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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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Structure Reasons for the developer to form a JV There are several grounds on which a developer may choose to pursue a JV in connection with a development project, such as the following: spreading risk with another party and placing particular specialist risks with the JV participant most suited to manage them, combining specialist knowledge and expertise to marshal resources on a larger scale and for greater returns, gaining access to specific market knowledge from a party with specialist market experience outside the developer’s usual course of business From the developer’s viewpoint, in practice, it should be cautious not to over‑engineer the JV framework if this might fetter the management of the development process—beginning with the acquisition of land at the outset, continuing through the construction phase, and finally when making disposals upon completion. For example, a more...
A company is required to observe the statutory requirements in the Companies Act 2006 ( CA 2006) concerning the maintenance of accounting records. Further, additional rules on accounting records may govern a listed company, an AIM company, or a company whose securities are admitted to the AQSE Main Market, AQSE Trading or the AQSE Growth Market (previously the NEX Exchange Main Board, NEX Exchange Secondary Market and NEX Exchange Growth Market); however, these fall beyond the remit of this Practice Note. Certain or all of the statutory provisions on accounting records might likewise extend to other companies and entities, but that question also lies outside the remit of this Practice Note. This Practice Note does not consider those additional regimes, or the potential application of the statutory provisions to other bodies. The duty to keep accounting records All companies must retain adequate...
Rules and guidance The provisions governing annual accounts for LLPs falling outside the small and medium-sized LLPs regimes are contained in: Part 15 of the Companies Act 2006 ( CA 2006) The Limited Liability Partnerships ( Accounts and Audit) ( Application of Companies Act 2006) Regulations 2008, SI 2008/1911 (2008 Regulations), which apply parts of CA 2006 to LLPs The Large and Medium-sized Limited Liability Partnerships ( Accounts) Regulations 2008, SI 2008/1913 ( Large LLPs Regulations) The Limited Liability Partnerships, Partnerships and Groups ( Accounts and Audit) Regulations 2016, SI 2016/575 (2016 Regulations) This Practice Note considers the accounting framework as it applies to LLPs under the 2016 Regulations, which introduced various changes to the accounting regime for LLPs and qualifying partnerships. For a general overview of the statutory framework for LLP annual accounts, see Practice Note: LLP Accounts—an outline of the statutory...
The remedies available in cases involving attempts to enforce post-termination restrictions For ease, these can be split into: interim remedies available before a final trial, and remedies available after the case is finally tried Interim remedies generally take the form of injunctions and associated orders, including: Interim injunctions in employee competition claims and confidentiality claims Springboard injunctions in employee competition claims Delivery up orders in employee competition claims and confidentiality claims Search orders and imaging orders in employee competition claims and confidentiality claims Freezing orders in employee competition claims Although courts often direct an expedited trial in employee competition disputes, many claims to enforce post-termination restrictions do not proceed to a final hearing. The key confrontation usually occurs at the interim stage, where the employer seeks, and the employee opposes, injunctive relief. After that initial...
Assimilated law Originally developed in collaboration with Sue Brown and revised in partnership with Andrew Wilson. Assimilated law is the label for retained EU law ( REUL) that continues in effect after the end of 2023. The re-categorisation of REUL (and related terms) as assimilated law marks a change in its status and handling within UK law, meaning it is generally construed by reference to ordinary domestic legal rules and principles. For more information, see Practice Note: Assimilated law. This Practice Note references UK Rome II, Regulation ( EC) 864/2007. The regulation applies when identifying the applicable law in matters where the damaging event constituting a tort occurred on or after 1 January 2021. Formerly termed Retained Rome II, from 1 January 2024 it is described as Assimilated Rome II—the alteration is in the name only, not in the regulation’s provisions. Case law may employ either...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the judgment of 7 October 2014; it is no longer maintained. See further: timeline and related/relevant cases Case facts Outline An appeal was lodged before the General Court to set aside the Commission’s decision of 3 August 2011, which refused Schenker AG access to selected materials in the Commission’s administrative file concerning the ‘ Airfreight cartel’ inquiry. On 7 October 2014, the General Court partly annulled that decision for failing to grant access to a non-confidential version of the Airfreight infringement decision, while dismissing the remainder of Schenker’s action. Parties Applicant: Schenker AG ( Schenker) Defendant: European Commission Other parties: Air Canada Cathay Pacific Airways Ltd ( Cathay Pacific) Lufthansa Cargo AG ( Lufthansa) Koninklijke Luchtvaart Maatschappij NV ( KLM) Martinair Holland NV ( Martinair) Société Air France SA ( Air France) Swiss International Air Lines AG (...
Part I of the Countryside and Rights of Way Act 2000 ( CRWA 2000) Part I seeks to broaden the public’s freedom to explore open countryside. It creates a statutory right for people to be on foot—subject to exceptions (see ‘ Excepted land’ below)—across ‘access land’. Under CRWA 2000, s 1, ‘access land’ includes: mapped areas of ‘open country’, encompassing mountain, moor, heath and down virtually all registered common land (ie land registered as such under the Commons Registration Act 1965) ‘coastal margin’, as determined by the Secretary of State under CRWA 2000, s 3A ‘dedicated land’, meaning land whose owners have dedicated it for public access under CRWA 2000, s 16(1) Any land to which this public right of access applies is referred to as ‘access land’......
Why do environmental issues need to be considered at the outset of a corporate transaction? Environmental and health & safety ( EHS) matters should be addressed at the heads of terms stage because: Clean-up costs for legacy contaminated land can represent one of the biggest financial exposures in a deal Environmental audits can take weeks (an intrusive phase 2 often lasts six to eight weeks). A seller may upload its own environmental reports to the data room to bolster negotiations on price and indemnities Where an environmental permit must be transferred, the process may take two to four months, or longer Smaller companies are frequently not compliant with health & safety legislation. The seller may commission an asbestos survey or implement a health & safety policy and manual See Practice Notes: Heads of terms—share and asset purchases Data...
This Practice Note considers the ‘e Disclosure Protocol’, whose second edition was released on 9 January 2015, and concerns the relevant disclosure of electronic documents in cases heard in the Technology and Construction Court ( TCC). It explores its layout, the issues and guidance it contains, together with certain key practical considerations. Note 1 : the e Disclosure Protocol pre-dates CPR PD 57AD (in force from 1 October 2022) which governs disclosure in many claims in the TCC. It sets out separate procedures for managing e-disclosure in such cases that are different from those discussed within the e Disclosure Protocol. In many circumstances the provisions of CPR PD 57AD build upon and prescribe more elaborate requirements than the processes described in the e Disclosure Protocol. Public procurement claims and Part 8 claims are not subject to CPR PD 57AD (see paras 1.4(2) and 1.4(7)...
The Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) The RH( W) A 2016 gained Royal Assent on 18 January 2016 and commenced on 1 December 2022. It significantly overhauled the manner in which properties are let in Wales across both public and private sectors. Multiple, complex statutes were consolidated into a single legal framework, intended to simplify the process and enhance flexibility and transparency. Guidance on renting homes has been issued by the Welsh Government and is available here. This Practice Note is chiefly directed at private sector landlords and tenants (who would formerly have entered into assured or assured shorthold tenancies), though many of the RH( W) A 2016 provisions discussed here apply to lettings in both the public and private sectors. For further material on public sector lettings, see the Practice Notes: Renting Homes ( Wales) Act...
Forthcoming change: Following the Government’s response to the Ministry of Justice and the Office of the Public Guardian ( OPG) consultation Modernising Lasting Powers of Attorney, the Powers of Attorney Bill secured Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 ( PAA 2023). PAA 2023 will amend the Mental Capacity Act 2005 ( MCA 2005) to deliver a more modern lasting power of attorney ( LPA) service. The changes will include: Introducing regulations so those involved in making an LPA can choose to sign the LPA digitally or on paper; Removing the option for attorneys to register an LPA, meaning only the donor will be allowed to register; Introducing regulations setting identification verification requirements for registration applications; Providing for a single route for registration objections to the OPG and widening who may object to include third parties, not only those named in the...
The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended These regulations, as amended, require firms to put in place and maintain policies, controls and procedures that effectively manage and reduce the risks of money laundering, terrorist financing and proliferation financing identified through their firm-wide risk assessment ( FWRA). be reviewed and updated on a regular basis include the oversight and management of compliance with, and the internal communication of, those policies, controls and procedures This Practice Note is a how-to guide that explores how firms can monitor and assess the effectiveness of, and compliance with, the anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing policies, controls and procedures they have implemented. It reflects the requirements of the MLR 2017, as amended......
This tracker sets out pensions rulings issued by the General Regulatory Chamber ( GRC) of the First-tier Tribunal ( FTT) and the Upper Tribunal ( UT) in 2025, covering appeals against determinations of the Pensions Regulator concerning breaches of automatic enrolment obligations, arranged chronologically. Use the Table of Contents on the left-hand side of the page to move between the items and sections listed within it......
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note lists the key dates for restructuring and insolvency professionals in 2024, covering appeal court hearings, consultation deadlines, events as well as the coming into force of insolvency-related legislation. January 2024 Date Event 1 January 2024 The Retained EU Law ( Revocation and Reform) Act 2023 ( Commencement No 1) Regulations 2023, SI 2023/1363 come into force and are the first commencement regulations made under the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023)......
The Property case tracker This tracker sets out notable 2023 judgments that we regard as relevant to property lawyers, presented with the newest first. It uses the following definitions: AST: assured shorthold tenancy CVA: company voluntary arrangement FTT: First-tier Tribunal HMO: house in multiple occupation LPA: local planning authority NPPF: National Planning Policy Framework RRO: rent repayment order RTM: right to manage TCC: Technology and Construction Court UT: Upper Tribunal ( Lands Chamber) VTE: Valuation Tribunal for England See also the Property key future developments tracker, which monitors the progress and outcome of appeal cases, while this document summarises all matters we consider relevant to property lawyers. See further: Property case tracker—2022 [ Archived] Property case tracker—2021 [ Archived] Property case tracker—2020 [...
ARCHIVED: This archived Practice Note sets out key dispute resolution ( DR) appeals or notable appellate court rulings in the sphere of general civil litigation in England and Wales from 2023 to the present, and highlights significant pending appeal matters (to support horizon scanning) alongside reported decisions handed down by the Supreme Court, Court of Appeal, Competition Appeal Tribunal, Judicial Committee of the Privy Council (the Privy Council), Court of Justice of the European Union ( Court of Justice) and the European Court of Human Rights ( ECt HR). Links are provided to each judgment and any bespoke News Analysis to aid comprehension of the principles addressed in the decisions and the impact of those rulings. This Practice Note comprises two elements designed to help dispute resolution practitioners stay current with developments in case law that affect their practice area, or that bear upon civil...
January 2021 Date Event 1 January 2021 – The Hague Convention of 30 June 2005 on Choice of Court Agreements took effect for the UK. The UK had been covered via EU membership until Brexit ended that route. The UK’s instrument of accession keeps it bound after the transition. See: LNB News 29/09/2020 49. 1 January 2021 – The Dutch restructuring scheme under the Act on the Confirmation of Private Plans ( Wet Homologatie Onderhands Akoord, ‘ WHOA’) became operative. See News Analysis: The new Dutch scheme and Practice Note: Restructuring and insolvency— Netherlands— Q& A guide. 1 January 2021 – Germany’s new regime under the Act on the Stabilisation and Restructuring Framework for Companies ( Gesetz über den Stabilisierungs-und Restrukturierungsrahmen für Unternehmen) ( Sta RUG) came into effect. See Practice Note: Restructuring and insolvency— Germany— Q& A guide. 1...
This case tracker sets out the latest position and developments on key matters for corporate practitioners where the judgment was delivered, or is expected, in 2020. It encompasses significant cases before the High Court, Court of Appeal, the Supreme Court and the Court of Justice of the European Union. It is not designed to be a complete register of hearings in 2020. This tracker is divided into two parts: ongoing cases, ie those subject to appeal, and recent cases, listed with the most recent first For the purposes of this tracker: CA 2006 means the Companies Act 2006 FSMA 2000 means the Financial Services and Markets Act 2000 Ongoing cases Case: Boston Trust Company Ltd; and another company (in their capacities as trustees of Erutuf Trust) (suing on behalf of Erutuf Trust and all other shareholders in Tellisford Ltd other than VOC Trustee Ltd) v Szerelmey Ltd and...
2019: Key Restructuring & Insolvency cases [ Archived] This Practice Note remains archived and is no longer updated...
This Tracker helps you determine whether a state is a signatory to the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Judgments Convention), and whether the convention is already operative for that state. It also summarises the work of the Hague Convention on Private International Law ( HCCH) leading up to the convention’s adoption. Note that the convention took effect on 1 September 2023 for the EU and Ukraine. For guidance, see Practice Note: Hague Judgments Convention— Entry into force of the convention. UK and the convention For the UK, the convention began to apply on 1 July 2025, being the first day of the month after the lapse of 12 months from ratification ( Article 28 of the Hague Judgments Convention); the UK ratified on 27 June 2024—see HCCH website: status table. At the outset, 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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