyer to the seller at the moment the contract is concluded and the sale takes effect precise, unequivocal description of the asset’s quality and quantity, generally by reference to recognised trade standards, with all possible particulars expressly set out the contract must not relate to a specific or unique asset clear delivery provisions, in particular the date and location for delivery Additional requirements apply to a parallel bai salam: the parallel bai salam must be...
This Practice Note offers an overview of the business-to-business ( B2B) e-commerce arena. Its focus is B2B website, platform and email e-commerce (also called ‘paperless trading’), and it introduces the traditional method of electronic data interchange ( EDI), m-commerce, smart contracts and blockchain. It addresses the primary models used in B2B e-commerce, distinguishes e-commerce from e-business, and surveys current trends across B2B e-commerce. It provides targeted guidance on both e-commerce platforms and online platforms pertinent to the B2B space, alongside related notes on drop shipping, warehousing and also cross-border e-commerce. This Practice Note does not address business-to-consumer ( B2C) arrangements; for guidance on which, see Practice Note: Business to consumer e-commerce—legal issues. Consideration of sector‑specific laws or regulatory requirements, including those relevant to financial services or the public sector, is also outside the scope of this Practice Note. For guidance on the...
Practice Note: quick guide to key cyber threats and defences This Practice Note provides a concise overview of the main cyber threats facing commercial organisations and highlights top tips to help them protect themselves. It should be read alongside Practice Notes: Cybercrime prevention and Cybercrime incident management, and the Cybersecurity subtopic generally. Advanced persistent threat ( APT) What is it? Attackers obtain unauthorised access to a system and stay hidden for a lengthy period. They may transfer sensitive information without permission, and even after discovery can leave several backdoors to return later. Best defence/top tips Raise user awareness of the risk and basic account security—see Precedent: Cybercrime awareness campaign. Deploy firewalls to examine and filter traffic. Use antivirus software. Keep protective software updated frequently to match the latest techniques used by cyber...
This Practice Note reviews the amended 2012 Criminal Injuries Compensation Scheme, which took effect on 13 June 2019. It sets out the tariff-based approach to valuing injuries, together with provisions on loss of earnings, care-related expenses, fatal accident claims, and the scheme’s maximum award available. See also Practice Note: Claims for compensation to the Criminal Injuries Compensation Scheme. The tariff system—the injury award A fixed schedule of awards is available to victims of criminal injury, from £1,000 up to £250,000. The schedule covers all categories of harm, including physical injury, psychological trauma, child loss, sexual abuse or assault, and contraction of life‑threatening diseases. Annex E ( Part A) addresses physical and mental health injury, while Part B deals with sexual and physical abuse and other payments. Under this tariff framework, the Criminal Injuries Compensation Authority ( CICA) sets compensation based on medical evidence. The...
The purpose of this Practice Note is to: succinctly outline section 216 of the Insolvency Act 1986 ( IA 1986) explore the key exceptions to that section and their practical use What is the prohibited name rule? Section 216 of the IA 1986 applies to an individual when a company has entered insolvent liquidation (the liquidating company) and that person acted as a director, or as a shadow director, of the liquidating company at any time within the 12 months ending on the day immediately before the company went into liquidation......
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 (the Act), and was published on 19 September 2023. The Act confers powers on the Secretary of State for Work and Pensions to make regulations to: lower the minimum age at which otherwise eligible employees must be automatically enrolled and re-enrolled into a pension scheme by their employers; remove the Lower Earnings Limit from the qualifying earnings band so that contributions are calculated from the first pound of earnings; and revise the requirements for the annual review of the qualifying earnings band. Adjustments to automatic enrolment eligibility will proceed following a consultation on the detailed implementation method and timing. The commencement of section 1 of the Act is set to be ‘on such day or days as the...
This table provides an overview of all concluded investigations by Austria’s competition regulator (the Bundeswettbewerbsbehörde— BWB) into suspected cartels, anti-competitive arrangements, and abuses of dominance ( Articles 101/102 TFEU and national counterparts) since 2017. Note—only decisions that are public are presented in this table......
An individual is guilty of attempting an offence where, with the intention of committing that offence, they perform conduct that goes further than mere preparation for its commission. Attempt is an offence of specific intent; it necessitates a purposeful intention to commit the offence. The offence comprises both the criminal act and the requisite mental element. In every case, it is a matter of fact whether the defendant has advanced sufficiently towards the completed offence to amount to the act of attempt. Once the preparatory threshold has been crossed, the offence of attempt is made out, and it is no defence that the person then chose to withdraw rather than complete the offence. In most situations, attempts to commit criminal offences are governed by section 1 of the Criminal s Act 1981 ( CAA 1981), though certain statutory exceptions continue to apply......
The application process Insolvency practitioners ( IPs) may approach insurers themselves, although brokers frequently assist, canvassing the market to make sure the IP secures the most favourable terms available. In most cases, IPs ask their solicitors to arrange After-the- Event ( ATE) insurance on their behalf. The solicitor may either contact insurers directly or operate via a broker. The procedure entails completing a proposal form and supplying supporting material. Although each broker or insurer tends to have its own proposal document, for submissions to several insurers a single form should generally suffice, as insurers will accept equivalent versions. Central to any papers sent to insurers is ensuring underwriters can clearly follow the claim being advanced and the defences likely to be raised. They will also expect legal analysis—most often a counsel’s opinion—setting out the strength of the case. Where a formal counsel’s opinion is not...
CASE HUB ARCHIVED This archived case hub reflects the position at the date of the decision on 27 January 2016; it is no longer maintained. For further details, see the timeline, commentary and related cases. Case facts Outline European Commission Article 101 TFEU investigation into a cartel concerning alternators and starters for car engines ( AT.40028). The cartel comprised bid and tender coordination, customer allocation and the exchange of commercially sensitive information. Latest development On 27 January 2016, the Commission announced that, following a settlement, it had issued an enforcement decision against Melco ( Mitsubishi Electric), Hitachi and Denso, imposing combined fines totalling €137.789m......
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 24 July 2018 and is no longer updated. See also the timeline, commentary and related cases. Case facts Outline European Commission Article 101 TFEU probe into vertical limits on online sales of consumer electronic products imposed by Asus ( Case AT.40465). Latest developments On 24 July 2018, the Commission adopted an infringement decision against Asus, imposing a €63.522m fine (after an ‘informal settlement’) for applying fixed or minimum resale prices to its online retailers in breach of Article 101 TFEU. Parties Asus is a Taiwan-based company that manufactures computer and telephone hardware and electronic products. Background The Commission launched its investigation in February 2017 on the basis of material obtained during its e-commerce sector inquiry. Market(s) Markets covering the manufacture, distribution and retail of consumer electronic products, in particular computer and telephone hardware......
An assignment is the passing of a right or interest held by one party (the assignor) to another (the assignee), e.g. transferring the employer’s rights under a construction contract to the buyer of the finished works. For this Practice Note, the counterparty to the contract in which rights are being assigned is termed the 'obligor'. For more on what an assignment is, why it occurs in construction, how it functions and the steps required to implement effective assignments, see Practice Note: Assignment in construction contracts. See also Practice Note: Legal and equitable assignment in construction contracts for guidance on the alternative methods by which parties may give effect to an assignment on construction projects (at law or in equity) and the prerequisites for each. Where a construction document, such as a building contract, collateral warranty or consultant appointment, says nothing about...
Section 25(2)(a) of the Matrimonial Causes Act 1973 ( MCA 1973) Provides that a court must take into account the income, earning potential, property and any other financial resources that each spouse has, or can reasonably be expected to have, in the near future; and, as regards earning capacity, any enhancement it would be reasonable, in the court’s view, to expect a party to take steps to obtain. Parallel wording appears in the Civil Partnership Act 2004 ( CPA 2004) at CPA 2004, Sch 5 Pt 5, para 21(2)(a). The welfare, while under 18, of any child of the family attracts first consideration, though it is not the overriding factor. Courts frequently assess “property and other financial resources” apart from income and earning capacity, although the two topics can overlap—see Practice Note: Income and earning capacity of the parties. For practical direction on every factor the...
This practice note applies solely to defined benefit occupational pension schemes Asset-backed contribution structures are one means of helping to cut deficits within pension schemes. They carry risks; however, sound professional advice and careful structuring can limit these. Appropriate advice helps identify pitfalls and shape a robust framework. Yet the central issue for the trustee and its advisers is whether entering an asset-backed contribution puts the trustee and scheme in a stronger position than committing to a lengthy recovery plan. Trustees should weigh comparative outcomes, timing and certainty before proceeding. Since 2008, when Marks & Spencer pioneered a property-backed contribution aimed at trimming its pension deficit by £500m, several prominent organisations—among them John Lewis, Sainsbury’s and Whitbread—have adopted similar approaches. Today, employers regard asset-backed contributions as an efficient method of financing rising shortfalls in defined benefit occupational pension schemes. For many, ABCs can...
Completion and post-completion issues—asset purchase Most completion and post-completion tasks in an asset purchase transaction are carried out by corporate solicitors, including: the completion meeting lodging notices with Companies House compiling the transaction bible of signed documents effecting any adjustments to the purchase price Refer to Practice Note: Completion and post-completion issues—asset purchase......
Why do some people push your buttons? Practice Note: Improving your assertiveness draws on Eric Berne’s Transactional Analysis—see Improving your assertiveness— What drives your behaviour?. This Practice Note develops that approach to clarify why certain people or contexts press your buttons. If someone throws a tantrum or slips into a sulk, they are generally showing very childlike behaviour, and it is often described in those terms. Childlike responses can evoke a Parent stance, leading us to try to take charge or to mollify the other person. It can also be the case that, in some encounters, childlike behaviour prompts a Child reply, complete with protests such as ‘but they started it’. The hallmark of Child mode is an avoidance of taking responsibility for your own actions. Likewise, acting in a highly parental way can call forth a childlike reaction. Put bluntly, treat people as...
Johnson & Johnson/ Novartis ( Fentanyl) ( COMP/39.685) [ Archived] CASE HUB ARCHIVED – this hub reflects the position at the date of the 10 December 2013 decision and is no longer maintained. See the timeline, commentary and related cases for further details. Case facts Outline European Commission investigation under Article 101 TFEU into Johnson & Johnson and Novartis regarding Fentanyl (case number COMP/39.685). Latest developments The Commission imposed fines of €10.798m on Johnson & Johnson (and subsidiaries) and €5.493m on Novartis (and subsidiaries). Parties Johnson & Johnson (including subsidiaries) Novartis (including subsidiaries) Market(s) Pharmaceuticals (pain-relief medicines). The medicine concerned is Fentanyl, a painkiller around 100 times stronger than morphine. Its primary use is pain relief for people with cancer......
Temporary justice measures: Temporary measures remain in force across Scotland’s justice system, which may affect the usual practice set out in this Practice Note and its guidance. For further detail, see Coronavirus ( COVID-19)— Scotland tracker [ Archived]— Corporate Crime in Scotland. Practitioners will recognise the former concepts of ‘detention’ and ‘arrest’ under the Criminal Procedure ( Scotland) Act 1995 ( CP( S) A 1995). Insofar as relevant to this Practice Note, the pertinent CP( S) A 1995 provisions—covering police questioning and access to a solicitor—were repealed by the Criminal Justice ( Scotland) Act 2016 ( CJ( S) A 2016), and superseded. The 2016 Act replaced ‘detention’ and ‘arrest’ with a single, unitary concept of ‘arrest’ and set out provisions for police custody, the rights of arrested persons, police powers, police questioning, and release from police custody, accordingly. It also introduced the status of...
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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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