Featured documents
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
Most recent Practice notes
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 ( FA 2025), which obtained Royal Assent on 20 March 2025, legislates for the removal of the remittance basis and its replacement with a residence-based system from 6 April 2025. It also shifts the determinant of inheritance tax exposure from domicile to residence. Additional reforms cover updates to the excluded property rules, the scrapping of protected settlements status for offshore trusts, and revisions to overseas workday relief. For fuller detail, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. Offshore income gains ( OIGs) arise on disposals of interests in offshore funds that are either: ...
Overview Within civil litigation, defendants in personal injury matters most often rely on surveillance material. Its purpose is to expose any gap between the claimant’s asserted impairments following the index accident and reality. The Civil Procedure Rules ( CPR) contain no standalone rules for such material; a recording is treated as a document, so CPR 31 applies. There are three particular features of surveillance evidence that prompt specific considerations: surprise—its value lies in capturing the claimant carrying out activities when they have no expectation of being observed by, or for, the defendant; advance warning must accordingly be avoided secrecy—it is likewise crucial the claimant is not made aware that they are being watched; however, there are bounds to how far a defendant ought to go to obtain such material timing—its forensic force is in weakening the claimant’s case, so the...
What is a statutory Will? Where an individual is unable to make a valid Will for themselves, the Court of Protection, acting under the Mental Capacity Act 2005 ( MCA 2005), can authorise a Will to be executed on their behalf. These Wills are commonly described as statutory Wills, even though that expression does not appear in the MCA 2005. A statutory Will may include any provisions that could have been contained in a Will executed by P if they had the capacity to do so personally. The Court of Protection may only direct the execution of a statutory Will for a person who is aged 18 or over and who lacks testamentary capacity. For guidance on testamentary capacity, see Practice Note: Capacity to make or revoke a Will. The court alone has the authority to execute a Will on behalf of P....
Types of medical records Medical notes underpin any clinical negligence claim, making it crucial to obtain every relevant record in full. While broadly alike overall, the documents that exist and prove useful can vary significantly between GP files and hospital files. If overlapping papers appear in both GP and hospital sets, duplicate copies must be retained rather than removed. The following table outlines the various categories of records for ease of comparison later and subsequent review......
Nature of republication Publication once meant the testator told the witnesses the Will was theirs at the time of signing. That step is no longer required in modern practice. Section 13 of the Wills Act 1837 states that any Will executed in the prescribed manner is valid without further publication. No separate act of publication is required. Revival and republication have distinct roles and are not interchangeable concepts. Revival reinstates a revoked Will or codicil in law. If a testator has cancelled their Will and wishes to bring it back into effect, they may write it out again and execute it in line with WA 1837, s 9 (see WA 1837, s 22), as the statute provides. By contrast, republication merely affirms an unrevoked testamentary document. The term itself has drawn criticism; Lord Porte in Berkeley described it as ‘an expression now...
This Practice Note should be read alongside the accompanying flowchart. For a primer on the relevant property regime for trusts, see Practice Notes: Trusts—inheritance tax—overview and The meaning of relevant property. The inheritance tax ( IHT) charge on relevant property arises in two situations: on each ten-year anniversary of the settlement’s commencement (the principal, decennial charge), and when property (or value) stops being relevant property other than on excepted occasions (the exit charge) Further direction on how this charge operated before 18 November 2015 appears within the subtopic. This Practice Note looks in greater depth at calculating the principal charge on relevant property on or after 18 November 2015. The principal emphasis of this Practice Note is on inter vivos trusts. Is IHT an issue for a particular settlement? IHT applies only to ‘relevant property’, defined in section 58 of the...
Shares in a company can pass between holders in various situations, with a sale being the most typical example. a transfer arising on the granting or enforcement of security a transfer made as a gift a purchase by the company of its own shares transmission by operation of law (eg, on the death or bankruptcy of a shareholder) This Practice Note concentrates on the directors’ discretion to decline to register a transfer of certificated shares. Legal title to shares and equitable interests One or more individuals may hold a beneficial or equitable interest in shares while different persons hold the legal title. Where a recipient acquires an equitable interest before the legal title passes, this is commonly described as a transfer of the equitable/beneficial title to that person. For more on the relationship between legal title and equitable interests, see Practice Note: Transfer of...
Recording and transcription of hearings CPR 39.9 prescribes the rules for recording and transcribing court proceedings, and states that: All hearings in the High Court and County Court are to be recorded on tape (as defined in CPR 2.3(1)) or by digital means, unless the judge directs otherwise. No person may operate unauthorised recording equipment in any court or in a judge’s room without the judge’s permission. Doing so amounts to contempt of court under section 9 of the Contempt of Court Act 1981 ( CCA 1981). In Albert Court ( Westminster) Management Co Ltd v Fetaimia, the court, acting under its inherent jurisdiction and/or CPR 25, confiscated a mobile phone during a hearing where it suspected an unauthorised recording had been made. For information on contempt of court, see: Contempt and...
This Practice Note offers direction on how to construe and apply the pertinent provisions of the CPR. According to the forum hearing your case, further requirements may arise—see: Court specific guidance, and take account of any such provisions as relevant. In particular, you should note that substantial elements of CPR 29/ CPR PD 29 (addressing case management and the case management conference ( CMC) on the multi-track) are disapplied in the Commercial Court (see CPR 58.13 and CPR PD 58, para 10.1), the Circuit Commercial Courts (see CPR 59.11 and CPR PD 59, para 7.1), and the Technology and Construction Court (see CPR 60.6 and CPR PD 60, para 10). For material concerning case management and the CMC in the Commercial Court and the Technology and Construction Court, consult the following Practice Notes: Commercial Court— Commercial Court—case management and...
Although the common law adage ‘once a highway, always a highway’ is well known, statutory powers can prevail. As a result, highways can be diverted or closed under numerous Acts of Parliament, or through natural events. For diversion and closure arising from natural causes, see Practice Note: Natural and other causes of diversion and closure. Stopping-up of highways The principal powers most often used to stop up a highway are found in section 116 of the Highways Act 1980 ( Hi A 1980) and section 247 of the Town and Country Planning Act 1990 ( TCPA 1990). Under Hi A 1980, s 116, the highway authority may seek a stopping-up order from the magistrates’ court. The sole basis for such an order is that the highway is unnecessary. Under Hi A 1980, s 117, anyone wishing to have a highway stopped up as...
In construction and engineering projects Across construction and engineering works, a contractual breach can carry serious financial fallout. Where performance is defective or delayed, the employer may face remedial expenditure, sunk or wasted costs, lost profit, loss of business and diminished revenue. Recovery is confined to losses that satisfy the remoteness rule in Hadley v Baxendale; in other words, the loss must be either a direct loss or a consequential (also termed ‘indirect’) loss. The sense of these expressions is expanded below. Deciding whether any given head of loss is direct or consequential can be challenging and is always fact‑specific. The divide matters in construction in particular, as numerous construction contracts restrict or exclude liability for consequential loss. For guidance on excluding or capping consequential loss in construction contracts, the care required when drafting those clauses, and the stance taken in standard form...
What does this Practice Note cover? This Practice Note sets out an overview of the legal regime regulating gaming and wagering in relation to financial derivatives, with specific reference to the relevant provisions of the Financial Services and Markets Act 2000 ( FSMA 2000) and the Gambling Act 2005 ( GA 2005). It indicates when derivative contracts might be categorised as ‘gaming’ or ‘wagering’ under UK law, and summarises how FSMA 2000 and GA 2005 address their enforceability. Gaming Acts 1845 and 1892 Under section 18 of the Gaming Act 1845 ( GA 1845), every agreement made by way of gaming or wagering was void, and no proceedings could be brought to recover any money won on a wager. By section 1 of the Gaming Act 1892 ( GA 1892), any promise, whether express or implied, to reimburse any person any sum paid by him under, or in...
This Practice Note provides guidance on drafting the defence It should be read alongside Practice Note: Drafting statements of case, which offers guidance on preparing statements of case generally, including formatting expectations, the requirement for a statement of truth, electronic filing of statements of case, and other matters relevant to all statements of case. This Practice Note explains the formal requirements for drafting a defence under the CPR. For practical guidance on the substantive content of the defence, see Practice Note: Drafting the defence—drafting tips. This Practice Note addresses only the drafting of a defence for a claim brought under CPR 7. In claims issued under CPR 8, there is no obligation to file a defence ( CPR 8.9). For more on claims commenced under CPR 8, see Practice Note: CPR Part 8 claims (alternative procedure for claims). For information on filing the...
Current court fees This Practice Note sets out details of the principal court fees payable for civil proceedings in the Court of Appeal, High Court and County Court, as prescribed by the Civil Proceedings Fees Order, SI 2008/1053, Sch 1 (as amended). The majority of court fees for civil matters are contained in the Civil Proceedings Fees Order, SI 2008/1053, Sch 1, which is updated whenever any of the Schedule 1 fees are altered. Certain civil proceedings fees are prescribed in other legislation, including Supreme Court fees—see Practice Note: Supreme Court—costs, fees and funding—on or after 2 December 2024. A comprehensive list of the fees payable in civil proceedings is available on GOV. UK— Fees in the Civil and Family Courts—full list ( EX50A). A selection of the principal fees payable in civil proceedings is also set out on GOV. UK— Civil court fees (...
Trusts laws of the Cayman Islands The principal legislation regulating trusts in the Cayman Islands is the Trusts Act (2021 Revision) (the Trusts Act). That Act draws together several further enactments relevant to Cayman trusts, including, without limitation, the Special Trusts ( Alternative Regime) Law 1997 and the Trust ( Amendment) ( Immediate effect and Reserved Powers) Law 1998, as well as other pertinent measures. See also The Rule on Perpetuities. It is important to recognise that Cayman Islands trusts law is rooted in English common law and equity, which continue to inform the interpretation and practical application of trust law in the Cayman Islands. Nevertheless, as the Cayman Islands’ trusts regime has developed over time, a series of statutory distinctions has arisen between the Cayman Islands and England, and therefore it should not be presumed that Cayman Islands trusts law will be applied in...
The offence of actual bodily harm Assault occasioning actual bodily harm ( ABH) can be tried in either the magistrates' court or the Crown Court. In most instances, ABH is tried in the magistrates' court unless that court considers its sentencing powers inadequate (see: Sentencing for ABH below). Elements of the offence Under section 47 of the Offences Against the Person Act 1861 ( OATPA 1861), the prosecution must prove: an assault or a battery; and that the assault or battery caused the victim actual bodily harm. Assault The prosecution must establish: conduct, done intentionally or recklessly, which causes the victim to apprehend immediate unlawful violence. It is unnecessary for any force to be used; the required element is the fear or anticipation of violence. Battery The prosecution must establish: the infliction of unlawful force upon another person; and that such force was applied...
This Practice Note addresses the relationships that arise among principals, agents, and the third parties with whom the agent transacts on the principal’s behalf. It reviews the principal’s exposure for its agent, the scope of an agent’s authority (including remedies for any excess or breach of authority), fraud and misrepresentation, and the concepts of disclosed and undisclosed principal. Principal’s liability for acts of agent A principal will generally be answerable for all acts carried out by an agent within the agent’s authority, whether liability sounds in contract or in tort. Authority encompasses the agent’s actual, apparent (ostensible), or usual (customary) authority. For further detail, see Practice Notes: Scope and authority of the agent and Forming enforceable contracts—agent’s authority to contract. An agent’s authority derives from the principal, and it should be recognised at the outset that the capacity to bind a principal in contract does not, of...
In England and Wales, it is unlawful for an adult to purchase, or seek to purchase, tobacco or tobacco‑related goods for someone under the age of 18. This conduct—often called ‘proxy purchasing’—is an offence committed by the adult who makes, or tries to make, the purchase, rather than by the retailer supplying the product... Separately, a retailer commits a distinct offence if they sell tobacco or nicotine inhaling products to anyone under 18, under section 7 of the Children and Young Persons Act 1933 ( CYPA 1933). For further detail on the prohibition against selling tobacco to under‑18s, see Practice Note: Prohibitions on the sale of tobacco and nicotine inhaling products... This separate offence forms part of continuing measures to cut the number of children becoming addicted to cigarettes and tobacco. It expressly includes e‑cigarettes and their components, reflecting concerns that increased...
Utilities Water, gas, electricity, communications and wider energy sectors have statutory permission to enter onto private land to install pipes, lines, cables and related service infrastructure. Where landowners lack private service rights, they may compel a provider to invoke compulsory acquisition powers to meet its duty to connect and enable a development project. Compulsory powers Each utility’s powers stem from sector-specific legislation. Although the general approach is comparable, compensation frameworks differ by utility. Those statutory schemes are industry-specific yet broadly aligned in their overall approach. Each contains its own compensation basis. In some cases, schemes cap compensation at the land’s diminution in value where rights are exercised, rather than the open market value. Electricity Under the Electricity Act 1989 ( EA 1989), persons licensed to generate, transport or supply electricity may obtain a wayleave to place an electric line on, under or over private land, with...
This Practice Note considers the situations in which proceedings for contempt of court under CPR 81 (also known as ‘committal proceedings’) may properly be brought for non-compliance with a court order or with an undertaking. It explains the process to be adopted when bringing contempt of court proceedings, including the requirement that the order in question carries a penal notice. It further addresses the bringing of contempt proceedings for breach of a court order or undertaking against a company or a corporation. This Practice Note is to be read alongside Practice Note: Civil contempt proceedings—nature and legal framework, which provides a general overview of the key considerations in these types of proceedings, and alongside Practice Notes: Civil contempt proceedings—application considerations and Civil contempt proceedings—court order requirements. Note: where a party has failed to comply with a court order, contempt...
Popular documents
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 ]...
Discover more from LexisNexis
