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Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
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ARCHIVED: NOTE: SAVE FOR WHERE A DEFENCE HAS BEEN RECEIVED BEFORE 1 APRIL 2013, THIS PRACTICE NOTE IS FOR HISTORICAL PURPOSES ONLY. For guidance on the rules currently in force, refer to Practice Notes: Directions questionnaires and Case management—allocation—the different case management tracks. Changes since 1 April 2013 From 1 April 2013, allocation questionnaires were replaced by directions questionnaires wherever ‘a defence is received’ on or after that date. What remains uncertain is: whether ‘received’ refers to receipt by the court rather than by the other parties and/or whether ‘a defence’ signifies that, in claims with multiple defendants, the new provisions apply where any defendant files its defence on or after 1 April 2013, even if other defendants filed before then If you now need to deal with directions questionnaires instead of allocation questionnaires, see Practice Notes: Directions questionnaires and Case...
CASE HUB ARCHIVED This archive records the position as at the date the deal was abandoned on 16 December 2021 and is no longer being maintained. See further, timeline. Case facts Outline: European Commission merger inquiry into International Airlines Group’s proposed purchase of Air Europa ( M.9637). The contemplated deal would create a horizontal overlap in the market for providing passenger air transport services. Latest developments On 16 December 2021, the parties withdrew the Commission notification and confirmed that the transaction had been abandoned. Parties International Airlines Group ( IAG): Headquartered across Spain and the UK, IAG owns Spain’s flag carrier Iberia and the Spanish low-cost airline Vueling, as well as the UK flag carrier British Airways, Level, and Ireland’s flag carrier Aer Lingus. IAG ranks as Europe’s third-largest airline group, behind Ryanair and Lufthansa, and is the largest in Spain. Iberia belongs to the Oneworld...
ARCHIVED: On 7 June 2021, the Official Journal of the EU published a decision that: Introduced new standard contractual clauses ( SCCs) for EU GDPR-governed personal data transfers to countries outside the EEA, available from 27 June 2021; and Provided for the repeal, after a transition period, of the earlier 2001, 2004 and 2010 international transfer SCCs. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note concerns the 2004 and/or 2010 SCCs and ceased to be updated once the new (2021) international SCCs were first released. Purpose of this Practice Note As outlined in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), sets limitations on sending personal data outside the EEA ( EEA...
ARCHIVED: On 7 June 2021, a decision appeared in the Official Journal of the EU setting out the following: new standard contractual clauses ( SCCs) for exporting personal data governed by the EU GDPR to third countries beyond the EEA, to be available for use from 27 June 2021; the withdrawal, following a grace period, of the earlier 2001, 2004 and 2010 international transfer SCCs. For further guidance and detail, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note concerns the 2004 and/or 2010 SCCs and accordingly ceased to be maintained when the new (2021) international SCCs were first issued. Purpose of this Practice Note As outlined in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) imposes...
ARCHIVED: This Practice Note is archived, not kept up to date, and provided solely for background information purposes. Additionally, certain links might not lead directly to the provisions as they stood on the publication date of this Practice Note’s guidance. For details on earlier and/or later changes to the CPR, consult: CPR updates—overview and Procedure Rule Committee minutes—overview......
ARCHIVED: This archived guidance, dated September 2009, was issued by The Chartered Governance Institute ( CGI). It outlines practical methods by which a company might comply with the requirement to present, in a statement of capital, the amount paid up and the amount (if any) left unpaid on each of its shares (whether relating to the share’s nominal value or arising as premium) that applied under the Companies Act 2006 ( CA 2006) before 30 June 2016. It is not maintained at present and remains archived......
ARCHIVED This Practice Note is archived and no longer maintained. The procedural steps for bringing a contempt application were significantly overhauled with effect from 1 October 2020. Wide-ranging amendments to CPR 81 came into force and Practice Direction 81 was revoked in its entirety. The Note addresses cases decided under the former provisions that applied before 1 October 2020. Clients must appreciate the obligation to follow court rules (including when signing a statement of truth) and to comply with court orders, as the potential consequences of breach are severe. A substantial body of decisions demonstrates that contempt under CPR 81 (ie, committal proceedings) has been pursued against parties—both individuals and corporate entities—for failures to adhere to such rules and orders. The table below highlights a selection of committal cases addressing, among other matters: procedural irregularities in the application process evidential standards ...
This case tracker presents a curated selection of significant employment judgments issued in 2025. Details on major ongoing matters appear in Practice Note: Case tracker— Employment. Where available, links to Employment news analysis reports are provided. Entries are grouped by topic. The Lexis Nexis® Employment team is keen to receive notice of other decisions that may interest subscribers—please use the ‘ Feedback’ option above and the Lexis Ask function (see Lexis Ask button below) to send us details... Case Name Case citation Topic Main issue Case history Augustine v Data Cars Ltd [2025] IRLR 624, [2025] ICR 19 — Status and worker categories. Main issue: whether a worker’s part-time status must be the ‘sole reason’ for less favourable treatment. The EAT rejected the ‘sole reason’ approach adopted by the Court of Session in Mc Menemy v Capita Business...
Lexis+® UK Local Government— Education tracker 2021 This Lexis+® UK Local Government feature preserves a historical log of current awareness, consultations, legislation and developments monitored by the Education tracker, spanning the whole education spectrum—from early years foundation stage ( EFYS) through to further and higher education—across 2021. When news, consultations and other items are no longer current, they move into the Education tracker archive. Secondary legislation is archived two months after commencement, while cases and primary legislation are archived 12 months after coming into force or once judgment is delivered. See: Education tracker 2020 [ Archived], Education tracker 2019 [ Archived], Education tracker 2018 [ Archived], Education tracker 2017 [ Archived] and Education tracker 2016 [ Archived]... Legislation and statutory guidance Legislation and statutory guidance Bills: passage through parliament Consultations and developments of interest ...
ARCHIVED: This Practice Note has been archived and is not maintained. This Energy legislation tracker presents key forthcoming legislation of interest to energy lawyers from 1 January 2018. It is organised by the following jurisdictions: England and Wales European Union Items are listed in reverse chronological order. Legislation applying only to Wales ( Wales Statutory Instruments— Wales SI) is marked on the tracker. Instruments laid in 2017 that commenced in 2018 are included in the Energy legislation tracker 2017 [ Archived]. For our tracker outlining expected future dates for major policy/regulatory announcements in the Great Britain ( GB) energy market (including those relating to new legislation and major legislative amendments), please see our separate tracker. Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State. Under the Withdrawal Agreement, an implementation period applies, during which EU law...
ARCHIVED This archived guidance, from September 1996, was prepared by The Chartered Governance Institute (previously called ICSA: The Governance Institute) ( CGI), represents what is widely regarded......
State immunity from civil proceedings in the courts of the UK This Practice Note considers state immunity in civil claims before UK courts, with a focus on matters linked to arbitration. The default position (subject to exceptions) is that states are not amenable to the jurisdiction of the UK courts. As a result, questions of state immunity may surface where a party issues a court application against a state to: challenge or appeal an arbitral award enforce an award, or seek an injunction in support of an arbitration The principal statutory regime is the State Immunity Act 1978 ( SIA 1978). This Practice Note summarises the SIA 1978 and sets out how it has been applied to court proceedings connected with arbitration. Although the SIA 1978 applies across the UK (including Northern Ireland), the authorities cited in this Practice Note are drawn from the...
Arbitration is frequently touted as a more effective, efficient way to settle disputes than going to court. Yet, does that claim hold true? This Practice Note weighs the advantages and drawbacks of choosing arbitration instead of court proceedings to resolve construction disagreements. In particular, it aims to debunk common myths around arbitration and explores the tangible benefits it delivers in reality. Crucially, opting for arbitration does not alter the statutory UK right to refer construction disputes to adjudication. Where a contract includes an arbitration clause and a matter proceeds to adjudication, the right to seek a final determination—displacing the adjudicator’s award—still exists, but it will be pursued through arbitration rather than litigation. Time and cost Arbitration is widely viewed as faster and less costly than court proceedings. However, in some instances arbitrations can in fact take longer and cost more than litigation....
The Getting the Deal Through Arbitration in Brazil guide adopts a Q& A layout and is refreshed annually. Current edition: May 2019. 1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to? Brazil is a party to the New York Convention, having joined by way of Federal Decree No. 4,311/2002 on 23 July 2002. No declarations or notifications were submitted by the Brazilian government under articles I, X or XI. Brazil has also subscribed to the following multilateral instruments concerning international commercial arbitration: Geneva Protocol on Arbitration Clauses (1923) Panama Inter-...
This Practice Note summarises section 41 of the Arbitration Act 1996, alongside the new section 41A brought in by the Arbitration Act 2025. It also includes links to analysis that clarifies the effect of the new provision. The Arbitration Act 2025 obtained Royal Assent on 25 February 2025. For details of when it takes effect, see Practice Note: Arbitration Act 2025 commencement and transitional provisions. Section 41 of the 1996 Act Section 41 of the 1996 Act is set out below: 41 Powers of tribunal where a party is in default. The parties may agree the tribunal’s powers where a party fails to take a step needed for the proper and speedy conduct of the arbitration. Unless the parties have agreed otherwise, the following provisions apply......
How arbitrators manage the procedure is largely determined by what the parties agree, whether through bespoke terms or by adopting institutional rules. Where no agreement exists, procedural issues can be settled at an initial meeting between the tribunal and the parties. The Arbitration Act 1996, which governs arbitrations seated in England and Wales or Northern Ireland, imposes no mandatory procedural code beyond the core duty in section 33 requiring the tribunal to conduct the proceedings fairly. The Act, however, provides a suite of default provisions that take effect unless the parties opt out. The parties are free to grant the tribunal whatever procedural powers they wish, provided those powers are exercised consistently with the overriding duty in section 33. Powers that can be excluded by party agreement Under the AA 1996, certain powers are conferred on arbitrators as a matter of default, but they do not apply where the...
This Practice Note This Practice Note reviews the statutory deadlines for mounting challenges and bringing appeals concerning arbitral awards before the English and Welsh courts ( England and English are used as convenient shorthands), under the Arbitration Act 1996 ( AA 1996), together with related and ancillary matters as well......
Pursuant to s 49(3) of the Arbitration Act 1996 ( AA 1996), and unless the parties have expressly agreed otherwise, a tribunal may order interest on any amounts it awards, on the sums ultimately awarded to a party. Section 61 AA 1996 likewise empowers it, subject to any party agreement, to determine how the arbitration costs are apportioned between them, allocating costs as between the parties. Often a costs award is issued after a final award ‘save as to costs’, and only after the parties have made submissions in light of the arbitration outcome, once they are aware of the result. Note that s 60 AA 1996 prevents parties, before any dispute has arisen, from agreeing that one side must bear all or part of the arbitration costs in any event, irrespective of result. Any such bargain is only effective if concluded after the...
This month witnessed the UK Government laying before Parliament the much-anticipated Digital Markets, Competition and Consumers Bill, ushering in extensive updates to competition and consumer rules (among them revisions to the CMA’s remit to assess mergers); the European Commission unveiling substantial measures to streamline the EUMR merger review; the Australian Competition and Consumer Commission urging a comprehensive reset of Australia’s merger control system; higher notification thresholds in Zambia; and Indonesia’s competition authority confirming a reshaped merger control framework together with the rollout of a merger filing fee. UK— Government introduces the Digital Markets, Competition and Consumer Bill On 25 April 2025, the UK Government presented the long-awaited Digital Markets, Competition and Consumers Bill ( DCCB). The DCCB is broad in reach and spans three principal strands: (i) establishing a fresh regulatory regime for major digital platforms; (ii) the first significant overhaul of UK...
ARCHIVED: This archived Practice Note sets out the position as at 1 April 2013 on implementing the Jackson Reforms. It is not maintained and is provided solely for background purposes. In addition, some links may no longer direct you to the provisions as they appeared when this guidance was published. For further information on earlier and/or later amendments to the CPR, see: Practice Note: Jackson Reforms—one year on [ Archived] CPR updates—overview Procedure Rule Committee minutes—overview New costs rules and practice directions A comprehensive review of the costs rules and practice directions was carried out by a subcommittee of the CPR Committee. The removal of rules concerning funding agreements required renumbering, so from 1 April 2013 costs are addressed in Parts 44–47 rather than Parts 43–48 as before. The costs practice direction has also been reorganised so there is now a separate...
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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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