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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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Under the Regulatory Enforcement and Sanctions Act 2008, regulators were enabled to address offences through civil sanctions rather than prosecution. From 2010, the Environment Agency ( EA) and Natural England ( NE) received powers covering various environmental offences. In 2015, the regime widened as the EA gained authority to accept enforcement undertakings for environmental permitting offences. The Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157, applies in England, while the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821, applies in Wales. Schedule 5 to each instrument sets out the sanctions available for particular offences. For instance, stop notices can be used for offences under section 33(6) of the Environmental Protection Act 1990 (waste offences), but not for those under s 71(3) (information offences). The EA first exercised these powers in 2011, with NE following in 2012. Since 2013, the Natural...
Civil recovery of misappropriated cryptoassets This Practice Note outlines avenues to reclaim misappropriated cryptoassets and sets out the legal and technical hurdles arising from the characteristics of such assets and the speed with which fraudsters can deploy obfuscation tools to conceal them. It addresses the roles of following and tracing during recovery, the availability of interim relief in civil proceedings concerning cryptoassets, and the significance of the Proceeds of Crime Act 2002 ( POCA 2002) to civil recovery in this field. Crypto asset recovery Crypto asset recovery means regaining access to digital property that is lost, stolen, or otherwise unreachable. Situations prompting recovery include lost wallet access, mistaken transactions—for example, assets sent to the wrong wallet address—or fraud. Depending on the facts, potential approaches include: Reconstructing passwords and seed phrases, using brute-force methods or partial backups Conducting blockchain analysis to map transfers and pinpoint destination...
Introduction to cash seizure powers under POCA 2002 Part 5, Chapter 3 of the Proceeds of Crime Act 2002 ( POCA 2002) sets out the regime for recovering cash through summary proceedings in England and Wales, together with the attendant powers to search for, seize and forfeit cash. Although applications for cash seizure and forfeiture are determined in the magistrates’ courts, the process is civil rather than criminal. Consequently, the applicants must establish their case on the civil standard of proof—the balance of probabilities—instead of the criminal standard of proof. Further, unlike criminal proceedings, the emphasis falls upon the property itself, not on the blameworthiness of the person in possession or its holder. In this way, the proceedings target assets rather than individuals. Complementary provisions, mirroring the cash seizure and forfeiture framework, exist for the recovery of listed assets such as precious metals and jewels ( POCA...
Assistance to overseas authorities in civil recovery proceedings Part 5 of the Proceeds of Crime Act 2002 ( POCA 2002) establishes a civil route, via court proceedings, for the freezing and divestment of the proceeds of crime. In tandem, POCA 2002, Pt 11 and the Proceeds of Crime Act 2002 ( External Requests and Orders) Order 2005 ( SI 2005/3181, the 2005 Order) create a comprehensive framework through which the UK may assist, upon request, an overseas authority, closely aligning with the UK’s domestic arrangements in both substance and practice. This regime permits UK enforcement authorities to take steps to enforce, or to act in support of, an overseas court order—described in statute as ‘giving effect to external orders by means of civil recovery’—and to take measures antecedent to overseas proceedings—‘giving effect to external requests by means of civil...
This Practice Note outlines a standard schedule for starting civil claims in practice. A vertical comparison likewise offers direction on the steps parties should weigh when considering issuing proceedings in the courts of England and Wales. It highlights usual sequencing and the principal considerations for parties preparing cases. Typical timeline in civil proceedings Notes Note 1 Cause of action When evaluating the strength of the dispute, court litigation is a route to secure a remedy against the other side, and neither statute nor contract compels a different path. Note 2 Pre-action Parties are urged to attempt settlement before issuing, including by using alternative dispute resolution ( ADR). Observance of a pre-action protocol is required (eg sending a letter of claim). Considering pre-action measures, such as freezing injunctions or pre-action disclosure applications, is also available. Note 3 Issuing proceedings The claim form and particulars of claim are commonly issued...
ARCHIVED: This archived Practice Note is no longer updated and is provided solely for background reference. In addition, some links may not lead to the provisions as they stood when this guidance was issued. For information on earlier and/or later CPR amendments, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Note summarises forthcoming CPR changes. The provisions take effect on 1 October 2014 by virtue of The Civil Procedure ( Amendment No 6) Rules 2014, SI 2014/2044, and the 75th Update— Practice Direction Amendments. Note: amendments that do not affect the DR PSL module are not considered here, including: personal injury ‘soft tissue injury claims’ (ie whiplash claims) proceedings under the Presumption of Death Act 2013 applications for injunctions under the Anti-social Behaviour, Crime and Policing Act 2013 For the full set of amendments to the CPR and Practice Directions from 1 October 2014, refer to SI...
ARCHIVED: This Practice Note is no longer maintained and is provided solely for background reference. In addition, some links may not lead to the provisions as they stood when the guidance in this Practice Note was issued. For details on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Changes to the Civil Procedure Rules ( CPR) take effect on 1 October 2010. This note highlights the key changes. All practice notes affected by these amendments will be updated accordingly in due course. Electronic Disclosure A new Practice Direction 31B will be introduced to set out how practitioners should handle electronic disclosure and to offer guidance to those with limited experience in this field. Its objective is to encourage and assist parties to reach agreement on the disclosure of electronic documents in a...
ARCHIVED This Practice Note is archived, not kept up to date, and provided solely for background reference. Some links may no longer lead to the provisions as they were at the time this guidance was published. For details of earlier and later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Changes to the CPR took effect on 1 October 2009. This note outlines the principal changes. All other practice notes affected by these amendments have been updated. The CPR on service has likewise been revised to reflect and incorporate these changes as at 1 October 2009. Court opening times Court office opening hours are being streamlined across the system. A standard formula will determine when court offices are open during the Christmas and New Year period. Supreme Court Also on 1 October, the new Supreme Court assumed the judicial function previously exercised by the House of...
ARCHIVED : This Practice Note, archived, is no longer maintained and exists for background information only...
ARCHIVED: This Practice Note is archived, not updated, and provided for background information purposes only...
ARCHIVED : This archived Practice Note is not maintained and is for background information purposes only. This Practice Note is archived, not updated, and provided solely for background information purposes only......
ARCHIVED : This Practice Note is archived, not maintained, and is provided solely for background information only. Additionally, certain links might not take you to the provisions as they stood on the date the guidance in this Practice Note was issued......
ARCHIVED : This archived Practice Note is no longer updated and is provided solely for reference. Additionally, some links may not take you to the provisions as they stood on the date the guidance in this Practice Note was originally issued......
ARCHIVED: This archived Practice Note is no longer updated and exists purely for reference only...
ARCHIVED: This Practice Note is an archive, not updated, provided solely for background information purposes...
ARCHIVED: This Practice Note is no longer updated and is provided solely for background reference...
ARCHIVED: This Practice Note is archived, not updated, and is supplied solely for background reference. In addition, some links may no longer point to the provisions as they stood when the guidance in this Practice Note was issued. For details of earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note reviews the Civil Procedure ( Amendment No.2) Rules 2018, SI 2018/479, which introduce amendments to the Civil Procedure Rules ( CPR), setting out changes that come into force on Monday, 7 May 2018. The SI has been approved by the Minister and placed before Parliament. Part 2—jurisdiction of the county court Part 2 is amended to implement new Practice Direction 2E— Jurisdiction of the County Court, which sets out the jurisdiction a legal adviser may exercise in the County Court. The revisions are: in the contents list, after the...
Practice Note The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Any application issued by the court on or after that date is governed by DDSA 2020 and the revised procedures in the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For background, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Applications issued on or before 5 April 2022 continue under the pre‑ DDSA 2020 regime and are unaffected by its commencement or the resulting procedural changes. This Practice Note addresses proceedings issued before 6 April 2022. Consequential legislative updates followed DDSA 2020, including amendments to FPR 2010, Pt 7. To access historic versions of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as they applied to proceedings issued before 6 April 2022, see below. This Practice Note...
Nullity proceedings in relation to civil partnerships This Practice Note outlines nullity proceedings for civil partnerships, distinguishing between void and voidable partnerships. It also sets out when the court is unable to grant a nullity order. The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. While DDSA 2020 reformed the law on divorce, dissolution and (judicial) separation, it left the substance of nullity law untouched. Accordingly, the grounds rendering a marriage or civil partnership void or voidable are unchanged. However, amendments to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, have led to consequential procedural adjustments for nullity applications issued on or after 6 April 2022; matters issued by the court on or before 5 April 2022 continue under the pre- DDSA 2020 regime and are unaffected by those procedural changes. See Practice Note:...
Residual jurisdiction This Practice Note explains the foundations of the courts’ jurisdiction governing proceedings for dissolution and separation orders concerning civil partners, covering both the period prior to 1 January 2021 and from that date onwards, having regard to the effects of the UK’s withdrawal from the EU. It also addresses the position on residual jurisdiction; see: Residual jurisdiction. At precisely 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period, entered into following the UK’s departure from the EU, came to an end. From that point (described in UK law as ‘ IP completion day’), key transitional arrangements ceased and substantial changes took effect across the UK legal regime. These developments have implications for practitioners when determining which courts possess jurisdiction in relation to dissolution and separation orders. For further guidance, see Practice Note: Family proceedings with EU...
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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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