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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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These tables present completed appeals brought by UK competition regulators before the Competition Appeal Tribunal, the Court of Appeal and the Supreme Court, concerning decisions under Article 101 TFEU and/or Chapter I of the Competition Act 1998, and Article 102 TFEU and/or Chapter II of the Competition Act 1998. Related judicial review matters are also covered. For live appeals, see UK competition appeals—ongoing cases tracker. For completed CMA and OFT matters, see UK behavioural investigations under Article 101 TFEU/ Chapter I Competition Act—ongoing cases tracker and UK behavioural investigations under Article 102 TFEU/ Chapter II Competition Act—closed cases tracker. UK Article 101 TFEU/ Chapter I Competition Act 1998 appeals Appeals to the Competition Appeal Tribunal Keltbray Limited & Keltbray Holding Ltd v CMA (1588/1/12/23) Issues: Challenge to the CMA’s Supply of...
The list below covers concluded competition General Court appeals concerning Article 102 TFEU. For live General Court appeals, consult the General Court appeals—ongoing cases tracker. For appeals pending before the Court of Justice, see Court of Justice appeals—ongoing cases tracker, and for concluded Court of Justice appeals under Article 102 TFEU, refer to the Court of Justice Article 102 appeals—closed cases tracker. 2025 Case T- 1129/23 — Intel Corporation v Commission Challenge to the Commission’s decision in Intel Corporation (re‑imposed fine) ( AT.37990), re‑imposing a €376.36m fine on Intel for a previously established abuse of dominance in the x86 CPU market. See application. Judgment delivered—10/12/2025; appeal dismissed, with a reduction of the fine. Lodged—01/12/2023. Appeal subsequently filed before the Court of Justice in Case C- 143/26 P. Joined Cases T-...
This overview sets out all finalised cases by Hungary’s competition authority (the Gasdasagi Versenyhivatal— GVH)) concerning suspected cartels, anti-competitive arrangements and abuses of dominance ( Articles 101/102 TFEU and national counterparts) from 2018 onwards. Note—only investigations that have entered the public domain are listed here... 2025 Investigations under Article 101 TFEU/ Article 11 of the Hungarian Competition Act Case name, companies under investigation and industry Issues Developments Garbage trucks and sewer cleaning vehicles Volvo Hungária Kereskedelmi MUT Kft Seres Gépipari Kereskedelmi Interteher He Hans Eibinger Eurotrade Kft GIF Modul Issues: Restrictive arrangements—bid rigging Developments: Infringement finding—05/12/2025; fines totalling HUF 1.3bn imposed Lighting distribution Lutec Issues: Restrictive arrangements— RPM Developments: Infringement decision—10/07/2025; fines totalling HUF 13.5m imposed Investigations under Article 102 TFEU/ Article 21 of the Hungarian Competition Act Case name, companies under investigation and industry Issues Developments Song lyrics Google Issues: Concerns that Google abused its dominant position by self-preferencing its own service when displaying the lyrics of...
Clinical Negligence Claims Agreement 2024 The Clinical Negligence Claims Agreement 2024 replaces the COVID-19 Clinical Negligence Protocol (2020) (last revised in June 2021), which was first introduced as an emergency step to modify clinical negligence claims handling and litigation procedures during the coronavirus ( COVID-19) pandemic. The 2024 Agreement develops the earlier Protocol, with several practices now embedded in day-to-day claims management. The Agreement is not contractually binding, but it prioritises collaborative working between the parties. Introduction This Practice Note outlines the procedure for clinical negligence claims after service of the initial statements of case. It applies only to matters allocated to the multi-track. General principles of personal injury law remain relevant, yet practitioners must recognise the particular considerations that arise in clinical negligence claims. Practitioners should be familiar with the Pre- Action Protocol for the Resolution of Clinical Disputes. See Practice Note: The Pre- Action...
Coronavirus ( COVID-19) : The COVID-19 Clinical Negligence Protocol (2020) (last updated in June 2021) The Protocol was introduced to modify the way clinical negligence claims were managed and litigated during the coronavirus ( COVID-19) pandemic. It addressed a range of procedural and practical issues including: Limitation and extensions of time Communication Service Medical examinations Exchange of evidence Interim payments Settlement meetings and mediations BACS payments Costs budgeting Hearings, including adjournments In August 2024, it was replaced by the Clinical Negligence Claims Agreement 2024, which develops the earlier Protocol and embeds many of its approaches into routine claims handling. Although not contractually binding, the new Agreement promotes collaborative working between the parties. Limitation generally Section 2 of the Limitation Act 1980 ( LA 1980) sets the default rule that actions in tort must not be brought more than six...
Overview This Practice Note offers high level guidance on drafting a letter of claim in clinical negligence proceedings in England and Wales. A letter of claim in such matters is the formal pre-action document formally issued under the Pre- Action Protocol for the Resolution of Clinical Disputes (the Protocol). In clinical negligence litigation, the letter of claim: outlines the claimant’s position on breach of duty and causation starts the defendant’s four-month investigation window defines the questions likely to feature in any later proceedings may open the door to early resolution or an admission A letter of claim should not be sent out without proper investigation and supportive expert evidence. The Protocol is available here: Pre- Action Protocol for the Resolution of Clinical Disputes. Scope and application The Protocol applies to all claims against hospitals, GPs, dentists and other healthcare providers ( NHS and...
A clinician must obtain a patient’s consent before providing care for it to be lawful. That remains the case whether the intervention is a straightforward test or a major and invasive procedure. In practice, disputes about consent tend to surface after more serious and risky forms of treatment, such as surgery. For discussion of issues including self‑determination, valid consent, implied consent, adequate information in accordance with Montgomery, and causation, see Practice Note: Consent in clinical negligence claims—treatment and causation. The emergency treatment defence—unconscious patients What if the patient was unconscious on arrival at the hospital? The general principle is that, where treatment is needed to protect the patient’s life or health, and goes no further than is reasonably required in the patient’s best interests before recovery of consciousness, consent is taken to be implied or assumed. In Wilson, the Court of Appeal reasoned that, rather than...
Funding Typical routes to finance a clinical negligence claim are: legal aid/public funding conditional fee agreement ( CFA) after the event ( ATE) insurance before the event ( BTE) insurance damages-based agreement ( DBA) Courts have examined whether moving from legal aid to a CFA was sensible. In Surrey v Barnet and Chase Farm Hospitals, the Court of Appeal found the switch was unjustified because the advice overstated the drawbacks of staying on legal aid and did not refer to losing the Simmons v Castle 10% increase on general damages. In XDE, the Court of Appeal confirmed Surrey was not confined to situations involving the Simmons uplift; assessing the reasons for changing funding is a generally applicable exercise. Where a solicitor’s decision to change funding is questioned, they must provide a detailed witness statement setting out the...
This new starter guide is essential reading for claimant and defendant lawyers beginning a career in clinical negligence. It offers a primer on the subject, highlights key considerations, and outlines the principal steps in launching, managing and replying to a claim. It is designed for paralegals, trainee solicitors and anyone new to clinical negligence practice... The Overviews within each clinical negligence subtopic in the PI & Clinical Negligence practice area are an invaluable first port of call. These Overviews introduce each subtopic in the PI & Clinical Negligence module and include links to relevant materials to guide you through the subject matter covered... Notably, the module provides in-depth coverage of all procedural stages that may arise across different categories of clinical negligence claim for both claimant and defendant practitioners. This guide also includes links to help you get the most from the PI &...
Introduction The escalating effects of climate change are creating fresh categories of risk for property owners, occupiers, lenders and lawyers. On 12 May 2025, the Law Society of England and Wales released its Practice Note on Climate Change and Property ( PN25), together with a supplementary Technical Note explaining physical climate risks. PN25 sets out how climate-related risks should be approached in property transactions across residential, commercial and mixed-use assets. These risks are not solely an issue for landowners or society at large; they carry legal ramifications too, as evidenced by the growing body of climate litigation. PN25 reflects the Law Society’s view of good practice and does not amount to legal advice. It recognises that certain subjects, such as the physical effects of climate change, extend beyond purely legal matters and that solicitors are not competent to advise on them. However, subject to client...
An introduction to climate change What is climate change? Climate change describes long-term alterations in temperature levels and weather patterns. Such changes can occur naturally, for instance due to fluctuations in the solar cycle. However, since the nineteenth century, human actions have been the principal driver, chiefly through the combustion of fossil fuels such as coal, oil and gas. Burning these fuels produces greenhouse gas ( GHG) emissions that behave like an insulating blanket around the planet, trapping solar heat and lifting temperatures. Key GHGs causing warming include carbon dioxide and methane. They arise from many sources, for example petrol used to drive cars or coal burned to heat buildings. Clearing forests and other land also releases carbon dioxide that would otherwise remain stored in trees. Landfill sites are significant sources of methane. Energy, industrial activity, transport, buildings, agriculture and land use are among the...
This Practice Note examines the rise in ESG and climate-focused litigation and regulatory enforcement, and outlines measures financial institutions can take to ready themselves for and reduce this risk. Key points Many financial institutions remain ill-equipped to handle climate risk, leaving them vulnerable to more climate-linked claims and enforcement. Simultaneously, a growing cohort of claimants is turning to litigation to push businesses towards climate-friendly policies. Multiple drivers are fuelling more climate litigation and enforcement. While most pronounced in North America, other regions are rapidly catching up. As pivotal financiers of economic activity, financial institutions are increasingly targeted. Until lately, cases chiefly sought to compel disclosure of climate information. The emphasis is shifting from allegations of inadequate disclosure to actions scrutinising what prudent financial management entails. Greenwashing-related claims are also increasing. Financial institutions would be wise to plan for and lessen exposure, for instance by reviewing their...
Practical guidance on all of the areas These client-focused guides are intended for practitioners to forward straight to their clients, helping to clarify a specific legal process or concept. As such, they are written in everyday terms and contain no legal references whatsoever throughout......
What is clearing of derivatives? Clearing is the mechanism that removes the usual risk that a party to a derivatives transaction will fail to perform. The principal participants are: a financial institution called a clearing house, a central counterparty or CCP; and other financial institutions, typically banks or brokers, that enter a clearing agreement with the clearing house—these are the clearing members of the clearing house, also referred to as clearing firms. In cleared transactions: all trades are placed by clearing members, either for their own books or on behalf of their clients; and the clearing house inserts itself between the member firms to the trade, becoming counterparty to every transaction—so each side bears the clearing house’s risk rather than the other party’s risk. The manner in which the clearing house is inserted between the clearing members depends on whether it uses: the principal model—here, Clearing Member A and Clearing Member B enter into a...
This Practice Note outlines the SRA Accounts Rules requirements for using suspense ledgers. It also draws on supporting SRA guidance on Planning for and completing an accountant’s report, which gives helpful insight into the SRA’s stance on the unjustified use of a client suspense account. What is a suspense ledger account? A suspense ledger account is a general ledger heading that is not assigned to any specific client or the firm. It should be used only as a short-term measure to record unallocated funds—ideally for no more than five working days and, if possible, no longer than 30 working days. It is uncommon to use a suspense ledger account to post an unknown debit, i.e. a payment from client account (as opposed to a receipt). This is because adequate funds and proper authority must exist before any payment is made from a client account. For this...
This how-to guide is intended for law firms. It sets out what is required to measure client satisfaction and explains how to gather feedback on the service your firm delivers, including guidance on designing an effective client satisfaction survey. If your firm holds Lexcel accreditation, you must operate a procedure to monitor satisfaction across every area of the practice. Lexcel requirements are mandatory for firms that have, or aim to obtain, Lexcel accreditation, and they generally represent good practice for other firms. The Lexcel Standard does not prescribe a single method for monitoring client satisfaction. The Solicitors Regulation Authority has published resources on engaging with online reviews, outlining practical steps to help you strengthen your business by taking part in online review activity. It has also issued further resources on proactively engaging with comparison websites. The SRA’s information encourages firms to interact with clients who leave...
The Solicitors Regulation Authority The Solicitors Regulation Authority ( SRA) Code of Conduct for Solicitors, RELs and RFLs (the Code) was updated as part of the SRA Standards and Regulations, which replaced the previous SRA Handbook. The SRA Code of Conduct for Firms was revised at the same time. The SRA Handbook was in force from October 2011 until November 2019. The SRA Standards and Regulations set out the expectations placed on the regulated community, for the benefit of their clients and in the public interest. Seven mandatory Principles define the core ethical and professional duties required of all firms. They require you to act: to uphold the constitutional principle of the rule of law and the proper administration of justice to maintain public trust and confidence in the solicitors’ profession and in legal services delivered by authorised persons with...
Client and matter inception Client and matter inception is a vital step in safeguarding your practice, learning who your client is and what they expect from you, and meeting a range of regulatory requirements. Where you are acting for a new client, inception typically happens in two parts: stage 1—client inception (covered by this Practice Note) stage 2—matter inception (see Practice Note: Matter inception—law firms) In practice, you will often complete both stages concurrently. If you are opening a fresh matter for an existing client, stage 1 should already be in place, allowing you to focus on stage 2. You may still need to refresh your client due diligence—see Practice Note: Matter inception—law firms. This Practice Note explains what is required for client inception and outlines the procedures to follow when taking on a new client. It aligns with the SRA Standards and...
This Practice Note brings together client due diligence ( CDD) resources for the USA in a single, convenient place, cutting the time and effort by linking directly to the appropriate company registries across the various individual American States. Formation of companies in the USA sits with State authorities, and the breadth of information available differs under each State’s laws. A business entity in the USA is most commonly referred to as a corporation. Publicly traded corporations are recorded with the Securities and Exchange Commission ( SEC) in Washington, which keeps an online register. Client Due Diligence ( CDD) CDD is a central pillar of the anti-money laundering ( AML) and counter-terrorist financing ( CTF) framework. CDD obligations underpin the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, ( MLR 2017), SI 2017/692, as amended. Where the MLR 2017 apply,...
Failing to give proper costs estimates is a frequent source of client complaints and can lead to action by the Solicitors Regulation Authority ( SRA). This Practice Note outlines the regulatory duties you must follow when supplying costs information to your client. It reflects the SRA Codes of Conduct and the obligations under the SRA Transparency Rules. Where relevant, this Practice Note also includes: guidance issued by the Law Society expectations of the Legal Ombudsman (the Le O), as set out in An ombudsman’s view of good costs service Lexcel requirements—which are mandatory for firms holding, or seeking, Lexcel accreditation, and broadly represent good practice for others See also Precedents: Client care letter—law firms and Terms of business—law firms. Expectations of the Legal Ombudsman Costs complaints frequently go to the Legal Ombudsman rather than the SRA. You should therefore...
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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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