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
This glossary provides every costs term listed in the CPR glossary with an explanation of its use all the terms defined in the glossary of the Senior Courts Costs Office Guide ( SCCO Guide), at pages 9–12 costs budgeting terms with explanations; these terms are currently not included in the CPR glossary Term Definition Senior Courts Costs Office Guide/explanation Appropriate office SCCO Guide—the office in which a request for a detailed assessment hearing should be filed: it is the County Court Office or the District Registry for the court that made the order for costs or, in all other cases, the Senior Court Costs Office ( SCCO). Where the SCCO is the appropriate office for the request, it is also the appropriate office for any request or application made earlier in the detailed assessment proceedings, eg a request for a default costs certificate, a request or...
Section 69 of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013), which amends section 47 of the Health and Safety at Work Act 1974 ( HSWA 1974), brought a significant shift to claims arising from workplace accidents. For incidents on or after 1 October 2013, most claimants can no longer prove liability simply by pointing to a breach of workplace health and safety regulations, even though criminal penalties for breaches still apply. Compensation may now be pursued only where it is established that the employer was at fault or negligent. This case tracker should be read together with Practice Note: Section 69 of the Enterprise and Regulatory Reform Act 2013. Case name and details Jones v Persimmon Homes Ltd [2024] EWHC 2597 ( KB), High Court, 14 October 2024. The claimant relied on duties arising under the Work at Height...
ARCHIVED: This archived Practice Note sets out illustrative and key decisions in civil fraud claims from December 2019 to December 2023. This archived Practice Note collates illustrative and key decisions in civil fraud from December 2019 to December 2023. For developments and examples from 1 January 2024 onwards, see Practice Note: Civil fraud—key and illustrative decisions (2024). Civil fraud disputes often raise a wide range of complex legal questions. While every claim must be assessed on its own facts and legal framework, it is valuable to see how fundamental principles have been applied within their factual settings. Accordingly, this Practice Note highlights a selection of especially illustrative civil fraud decisions. The compilation covers judgments from 13 December 2019 onwards, with earlier important authorities provided elsewhere in the guidance. The list is selective rather than comprehensive: we include only those cases that produce noteworthy points of...
This Practice Note offers direction on how to construe and apply the pertinent provisions of the CPR. The applicable requirements may differ depending on the court dealing with your matter, so you should remain alert to additional provisions—see: Court specific guidance below. Scope of this Practice Note Civil fraud spans a wide array of potential claims, at its core involving allegations of dishonest behaviour. It is a demanding and engaging area of law that English courts and practitioners frequently confront. The courts are well prepared to manage these cases and have jurisdiction to award a variety of remedies that can help parties reach an effective resolution of their disputes. This Practice Note serves as a practical handbook for lawyers acting for claimants in civil fraud proceedings. Because civil fraud embraces numerous causes and may emerge across a host of different contexts, this Practice Note does not aim to...
This Practice Note compares the key characteristics of pursuing a fraud claim either by way of a civil claim or a private criminal prosecution, including identifying the contrasts between the two procedures. It contrasts civil proceedings with a privately brought criminal case for fraud and addresses: jurisdiction limitation publicity and media interest control of the litigation and decision making the duration of the proceedings the choice of charges (criminal) or heads of claim (civil) the standard of proof investigation and evidence gathering pre-action considerations the preservation of assets using urgent and interim orders the privilege against self-incrimination (right to silence) disclosure during the proceedings defences and counterclaims costs non-financial and financial outcomes (prison sentences, damages, confiscation and compensation) enforcement A concise reference for...
ARCHIVED: This archived Horizon scanner reviews recent and upcoming developments of interest to Dispute Resolution ( DR) lawyers as at 3 October 2023 It highlights updates since the 16 August 2023 edition of the Horizon scanner: Dispute Resolution— Horizon scanner— August 2023 [ Archived]... Hot topic— CPR Changes 1 October Sunday 1 October 2023 brought a substantial suite of CPR and practice direction reforms, set out in the following materials: The Civil Procedure ( Amendment No 2) Rules, SI 2023/572—the bulk of amendments relate to the expansion of fixed recoverable costs ( FRC). For details, see: LNB News 25/05/2023 40— Amendments to the Civil Procedure Rules in force on 1 October 2023— The Civil Procedure ( Amendment No 2) Rules SI 2023/572 The Civil Procedure ( Amendment No 3) Rules 2023, SI...
ARCHIVED: This Practice Note is archived and not maintained. This Horizon scanner highlights recent and forthcoming developments of interest to Dispute Resolution ( DR) lawyers as at 12 February 2025. It covers changes since the 29 October 2024 edition of the Horizon scanner: Dispute Resolution— Horizon scanner— October 2024. Hot topic— CPR and PD updates Another tranche of CPR rules and Practice Direction ( PD) changes takes effect on Thursday 13 February and Sunday, 6 April 2025. February PD updates The 180th Practice Direction update applies from 13 February 2025. It revises the Damages Claims Pilot under CPR PD 51ZB ( DCP) and the Online Civil Money Claims Pilot under CPR PD 51R ( OCMC). For the DCP, legal advisers may now consider and determine digital applications made through the DCP where all parties are legally represented, aligning the DCP with the OCMC position for digital...
Complaint proceedings underpin the civil jurisdiction of magistrates’ courts. They are adversarial and, at their inception, were almost indistinguishable from criminal cases, commonly started by an information. Criminal procedure has been revised repeatedly over the years, whereas civil procedure has altered far less. Even so, the kinship means many rules on informations still bear on complaints. enforcement of civil financial liabilities, including council tax, rates and child maintenance appeals against decisions of other bodies, for example licensing decisions or certain decisions of public authorities or regulators police forces seeking civil behaviour orders, such as sexual harm prevention orders, football banning orders and domestic violence protection orders/domestic abuse prevention orders The basis of proceedings on complaint in the magistrates’ court Magistrates’ courts are statutory creations and hold no inherent jurisdiction. Proceedings for an order on complaint are governed by the statute that creates the order and by sections 51–64 of the...
Seized cash can be forfeited in two ways under the Proceeds of Crime Act 2002 ( POCA 2002): court-ordered forfeiture pursuant to POCA 2002, s 298 (by formal order of the court) administrative forfeiture pursuant to POCA 2002, s 297A (without any court order being required) For further details on forfeiture without a court order under POCA 2002, s 297A, see Practice Note: Forfeiture of cash without court order. This Practice Note sets out how to secure the forfeiture of cash under POCA 2002, s 298. For comprehensive guidance on the supporting powers for cash searches, seizure and detention, and operation, consult the following Practice Notes: Cash searches under the Proceeds of Crime Act 2002 Cash seizure and detention Distinct statutory frameworks apply to the forfeiture of monies in bank accounts and to personal property; see Practice Notes: Seizure and...
Destination of appeals—introduction This Practice Note offers guidance on the provisions in CPR 52 and CPR PD 52A, cross‑referencing the applicable destination of appeals order, together with the current iteration of CPR PD 52A and its accompanying tables. The regime governs appeals to the County Court, the High Court, and the Civil Division of the Court of Appeal. It also extends to applications in the High Court or the Court of Appeal seeking permission to appeal to the Supreme Court in contempt cases, and to applications in the Court of Appeal for permission to appeal to the Supreme Court in proceedings that are not contempt related. These provisions do not apply to: appeals in detailed assessment proceedings from decisions of an authorised court officer; appeals to the Supreme Court (save as set out above); appeals where the appeal notice was filed, or permission to appeal granted, before 1...
This Practice Note This Practice Note sets out guidance on the provisions found in CPR 52 and CPR PD 52A. These overarching provisions extend to the following: appeals to the County Court appeals to the High Court appeals to the civil division of the Court of Appeal applications in the High Court for permission to appeal to the Supreme Court in contempt proceedings, and applications in the Court of Appeal for permission to appeal to the Supreme Court ( CPR 52.1(1)) For further details on the scope of this content, see: Civil appeals: general and preliminary considerations—overview. For guidance on appeals to the UK Supreme Court ( UKSC), see: Appeals to the Supreme Court—overview. Alongside the relevant CPR provisions, practitioners must also follow and have regard to any applicable court guide for the division in which the case is proceeding; see Practice Note: Civil appeals—court specific guidance, which includes links to the Court of...
ARCHIVED: This Practice Note has been archived and is no longer maintained. Note: save where an appeal notice was lodged, or permission to appeal was obtained, before 1 October 2012, this Practice Note is provided for historical reference only. The CPR rules and practice directions mentioned here will link to the current provisions rather than those in force before 1 October 2012. For the pre- October 2012 material, refer to the attached PDF documents: CPR 52 (old) CPR PD 52 (old) Venues Where an appeal arises from a county court decision, or from a district judge of the High Court, the CPR specifies the court with jurisdiction to hear it. See CPR PD 52, paragraphs 8.1–8.14. Appeal hearings are ordinarily confined to a review of the lower court’s decision unless: a practice direction states otherwise, or the interests of justice require a...
This Resource Note summarises the principal features of Rule 18 of the City Code on Takeovers and Mergers ( Code). It addresses the basis on which an offeror may, as a condition of accepting an offer, require a shareholder to appoint a proxy to vote in respect of its shares, or to exercise other rights or take other action relating to those shares. It flags relevant materials, commentary and guidance from the Panel on Takeovers and Mergers ( Panel), together with Lexis+® UK analysis and resources, to provide practical guidance on interpreting and applying Rule 18. Materials covered in this Resource Note include: Practice Statements issued by the Panel Executive (the body that undertakes the day-to-day work of takeover supervision and regulation) ( Executive), offering informal guidance on how the Executive typically interprets and applies the Code Panel Statements published by the Panel ( P/ S) and Panel...
This archived Resource Note summarises the principal provisions of the iteration of Rule 31 of The City Code on Takeovers and Mergers (the Code) that applied to firm offers announced before 5 July 2021. It has not been updated since the Code was revised in July 2021. For details of the version of Rule 31 relevant to firm offers announced before 5 July 2021, see Resource Note: Takeover Code— Rule 31— Timing of the offer... Materials covered in this Resource Note include: Practice Statements issued by the Panel Executive (the body responsible for the day‑to‑day supervision and regulation of takeovers) ( Executive), offering informal guidance on the Executive’s usual interpretation and application of the Code Panel Statements ( P/ S) and Panel Instruments published by the Panel Public Consultation Papers ( PCP) and Response Statements ( RS) from the Code...
Resource Note This Resource Note sets out the principal elements of Rule 1 of The City Code on Takeovers and Mergers ( Code), which concerns the obligation on an offeror (or its advisers) to give the offeree board notice in the first instance of a firm intention to make an offer. It flags materials, commentary and guidance issued by the Panel on Takeovers and Mergers ( Panel), together with Lexis+® UK analysis and resources, to provide practical direction on the interpretation and......
To ensure takeovers of listed companies are policed efficiently and impartially, the City Code on Takeovers and Mergers ( Code) prescribes a precise schedule detailing the actions required of the offeror and the offeree as a bid moves from first announcement to the ultimate payment of consideration if it succeeds, and specifies the relevant deadlines throughout. Where a prospective offeror issues a 'no intention to bid' statement, or an offer subsequently lapses, is withdrawn, or otherwise fails, it remains just as vital that all parties have clarity about the conduct permitted and the actions prohibited thereafter. Above all, the offeree should be free to continue running its business without undue doubt or additional disturbance, allowing normal operations......
ARCHIVED This Practice Note is archived and is no longer maintained. This tracker collates and summarises major new and upcoming legislation and consultations in England and Wales concerning circular economy developments connected to product design, ecodesign and ecolabelling. It is organised into the following sections: Legislation - highlighting key forthcoming legislation of interest to environment lawyers in England and Wales, taking effect from 1 January 2023 Open consultations - setting out the current status and latest developments of consultations open from 1 January 2023, or launched earlier but still open as at 1 January 2023, conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales Closed consultations - listing consultations conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales that closed from 1 January 2023 To follow EU...
Meaning of a ‘circular economy’ The Waste and Resources Action Programme ( WRAP) explains that circularity reshapes our throwaway economy into one that cuts out waste, keeps materials in circulation, and embraces nature-positive, low carbon, resource-efficient practices and systems. It is set out as an alternative to the traditional linear economy. The idea recognises the intrinsic value in waste, treating it as a resource rather than something to discard. Returning materials to productive use through re-use, recycling, or recovery operations markedly reduces the environmental burden of resource consumption. The circular economy is inseparable from ecodesign: products must be conceived from the start to remain in use, be repaired, re-used, and, in the end, recycled. Without ecodesign, a circular economy cannot operate in reality. For more on ecodesign, see Practice Note: GB Ecodesign of...
This file offers searchable shortcut links to PDF editions of the Chartered Institute of Building ( CIOB) Time and Cost Management Contract...
Deal Debrief In August 2023, Cimolai Sp A and Luigi Cimolai Holdings Sp A sought approval of a Part 26A restructuring plan ( RP) at a sanction hearing. The principal features are set out below for ease of reference and convenience (capitalised expressions not otherwise defined take the meanings in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For comprehensive in-depth metrics on 2023 RPs and perspectives from prominent figures in restructuring, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]......
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
