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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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Note—to check whether notification thresholds in the Central African Republic and worldwide are satisfied, please refer to: Where to Notify. 1. Have there been any recent developments regarding the CAR merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in the CAR? The Central African Republic ( CAR) embedded competition rules in its Commercial Code, Law No. 2016-06 of 30 December 2016 (the Commercial Code), replacing the former competition statute, Law No. 92.002 of 26 May 1992. Oversight of competition matters in the CAR rests with the Commission Nationale de la Concurrence ( CNC). The CAR also belongs to the Central African Economic and Monetary Community ( CEMAC), whose merger control framework is set out in Regulation No. 06/19- UEAC-639- CM-33 of 7 April 2019 on competition (the CEMAC Competition...
Confidentiality and arbitration This Practice Note explores confidentiality and arbitration under the law of England and Wales ( England and English are used as a convenient shorthand). For many participants, a key motivation for choosing arbitration, rather than pursuing litigation before national courts, is the expectation of privacy, with disclosed materials and papers created for the arbitration (including the award) ordinarily cloaked by confidentiality in their entirety, covering both the conduct and outcome of the process. Within that context, in the QMUL/ White & Case 2010 survey, ‘ Choices in International Arbitration’, 62% of respondents said confidentiality was very important in international arbitration. In the 2015 study, ‘ Improvements and Innovations in International Arbitration’, confidentiality and privacy ranked among the top five most valued features of international arbitration. The Arbitration Act 1996 ( AA 1996) is strikingly silent on...
This Practice Note is prepared in collaboration with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer, and Ms Thea Elyssa Vega, Foreign Lawyer, all from Wong Partnership LLP, Singapore. The 7th Edition of the SIAC Rules took effect on 1 January 2025 and can be accessed here, notably. This Practice Note reviews the early dismissal of claims and defences under the Arbitration Rules of the Singapore International Arbitration Centre ( SIAC) (7th Edition) 2025 (2025 SIAC Rules) herein. The 2025 SIAC Rules govern arbitrations commenced on or after 1 January 2025, unless the parties have agreed to the contrary. Early dismissal under the 2025 SIAC Rules, r 47 SIAC was among the earliest leading international commercial arbitration institutions indeed to adopt a process for the early dismissal of claims and...
This Practice Note examines, in particular, the courts’ approach when related proceedings are initiated in different jurisdictions within the EU. Related proceedings are also actions so closely and intrinsically connected that it is appropriate to hear and determine them together, thereby avoiding the risk of inconsistent judgments which might otherwise result if they were pursued separately. This Practice Note sets out the meaning of ‘related proceedings’ as defined in Article 30 of Regulation ( EU) 1215/2012, Brussels I (recast), and reviews the range of considerations a court may apply when deciding whether to stay proceedings as appropriate. In addition to related proceedings, another species of multiple actions is ‘parallel proceedings’ or ‘lis pendens’, addressed in Article 29 of Regulation ( EU) 1215/2012, Brussels I (recast). For guidance on the following topics, see: parallel proceedings: Practice Notes— Brussels I (recast) — parallel...
This Practice Note This Practice Note outlines what qualifies as an administration expense and highlights leading case law. In an administration, such expenses are paid out of the company’s assets in administration in a defined order: after fixed charge creditors but before preferential creditors, floating charge holders and unsecured creditors This sequence of priorities (the ‘waterfall’) was modified by the Corporate Insolvency and Governance Act ( CIGA 2020) where the administration is preceded by a moratorium under Part A1 of the Insolvency Act 1986 ( IA 1986). Various types of expense are identified by IA 1986 and the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024. The IR 2016, SI 2016/1024 also set out, with specificity, the payment priority to be applied to the different categories of expense. Consequently, a creditor seeking to improve their position must not only...
ARCHIVED: This Practice Note is archived and is not being actively maintained at this time. It provides detailed information on the Finance Act 2026 ( FA 2026), which obtained Royal Assent on 18 March 2026. It is preserved for historical reference and context, tracing the legislation’s journey from draft publication, through Parliament, to enactment. It also sets out the principal provisions and signposts major events and documents—such as any published amendments—relevant to the legislation’s progress and development. The tracker is divided into two parts as follows: Progress of FA 2026 FA 2026—measure by measure As outlined below, the government released draft legislation twice for public consultation ahead of its possible inclusion in FB 2026. For analysis of those drafts, see News Analyses: Tax update spring 2025— Tax analysis— Corporation tax and international and Legislation Day: Draft Finance Bill 2026— Tax...
Tipping off and prejudicing an investigation Once a suspicious activity report ( SAR) has been filed, warning the alleged offender that their behaviour is attracting attention would strip the authorities of the benefit, as they could take steps to conceal their misdeeds or even disappear. To address this risk, the Proceeds of Crime Act 2002 ( POCA 2002) sets out the discrete offences of ‘tipping off’ and ‘prejudicing an investigation’. These offences share certain common features, yet they are aimed at distinctly different forms of offending conduct. The tipping off provisions apply solely to the regulated sector and are engaged where an individual knows or suspects that a disclosure (including a SAR) has been made under POCA 2002, s 337 (protected disclosure) or POCA 2002, s 338 (authorised disclosure) (see Practice Note: Authorised disclosure, protected disclosure and appropriate consent). By...
This Practice Note considers the principles and application of the duty to make reasonable adjustments for disabled people in employment. The Equality and Human Rights Commission ( EHRC) characterises the duty to make reasonable adjustments as a fundamental element of the Equality Act 2010 ( Eq A 2010). It places a positive obligation on employers to remove barriers so that disabled people can obtain work, participate fully and progress in their careers. This extends beyond merely refraining from unfavourable treatment of disabled employees, candidates and potential applicants, and entails taking additional measures that are not owed to individuals who are not disabled... Discrimination against a disabled person arises where an employer does not fulfil the duty to make reasonable adjustments owed in relation to that individual. Treating, or proposing to treat, disabled people more favourably than non-disabled people does not amount to direct...
This Practice Note considers receivers appointed under the Law of Property Act 1925 ( LPA 1925) or by an express power in a charge (for ease of reference, both are referred to in this Practice Note as LPA receivers, or simply receivers). This Practice Note does not address administrative receivers, nor receivers appointed by the court. VAT issues for receivers A receiver’s principal task is the collection and application of monies that come to them during their appointment. The factual circumstances may, in practice, be straightforward or intricate, depending on the nature of the property over which the receiver is appointed, the powers conferred by the mortgage deed under which the receiver is appointed, and the appropriate steps the receiver must take to maximise the return to the appointing mortgagee. A receiver, as a general rule, ordinarily controls the property in question for which they are...
This Practice Note is part of the Share purchase transaction collection Carrying out legal due diligence typically entails examining papers the seller provides in a data room or forwards to the buyer for assessment. This commonly covers a range of agreements (including specialist contracts), alongside records, ledgers and lists. On a share acquisition, corporate counsel will invariably scrutinise core corporate documentation, for example the company’s articles of association and its statutory books and records. The process must also comprise searches of public registers, for example Companies House and HM Land Registry. The disclosure letter will often include general disclosures reflecting what those public searches reveal; the buyer should require evidence of searches actually undertaken, not merely information that would have surfaced had a search been carried out. The buyer’s legal due diligence will typically concentrate on: title (the seller’s title to the sale shares, and title to key...
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 6 May 2025; it is no longer being updated. See further timeline, commentary and related cases. Case facts Outline CMA Article 101 TFEU/ Chapter I CA98 investigation into a revenue‑sharing arrangement, the Atlantic Joint Business Agreement, between International Airlines Group ( Aer Lingus Limited, British Airways plc, and Iberia Líneas Aéreas de España S. A), American Airlines, and Finnair OYJ, covering air transport services linking Europe and North America ( Case 50616). Latest developments On 6 August 2025, the CMA stated it would accept modified commitments from the parties to remedy its competition concerns (see further details below). Parties International Airlines Group ( IAG) ( Aer Lingus Limited ( EI), British Airways plc ( BA) and Iberia Líneas Aéreas de España S. A ( IB)): IAG was created in 2010 via the merger of BA and...
The Lexis+® UK Financial Services FCA/ PRA Enforcement Database: Contains comprehensive details on all substantive FCA and PRA Final Notices and, where available, Decision Notices issued from 2014 onwards. Beyond enabling searches by particular rule or statutory breach, users may stack multiple filters, covering sector, keywords, and outcomes including public censures, prohibitions and Upper Tribunal judgments. The Database also provides in-depth analysis of financial penalties so that searches can be refined by criteria such as seriousness, aggravating and mitigating factors, and financial hardship. All material particulars of each matter appear within the Database, accompanied by the relevant Final Notice/ Decision Notice, any connected notices, and FCA/ PRA press releases......
This Practice Note addresses the process for seeking an order to dispense with service of documents, including the claim form. Read it alongside Practice Note: Dispensing with service of documents—principles, which sets out the relevant principles for dispensing with service. Making an application for an order dispensing with service of documents An application to dispense with service of documents is a request for a court order; accordingly, the core procedure is found in CPR 23 and CPR PD 23A. For guidance on preparing a CPR-compliant application, see Practice Note: How to make an application for a court order ( CPR 23). The sections below identify aspects of the applications procedure that are particular to an application for an order dispensing with service of documents. They are intended to supplement, not replace, the general guidance referred to...
Drafting a defence under CPR 7 This Practice Note sets out practical direction for preparing a defence to proceedings issued under CPR 7. Read it alongside Practice Note: Drafting statements of case, which outlines general points on statements of case, including format, the requirement for a statement of truth, and electronic filing. It offers hands-on pointers for composing a defence, including how to challenge shortcomings in the particulars of claim and how to plead specific defences such as limitation, contributory negligence, illegality, and failure to mitigate. For the procedural rules governing defences, see Practice Note: Drafting the defence—formalities. This Practice Note addresses only defences to claims under CPR 7. Where a claim proceeds under CPR 8, no defence need be filed ( CPR 8.9). For further detail on CPR 8 claims, refer to Practice Note: CPR Part 8 claims...
ARCHIVED This archived Practice Note offers guidance on completing Form 1 Application for permission ( UKSC Form 1— PTA) or Form 1 Appeal ( UKSC Form 1— Appeal). It addresses serving the permission to appeal application, the further steps when lodging that form (including documents to accompany it), and the ensuing actions by the respondent (via its notice of objection) and the appellant. It also explains how to complete UKSC Form 3— Notice of objection/ Acknowledgement by the respondent ( Form 3), and covers service and filing, applications for extensions of time, amendments to applications, and any additional objections. It is not maintained and is provided for background information only. Appeals filed before 2 December 2024 This Practice Note applies only to: appeals to the Supreme Court which were in progress before 2 December 2024, and applications for permission to appeal and notices of appeal filed...
EU and UK competition law only applies to ‘undertakings’ These are economic entities engaged in supplying goods or services to the market on a commercial footing. For more detail on what counts as an ‘undertaking’ and what is meant by an ‘economic’ activity, see: Article 101(1) TFEU—the prohibition on restrictive agreements—the ‘undertaking’ concept. In many situations it is straightforward to see that competition rules attach to an organisation (eg a company or another commercial venture such as a partnership or a trading body). In other situations, notably where activities are undertaken by public sector bodies, the categorisation is less straightforward. Competition law polices the line between acceptable and unacceptable commercial conduct so that markets work properly and a level playing field is preserved, enabling all rivals to compete. This ensures that markets function adequately and that a level playing field is...
What does this Practice Note cover? This Practice Note sets out the key distinctions between ISDA documentation subject to New York law and that governed by English law. For International Swaps and Derivatives Association ( ISDA) papers, these two choices of law are the most frequently adopted, notably where parties from separate jurisdictions wish to settle on a governing law acceptable to both. The ‘ Cross- Border Multi- Currency ISDA Master Agreement’ is intended to be fully effective and enforceable under either selection of law. That position has been achieved not only through meticulous drafting, but also through ISDA’s influence in pressing national legislators to enact legislation that supports the cross-border market for financial transactions concluded on its standard terms. Consequently, across the ISDA Master Agreement, the Schedule and related documents, there tends to be minimal divergence, aside from the additional terms agreed in Part 5 of the...
An enduring power of attorney ( EPA) can be revoked in just three ways: automatic revocation revocation by the donor revocation by the court Automatic revocation An EPA stops having effect if either the donor or the attorney is made bankrupt, or if a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of the donor or the attorney. Where attorneys are appointed jointly, any reference in the Mental Capacity Act 2005 ( MCA 2005) to ‘the attorney’ is to be understood as referring to any one of the attorneys acting under the EPA. If attorneys are appointed jointly and severally, the provision is treated as addressing only the bankruptcy of the last remaining attorney under the power. If any other attorney under the power becomes bankrupt, that person simply ceases to act as an attorney; this does not...
Case law recognises multiple definitions of cohabitation. In relation to remedies open to cohabitants, the initial step is to demonstrate that the relationship is adequate to justify a particular remedy. The issue of whether cohabitation occurred may likewise arise on the breakdown of a marriage or civil partnership, eg when evaluating the relevance of pre-marital or pre-civil partnership cohabitation within financial proceedings as appropriate......
This Practice Note concentrates on the compulsory removal of an administrator from office and the appointment of an alternative office-holder. Situations where an administrator vacates office for other reasons are mentioned only in passing. The statutory provisions dealing with removal and replacement are set out in paragraphs 87–99 of Schedule B1 to the Insolvency Act 1986 ( IA 1986) and in the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, rr 3.62–3.70. This Practice Note does not consider applications to terminate an administration; for that, see Practice Note: How an administration comes to an end— Application to court to end administration. Who may substitute/remove? Where the administrator was appointed out of court by the company or its directors and there was no holder of a qualifying floating charge over the company’s property ( QFCH), the creditors may, by a...
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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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