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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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Introduction to the airline industry The purpose of this Practice Note is to present an overview of certain key features of airline insolvencies in England and Wales, and to highlight legal and practical considerations that can shape strategies and outcomes when an airline enters insolvency proceedings. This Practice Note forms part of a wider suite on airline insolvency. For further information, see the following Practice Notes: Guide to airline insolvency—insolvency proceedings, receivership, restructuring plans and schemes of arrangement Guide to airline insolvency—international considerations and implications for office-holders There are particular aspects of the airline industry that set airline insolvencies apart from those of companies in many other sectors. In particular: the financing structures for the manufacture and acquisition of aircraft, together with the related ownership and leasing frameworks, are often highly complex and can differ significantly from one case to another the...
A company seeking admission to trading on AIM ( AIM admission) must satisfy the AIM Rules for Companies ( AIM Rules) and also comply with: the UK legal requirements for offers of securities restrictions on financial promotions any legal obligations in a jurisdiction where the securities are being offered if incorporated outside the UK, the corporate and securities laws of its country of incorporation This Practice Note explains how these obligations apply to a company incorporated in the UK that is not a ‘quoted applicant’. The London Stock Exchange provides a fast-track route to AIM for certain companies whose securities have been traded on an AIM Designated Market (including the Official List) for at least 18 months before applying to AIM (described as quoted applicants in the AIM Rules). For more detail, see Practice Note: Admission to AIM—fast track...
Consolidation Request A party may ask the AIAC to combine two or more arbitrations administered under the AIAC Rules into one proceeding where ( Rule 8.1): the parties have agreed; all claims and counterclaims are brought under the same arbitration agreement; or the claims are advanced under multiple yet compatible arbitration agreements, there is a common question of law or fact, and the rights to relief sought arise from the same transaction or a series of related transactions. The wording of Rule 3.1(c) does not make clear whether the ‘common question of law or fact’ limb is intended to apply alongside, or instead of, the ‘same or a series of related transactions’ limb. The former is newly introduced in the 2026 AIAC Rules, evidently aimed at expanding rather than narrowing the grounds for...
In England In England, this is governed in England by the Nitrate Pollution Prevention Regulations 2015. These superseded the Nitrate Pollution Prevention Regulations 2008, SI 2008/2349, and initially gave effect to Council Directive 91/676/ EEC of 12 December 1991, which concerns protecting waters from pollution caused by nitrates from agricultural source (the ‘ Nitrates Directive’). For further details on the Nitrates Directive, see EU Practice Note: EU Nitrates Directive 91/676/ EEC—snapshot. In Wales In Wales, this is governed in Wales by the Water Resources ( Control of Agricultural Pollution) ( Wales) Regulations 2021......
This Practice Note outlines the law on the steps for preparing, identifying recipients, and issuing a notice of an annual general meeting ( AGM). It covers the form and content requirements for notices and the statutory minimum notice periods. It is intended for practitioners and company secretaries in relation to private and unlisted public limited companies. A general meeting must comply with the Companies Act 2006 ( CA 2006) and the company’s articles of association. In particular, the organiser must: send a notice that satisfies the statutory content requirements, use the correct form and deliver it to everyone entitled to receive it, and ensure that adequate notice of the meeting is given. Who is entitled to receive notice of an AGM A notice of an AGM should be sent to all persons with the right to receive it. Failure to notify those...
ARCHIVED: Released in 2017, this content is no longer updated. The trend report distils current developments, updates and areas of interest for companies and their advisers as they get ready for the annual general meeting ( AGM)......
Offences relating to the sale of tobacco and nicotine inhaling products to persons under 18 In order to reduce the growing numbers of children and young people becoming dependent on nicotine, various distinct offences exist in England and Wales covering the sale of tobacco and nicotine inhaling products to those under 18 years of age. Responsibility for such offences may fall on the person who completed the transaction and/or on the shop or premises where it occurred in question. Buying, or trying to buy, tobacco or nicotine products for someone under 18 (‘proxy purchasing’) is a separate offence, committed by the person making or attempting the purchase of the restricted product, rather than by the retailer or its staff. For further details on proxy purchasing of tobacco and nicotine products, see Practice Note: Proxy purchasing of tobacco and nicotine products. To further...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, transforming into the Data ( Use and Access) Act 2025 ( DUAA 2025), with certain elements taking effect that same day. Provisions of DUAA 2025 addressing, among other things, replies to data subject access requests and the delegation of powers to make further regulations, commenced immediately on 19 June 2025. Other measures, covering notices issued by the Information Commissioner and particular facets of law enforcement processing, began on 19 August 2025 (two months after the date of Royal Assent). The greater part of DUAA 2025’s measures still await implementing regulations, in the form of statutory instruments, before they commence. Further commencement dates will hinge on those instruments being made first. Parts 5 and 6 of DUAA 2025 revise portions of UK data protection and e Privacy law,...
What is Affordable Housing? House of Commons Library Research Briefing CBP07747, What is Affordable Housing? ( July 2023), notes that England currently lacks a comprehensive statutory definition of affordable housing. This uncertainty also covers what counts as affordable home ownership. The definition most often cited for ‘affordable home ownership’ is set out in Annex 2 (b–d) of the National Planning Policy Framework ( NPPF). Local planning authorities rely on this when setting out provision in their areas to address local need/demand for affordable housing. Councils use it to shape provision to meet local need/demand. The latest iteration of the NPPF was issued in December 2023. Under the NPPF, affordable home ownership comprises three types: Starter Homes (as described in section 2 of the Housing and Planning Act 2016 ( HPA 2016)—however, the Public Accounts Committee inquiry report on Starter Homes ( H88— December 2020) records that in...
Solicitors working in elderly client matters must be able to seek guidance and liaise with the client’s GP or relevant specialist clinicians, as well as with others engaged in financial decision-making. To do this effectively, they should pinpoint the advice required and identify who is best placed to deliver it. Practitioners also need familiarity with the terminology used and the reasons the advice or report is being sought. This means clarifying what is sought, why it is needed, and who should supply it precisely. Medical practitioners On a client’s behalf, practitioners brief clinicians for many purposes, including assessments of capacity for particular legal actions and choices, alongside general health and medication guidance. Likewise, a practitioner acting for, or as, a deputy or attorney may find the patient’s GP seeking their input on varied matters such as completing a DNAR (do not attempt...
This is one of four Practice Notes on adverse possession. The others are: Establishing adverse possession of land Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925 Adverse possession and leases Introduction The Land Registration Act 2002 ( LRA 2002) took effect on 13 October 2003. It repeals the Land Registration Act 1925 ( LRA 1925) in its entirety, albeit with transitional provisions. Those transitional measures retain the previous approach to acquiring title by adverse possession where the case concerns: unregistered land, and registered land where the entitlement to registration arose before 13 October 2003 For details of the earlier regime, see Practice Note: Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925. Overview of the new regime under LRA 2002 LRA 2002 introduces a...
This is one of four Practice Notes on adverse possession. The others are: Establishing adverse possession of land Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925 Claiming title by adverse possession under the Land Registration Act 2002 Adverse possession of the demised premises by a squatter The tenant’s position A squatter will defeat and extinguish the tenant’s title to the demised premises if they can demonstrate continuous adverse possession for at least twelve years: at any time (if the lease is unregistered), or before 13 October 2003 (if the lease is registered) Consequently, the squatter will be entitled to apply to be registered as the proprietor. For additional guidance, with specific reference to unregistered leases, see HM Land Registry Practice Guide 5, para 7.1. For more detail, see Practice Notes:...
Under the Criminal Justice and Public Order Act 1994 ( CJPOA 1994), a court may draw adverse inferences if a defendant relies on facts for their defence that were not stated when interviewed under caution at the time, whether during formal questioning or at the charge stage. For further guidance on interviews conducted in accordance with the Police and Criminal Evidence Act 1984 ( PACE 1984), see the Practice Note: Interview under caution. What is an adverse inference? When addressing the jury, a judge must specify any particular matters the prosecution allege the defendant failed to mention, thereby alerting the jury to any inference or inferences they are invited to draw from that omission. CJPOA 1994, s 34 provides that a court may draw such inferences ‘as appear proper’ from a failure to mention facts later relied on at trial when...
‘ Amateur sport’ refers to a sportsperson participating without receiving payment. For many years, community amateur sports clubs ( CASCs) — which are not charities — have benefited from charity-style tax reliefs, acknowledging their close resemblance to charitable bodies. Section 660 of the Corporation Tax Act 2010 defines when a sporting activity is organised on an amateur footing, guided by these core principles: it is non-profit making it offers members and their guests the usual advantages of an amateur sports club it does not surpass the threshold for paid players Although these principles are not set out in the Charities Act 2011 ( CA 2011), it is broadly accepted that the same definition can apply to charities as well as CASCs... Community amateur sports club scheme Introduced in April 2002, the CASC scheme has enabled many local amateur sports clubs to register with HMRC and...
This Practice Note outlines the key alternatives to litigation for resolving IP disputes. Alongside conciliation, mediation, arbitration and expert determination, it assesses the pros and cons of ADR against court action and offers practical guidance. Litigation is frequently costly, slow and uncertain; hence, when informal negotiation has failed, ADR is an attractive means of settling disputes, including IP matters. ADR denotes processes outside the courts through which parties resolve their differences with the assistance of neutral intermediaries. Types of ADR include: conciliation expert determination arbitration mediation ADR can address issues across all categories of IP, from patents to domain names. It is relevant to any dispute, including alleged infringements, disagreements over licensing, and disputes concerning development or even settlement agreements. See Practice Note: Which form of...
Why restore an LLP to the register? If a limited liability partnership ( LLP) has been removed from the register, an application can often be made to the Registrar of Companies to reinstate it through the administrative restoration process. Typical reasons for seeking administrative restoration are: the LLP was still trading or in operation when the Registrar struck it off, and the LLP still owned property at strike-off and dissolution, which has since vested as bona vacantia. Application of CA 2006 to LLPs An LLP is a corporate entity created under the Limited Liability Partnerships Act 2000 ( LLPA). In practice, most rules governing LLPs derive from modified company law rather than partnership law (see Practice Note: The nature of a limited liability partnership and its legal framework). The Limited Liability Partnerships ( Application of Companies Act 2006) Regulations 2009 set out which provisions of the...
The Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024 lay down the framework for decision-making across all insolvency procedures. The detailed rules governing such decisions appear in IR 2016, SI 2016/1024, Pt 15. Since the Enterprise Act 2002 reforms, the ambit of administrative receivership has been sharply reduced. A receiver of that type can no longer be appointed under a qualifying floating charge, as set out in Schedule B1 to the Insolvency Act 1986 ( IA 1986), created on or after 15 September 2003, save in a narrow range of cases of minimal general practical significance. In practice, a debenture holder will almost invariably opt to appoint an administrator rather than seeking the appointment of an administrative receiver. Relationship between the administrative receiver and creditors IA 1986, s 47(3) places a duty on the following persons to prepare and deliver a...
Administration Administration is a process intended to grant an entity breathing space, aiming at either a rescue or a restructuring, or to deliver a better outcome for all creditors than a liquidation. The contemporary statutory administration framework appears in Schedule B1 to the Insolvency Act 1986 ( IA 1986), brought into force on 15 September 2003 by the Enterprise Act 2002. This Practice Note is directed primarily at real estate practitioners. It clearly sets out the core features of administration and examines essential provisions to be included in contracts for the sale of land where the seller is in administration......
Adequate accommodation The duty to evidence ‘adequate accommodation’ for the applicant partner and any family members—even those not named in the application—extends to virtually all applications for leave to enter or remain as a partner, whether under Part 8 or Appendix FM (this includes minimum income cases and those based on ‘specified benefits’). It likewise covers applications by children of settled persons, children of individuals with limited leave as a partner, and applications under Appendix Adult Dependent Relative. Under the Rules, it also reaches dependent children applying under Appendix Victim of Domestic Abuse, although how strictly this is applied in practice is uncertain. The only family applicants excused from showing ‘adequate accommodation’ are those relying on Appendix FM, para EX.1, or the residual exceptional circumstances in para GEN.3.2. See Practice Notes: Appendix FM: Section EX and Appendix FM: exceptional...
CASE HUB ARCHIVED This archived case hub records the position as at the judgments of 5 October 2020 and is no longer being maintained. See timeline, Case facts, Outline. CASE HUB— Cases T‑583/18 GVN v Commission and T‑597/18 Hermann Albers v Commission—actions for annulment before the General Court against the European Commission’s decision of 12 July 2018, which concluded that German legislation on local transport in the Land of Lower Saxony did not amount to State aid ( Cases SA.46538 and SA.46697)... Latest developments On 5 October 2020, the General Court delivered its judgment, dismissing both appeals in their entirety... Parties Applicants: Gesamtverband Verkehrsgewerbe Niedersachsen e. V (hereafter, GVN) Hermann Albers e. K (hereafter, Hermann) Defendant: European Commission (hereafter, the...
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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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