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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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Context Community Infrastructure Levy The Community Infrastructure Levy ( CIL) is a development charge that local planning authorities—appointed as charging authorities under Part 11 of the Planning Act 2008—may impose on development within their jurisdiction. Once an authority opts to levy CIL, it must put in place a charging schedule specifying the rates to be applied. Any planning permission issued, or treated as granted via general permitted development rights, after the charging schedule is adopted becomes subject to CIL, save where one of several exemptions or reliefs is available. This Practice Note focuses solely on the CIL exemptions for minor development, residential annexes and extensions, and self-build housing. For other forms of relief and exemption, see Practice Notes: Community Infrastructure Levy ( CIL)—exemptions and relief for charities; Community Infrastructure Levy ( CIL)—exceptional circumstances relief; and Community Infrastructure Levy ( CIL)—social housing relief. The CIL...
This Practice Note charts the financial services carve-outs from the moratorium provisions and the restrictions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 ( CIGA 2020) into the Insolvency Act 1986 ( IA 1986). For general information on CIGA 2020 and links to further materials, see News Analysis: Corporate Insolvency and Governance Act 2020. Moratorium CIGA 2020 inserts a new Part A1 into IA 1986, establishing a fresh insolvency process under which directors of insolvent companies, or companies likely to become insolvent, may obtain a 20 business day moratorium period. The purpose is in particular to give viable businesses time and breathing space in order to restructure or to seek new investment free from creditor action. An insolvency practitioner serves as the ‘monitor’, overseeing the moratorium, while directors remain in control of the company’s day-to-day running of the business on a...
ARCHIVED: This Practice Note has been archived and is not maintained The coronavirus ( COVID-19) outbreak, together with UK government lockdowns and social distancing requirements, had a deep impact on businesses and the wider economy. On 20 March 2020, the government directed the closure of venues including restaurants, pubs and leisure centres; then, on 23 March 2020, a nationwide lockdown commenced, effectively putting large areas of the private sector into hibernation. Enforced closures endangered the financial stability of many previously healthy companies and, for those already in difficulty, became the decisive breaking point. To soften the economic fallout of coronavirus and keep the economy functioning, the government introduced a suite of measures, ranging from financial support programmes to legislative changes. For more on available financial assistance, refer to Practice Note: Coronavirus ( COVID-19)—summary of government financial support to...
ARCHIVED: This Practice Note is archived and no longer maintained. For the 2020 iteration of the rule, refer to: Incoterms® 2020 Rules— CIF Cost insurance and freight. The ICC publications are reproduced here with the permission of ICC Publishing SA. These and other ICC publications are available from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and www.iccwbo.org. Incoterms® 2010 were superseded by Incoterms® 2020 with effect from 1 January 2020. For the CIF Incoterm in force from 1 January 2020, see Practice Note: Incoterms® 2020 Rules— CIF Cost insurance and freight. CIF (insert named port of destination) Incoterms® 2010 Guidance note This rule applies only to sea carriage or inland waterway transport. Under ‘ Cost, Insurance and Freight’, the seller delivers the goods on board the...
This Practice Note This Practice Note addresses only arbitrations conducted under the CIETAC Arbitration Rules 2024 ( CIETAC Rules). As a general rule, those Rules govern cases accepted by CIETAC on or after 1 January 2024, or where the parties have chosen to adopt them ( CIETAC, art 88). The 2015 rules continue to govern arbitrations accepted by CIETAC from 1 January 2015 to 31 December 2023. The Note concerns international or foreign-related disputes, and matters involving Hong Kong SAR, Macao SAR, or the Taiwan region ( CIETAC, art 3). CIETAC provides distinct regimes for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and for domestic arbitration; neither is addressed here. Separate provisions also apply to arbitrations administered by the CIETAC Hong Kong Arbitration Centre ( CIETAC, art 76), which fall outside the scope of this Note. Among the notable...
This Practice Note This Practice Note addresses solely arbitrations governed by the CIETAC Arbitration Rules 2024 ( CIETAC Rules). As a rule, those Rules apply to cases that CIETAC accepts on or after 1 January 2024, or where the parties have expressly opted for the 2024 CIETAC Arbitration Rules ( CIETAC, art 88). The 2015 rules continue to govern arbitrations that CIETAC accepted from 1 January 2015 to 31 December 2023. This Practice Note concerns international or foreign-related disputes, as well as matters linked to Hong Kong SAR, Macao SAR, or the Taiwan region ( CIETAC, art 3.2). CIETAC provides distinct regimes for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and for domestic arbitration; these fall outside this Practice Note. Arbitrations administered by the CIETAC Hong Kong Arbitration Center are likewise subject to separate provisions ( CIETAC, art 76) and are not...
This Practice Note addresses only arbitrations conducted under the CIETAC Arbitration Rules 2024 ( CIETAC Rules). In general, these govern cases accepted by CIETAC on or after 1 January 2024, or where the parties have expressly chosen the 2024 Rules ( CIETAC, art 88). The 2015 rules continue to apply to arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. The Note concerns international or foreign-related disputes, as well as matters connected to Hong Kong SAR, Macao SAR, or the Taiwan region ( CIETAC, art 3.2). Separate provisions exist for summary arbitration—see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)—and for domestic arbitration; neither is covered here. There are also distinct provisions for cases administered by the CIETAC Hong Kong Arbitration Centre ( CIETAC, art 76), which likewise fall outside the scope of this Note. Under the CIETAC Rules,...
This Practice Note addresses arbitration conducted under the CIETAC Arbitration Rules 2024 ( CIETAC Rules), which, as a general rule, govern arbitrations accepted by CIETAC on or after 1 January 2024, or where the parties have chosen to apply the CIETAC Arbitration Rules 2024 ( CIETAC, art 88). The 2015 arbitration rules continue to apply to all arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. This Practice Note is relevant to international or foreign-related disputes, and to matters connected with Hong Kong SAR, Macao SAR, or the Taiwan region ( CIETAC, art 3.2). CIETAC has distinct provisions for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and for domestic arbitration; these fall outside the scope of this Practice Note. There are also separate provisions for arbitrations by the CIETAC Hong Kong Arbitration Centre ( CIETAC, art 76), which are not...
ARCHIVED: This Practice Note has been archived and is not maintained NOTE: On 5 September 2023, CIETAC unveiled amendments (the Revisions) to its 2015 arbitration rules, prompted by increasing demands for flexibility and efficiency in the digital era and by evolving international arbitration practice, following a revision programme launched in April 2021. Spanning more than 30 provisions, the Revisions address digital case management, stepped arbitration clauses, jurisdiction, arbitrations involving multiple contracts, procedural steps and other complex issues. They will take effect on 1 January 2024 and will apply to all CIETAC arbitrations initiated from that date. CIETAC’s current arbitration rules have applied since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s organisation and remit as set out in the CIETAC Rules 2015. It covers arbitration under the CIETAC Arbitration Rules 2015 ( CIETAC Rules), which...
ARCHIVED: This Practice Note has been archived and is not maintained NOTE: On 5 September 2023, CIETAC announced amendments (the Revisions) to its 2015 arbitration rules, driven by the need for greater flexibility and efficiency in a digital era and by developments in international arbitration practice, following a revision programme begun in April 2021. Spanning more than 30 articles, the Revisions cover digital case management, multi-tiered arbitration agreements, jurisdictional matters, multi-contract arbitrations, procedural issues and other complex topics. The Revisions will take effect on 1 January 2024 and will apply to all CIETAC arbitrations commenced from that date. CIETAC’s current arbitration rules have been in force since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s structure and functions as described in the CIETAC Rules 2015. It addresses arbitration under the CIETAC Arbitration Rules 2015 ( CIETAC...
ARCHIVED: This Practice Note has been archived and is not maintained Please note that on 5 September 2023, CIETAC unveiled amendments (the Revisions) to its 2015 arbitration rules, prompted by the growing demand for flexibility and efficiency in the digital era and developments in international arbitration practice, following a revision programme launched in April 2021. Spanning over 30 provisions, the Revisions cover digital case management, stepped arbitration agreements, jurisdiction, arbitrations involving multiple contracts, procedural matters and other complex issues. The Revisions will come into force on 1 January 2024 and will apply to all CIETAC arbitrations begun from that date. CIETAC’s current arbitration rules have been in effect since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it currently mirrors CIETAC’s structure and functions as outlined in the CIETAC Rules 2015. This Practice Note addresses arbitration under the CIETAC...
The most prominent Chinese arbitral body is the China International Economic Trade Arbitration Commission ( CIETAC), established in 1954 to bolster China’s expanding trade and economic ties with other nations, and it endured the Cultural Revolution, continuing to operate. Today, CIETAC ranks among the world’s foremost commercial arbitration centres, administering a very considerable caseload. Chinese parties tend to favour arbitration as the vehicle for resolving commercial disputes, particularly those arising out of international commercial transactions. Amid China’s current extensive outward investment, Chinese parties participate in international arbitration across all leading global centres. Nevertheless, wherever they can, they prefer to arbitrate at home, so foreign parties should understand clearly what to expect when confronted with an arbitration before a tribunal in China. An introduction to arbitration in China Two significant and enduring characteristics of arbitration in China stem from its historical evolution. The first concerns the clear divide...
This Practice Note explores why and how collecting intelligence on prospective arbitrators is useful, and the purpose and value of doing so. It outlines the sorts of queries one might put to prospective nominees and explains the channels for assembling such material, including arbitration questionnaires and repositories that aggregate data on arbitrators. It sets out what to ask and how to ask it, from structured questionnaires to resources that collate profiles. It also addresses downsides—like confirmation bias—that can flow from employing pre-appointment questioning. The information gap in appointing arbitrators Arbitration conducted within tight sectoral circles or localities, and specific regions, has benefits. Participants know the pool of arbitrators. Most have a feel for their case-handling styles, the factors they find persuasive, and the arguments that resonate. Yet, as the field has grown, a shortage of information has emerged. Parties may be unfamiliar with...
This Practice Note examines how the principal UK tax considerations arising on the formation, operation and eventual termination of a joint venture may affect the decision to proceed via a contractual arrangement, a joint venture company ( JVCo) or a partnership, and how those tax consequences can shape the preferred structure. For the purposes of this Practice Note, it is assumed that the joint venture participants are UK tax resident corporate entities and that any separate joint venture vehicle established is also UK tax resident. For information on joint ventures with a non‑ UK tax element, see Practice Note: Tax implications of international joint ventures. Types of structure available for a joint venture A joint venture is a commercial arrangement undertaken by two or more independent parties. There are no specific laws, including tax legislation, that apply uniquely to joint ventures, and the...
Introduction Copyright is an IP right that grants an individual the exclusive control over how their original work is copied, disseminated or otherwise dealt with by third parties. The principal statute regulating and setting out copyright in China is the Copyright Law of the People’s Republic of China (the “ Copyright Law”), first officially enacted in 1990 and subsequently formally revised in 2001, 2010 and 2020. What is copyright? Copyright is an IP entitlement that safeguards a person’s exclusive right to reproduce, publish, distribute or sell their original creation. It protects the expression of an idea rather than the idea itself. For copyright to subsist lawfully, a work must be original and capable of reproduction. Broadly speaking, the categories of works that qualify for protection in Europe will similarly qualify in China. Creative outputs, including books, music, sound recordings, plays, films, paintings, sculptures and...
Updated in October 2025 Introduction China, formally the People’s Republic of China ( PRC), became a sovereign nation in 1949 and is governed by a sole political party, the Communist Party of China ( CPC). Covering roughly 9.6 million square kilometres, it is home to more than 1.4 billion people. The country comprises 23 provinces, five autonomous regions, two special administrative regions ( Hong Kong and Macau), and four municipalities under direct central administration ( Beijing, Shanghai, Tianjin and Chongqing). Beijing serves as the capital, and Mandarin is the official language. Ongoing economic and political reforms under the CPC have fostered political stability, economic freedom and legal certainty, positioning China as a top destination for foreign investment and as one of the world’s largest consumer markets. It is the world’s second-largest economy and actively pursues an open stance that promotes...
Updated November 2025 Chile stands as South America’s most economically stable nation and, per the World Bank, qualifies as a ‘high‑income economy’. It also records the region’s top economic freedom rating—22nd globally—according to the 2023 Index of Economic Freedom. This ranking signals its pro‑trade, pro‑investment stance, a clear and transparent regulatory framework, and a robust rule of law, all of which underpin sustained economic dynamism. Legal frameworks for operating in Chile Frameworks for operating in Chile In commercial practice, and under current Chilean legislation—which we outline in the next section—non‑residents have multiple avenues to invest in Chile. As a general principle, there are no restrictions on non‑residents conducting business in Chile or investing in domestic companies. Local law recognises several company forms. Owing to its versatility, the joint stock company ( Sociedad por Acciones ) is commonly preferred; however, the optimal vehicle will reflect investor...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, thereby becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), and it took effect in part on that day. A number of DUAA 2025 provisions, addressing matters such as handling data subject access requests and granting powers to make further regulations, commenced immediately on 19 June 2025. Other elements, including requirements around notices issued by the Information Commissioner and certain facets of law enforcement processing, did not start until 19 August 2025, being two months from the date of Royal Assent. The bulk of DUAA 2025, however, will only commence once regulations, in the form of statutory instruments, are made to bring provisions into force. Parts 5 and 6 of DUAA 2025 introduce amendments to aspects of data protection and e Privacy law in the UK,...
STOP PRESS: On 19 June 2025, Royal Assent was granted to the Data ( Use and Access) Bill, which accordingly became the Data ( Use and Access) Act 2025 ( DUAA 2025), and coming partly into force on the same day. Selected elements of DUAA 2025—covering topics such as replies to data subject access requests, among matters, and the delegation of authority to create additional regulations—took effect straightaway on 19 June 2025, upon the Act’s passage. Further sections, addressing Information Commissioner notices and certain facets of law enforcement processing, commenced on 19 August 2025 (being two months from the date of Royal Assent). Most of DUAA 2025’s measures will not start until further regulations, in the form of statutory instruments, are made, before they can be brought into operation. Parts 5 and 6 modify components of UK data protection and e Privacy law, notably the...
The meaning of key terms in the Immigration Rules in relation to eligibility This Practice Note examines the main terms appearing in the Immigration Rules on eligibility for applications by children under Part 8, paras 296–316F, and within Appendix FM, Family life as a child of a parent with limited leave as a partner or parent. The terms covered include: parent under 18 unmarried, not living independently and not having formed an independent family unit 'present and settled' and 'being admitted for settlement'—these definitions apply solely to applications by children of settled persons under Part 8 of the Immigration Rules and are not cited in Appendix FM Relevant evidence and common pitfalls are addressed in this Practice Note, which should be read alongside the following Practice Notes where relevant: Children applying for indefinite leave under Part 8 and Appendix FM:...
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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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