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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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This Practice Note provides guidance on CE- File electronic filing (also known as e-working/e-filing) in the courts under CPR PD 5C from 1 October 2025. It offers direction on using CE- File and highlights the key materials that explain how the system operates. This Practice Note should be read together with the following: When and where is CE- File applicable?—from 1 October 2025—for details of which courts adopt CE- File electronic working and the proceedings to which it applies Electronic communication and filing of documents by email— CPR PD 5B—for guidance on electronic filing under CPR PD 5B For overarching guidance on lodging documents in civil cases, see Practice Note: Filing documents at court in civil proceedings. Note: To further the principle of open justice in the civil courts, the ‘access to public domain documents’ pilot under CPR PD 51ZH will run in...
Archived: this Practice Note is no longer maintained and is provided for background reference only. In addition, some links may not point to the provisions as they stood on the date this guidance was issued. Note: this Practice Note gives guidance on Chief Master Marsh’s Practice Note dated 8 September 2014 about the CE‑ File introduced in the Chancery Division in London from 1 October 2014 only. Developments since then, including the Rolls Building mandatory e‑working scheme and the February 2016 revised edition of the Chancery Guide, are addressed in other content, including: Electronic working and CE- File—when and where is CE- File applicable? Electronic working and CE- File—how to use CE- File Electronic communication and filing of documents by email— CPR PD 5B Accordingly, the content below is of historical interest only. What is CE File? CE File is the system used to...
What does this Practice Note cover? This Practice Note sets out how the three settlement approaches—auction settlement, cash settlement and physical settlement—work within a credit derivative transaction. It also outlines a fallback settlement mechanism and explains why it might be adopted and the circumstances in which it is used in practice. What are the settlement methods in credit derivative transactions? After a credit derivative transaction has been triggered, the parties will wish to complete settlement so that each receives any sums due to it. The parties may choose which settlement method will govern that transaction from the following options: auction settlement cash settlement, or physical settlement The 2014 ISDA Credit Derivative Definitions (the 2014 Definitions) provide for settlement once the conditions to settlement have been met. For additional detail, see Practice Note: Triggering and settling credit derivatives. Since 2009, auction settlement has become the...
ARCHIVED: This Practice Note is archived and is not maintained. Note: The Construction ( Design and Management) Regulations 2015, SI 2015/51 took effect on 6 April 2015, replacing the Construction ( Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction ( Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [ Archived]. Introduction Across a construction project, the client holds the pivotal position. Usually, the client controls budgets, sets programmes, and exercises significant influence over contractors and other contributors to the scheme. These aspects are fundamental to sound risk control on site. In these Practice Notes, the term ‘client’ is equivalent to ‘ Employer’. The word ‘client’ is used here to aid reference to the Construction ( Design and Management) Regulations 2007, SI 2007/320 (the Regulations). The Regulations recognise the client’s leading part in managing risk, a stance echoed in the...
Under the Construction ( Design and Management) Regulations 2015, where a project involves more than one contractor, the client must appoint a principal designer who is a designer on the scheme and who is placed to direct and coordinate the design and planning of the pre‑construction phase. The principal designer should be appointed at the earliest practicable opportunity, and that appointment is required to be set out in writing. Who is the principal designer? The principal designer can be an organisation or an individual with technical knowledge of the construction industry relevant to the project, and who satisfies the competency requirements set out in regulation 8 of the Regulations. Regulation 8 provides that the principal designer must have the necessary skills, knowledge and experience, and, if an organisation, the organisational capability, to carry out the role in a way that protects the health and safety of any...
For the purposes of the Construction ( Design and Management) Regulations 2015 (the ‘ Regulations’), contractors are the companies and individuals who undertake construction activities and works. Because this is a practical, site-based function, contractors are frequently the people most directly exposed to injury or harm to their health during everyday duties. The Regulations permit contractors to participate in planning, managing and monitoring the construction work as required, as necessary. They sit alongside the overarching duty imposed on employers to secure, so far as is reasonably practicable, the health, safety and welfare of employees and others affected by their undertakings, and on employees to exercise reasonable care for their own health and safety and that of others, as set out in sections 2, 3 and 7 of the Health and Safety at Work etc. Act 1974. Who is a...
ARCHIVED: This Practice Note has been archived and is not maintained. The Construction ( Design and Management) Regulations 2015, SI 2015/51 ( CDM 2015) extend to projects that began after commencement on 6 April 2015, and equally to schemes already under way when CDM 2015 commenced. This Practice Note considers how CDM 2015 operated for projects started before 6 April 2015 and, as a result, fell within the transitional provisions contained in CDM 2015. For broader information on CDM 2015, see Practice Note: Construction ( Design and Management) Regulations 2015. The transitional measures in CDM 2015 provided a six-month window during which specified regulations allowed leeway following commencement. All remaining provisions in CDM 2015 required compliance from 6 April 2015 with no comparable allowance. Duty holders were free to implement CDM 2015 immediately, even where the transitional scheme would otherwise have applied. Those...
Under the Construction ( Design and Management) Regulations 2015 (the ' Regulations'), the health and safety file (the ' File') is required for schemes involving more than one contractor. Regulation 12(5) confirms that the File must be suited to the specific characteristics of the project and include information that is relevant to the scheme and likely to be needed during any future construction work to protect the health and safety of any person. It should be recognised that, while material may assist the current works, the priority is ensuring health and safety during subsequent works. Accordingly, the File's contents must be sufficiently clear and focused so that later construction and maintenance can be undertaken without risking health and safety. When must the health and safety file be produced, and by whom? For projects with more than one contractor, a principal designer must be...
Anyone overseeing operations on site must confirm that conditions are safe and healthy before work starts and while it is getting under way... This Practice Note focuses on the obligations of the main contractor (‘ Principal Contractor’ under the Construction ( Design and Management) Regulations 2015 ( CDM 2015), SI 2015/51), since, particularly during site set-up and establishment, it is usually the main contractor who holds overarching control of the site and its arrangements... Set out below are the principal matters the main contractor should consider carefully... Duty to notify and report Under CDM 2015, a project becomes ‘notifiable’ where the on-site phase is planned to exceed 30 working days with more than 20 workers on site at the same time at any stage up to completion, or where it will surpass 500 person-days... Such ‘notifiable’ schemes must be formally notified to the Health and Safety...
ARCHIVED: This Practice Note is archived and is no longer maintained. Note: On 6 April 2015, the Construction ( Design and Management) Regulations 2015 ( SI 2015/51) took effect, superseding the Construction ( Design and Management) Regulations 2007 ( SI 2007/320). See Practice Notes: Construction ( Design and Management) Regulations 2015 and CDM Regulations 2015—what has changed? [ Archived]. Introduction Throughout a construction project, the CDM co-ordinator can act as the employer’s ‘right hand’. Typically, the co-ordinator is among the earliest appointments a client will make at an early stage of the scheme, and the co-ordinator’s function is to support the client in meeting many of its responsibilities under the Construction ( Design and Management) Regulations 2007, SI 2007/320 (the Regulations). Please note that, in this context, the term ‘client’ is interchangeable with ‘employer’ as used in other practice notes. ‘ Client’ is adopted here to mirror the...
ARCHIVED: This Practice Note is archived and is not maintained. Note: The Construction ( Design and Management) Regulations 2015, SI 2015/51 took effect on 6 April 2015, replacing the Construction ( Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction ( Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [ Archived]. Introduction The Health and Safety File (the ' File') is a document the CDM co-ordinator must compile for every notifiable project. Regulation 20(2)(e) of the Construction ( Design and Management) Regulations 2007, SI 2007/320 (the Regulations) states that the File should include information relevant to the project and likely to be required during any future construction work to protect the health and safety of any person. While the material may relate to the works being undertaken at the time, the focus is on maintaining health and safety during later...
Pre-action investigation and protocol Who brings proceedings under section 6 of the Company Directors Disqualification Act 1986? All proceedings under section 6 of the Company Directors Disqualification Act 1986 ( CDDA 1986) are instituted by the Secretary of State for Business and Trade ( So S), within the Department for Business and Trade. As a matter of practice, the Insolvency Service performs the So S’s functions and duties. Proceedings are commenced either in the So S’s own name or, in compulsory winding up cases, by the official receiver ( OR) acting under the So S’s direction. Each undertakes the same responsibilities, exercising identical functions for these purposes, and, for convenience, any reference to the So S in this Practice Note should be read as including the OR. Also note that directors of dissolved companies that have not been through an insolvency process may likewise be...
This Practice Note examines the planning regime that applies to carbon capture usage and storage ( CCUS) schemes in England and Wales. For a wider survey of CCUS roll-out across UK, including the creation of CCUS commercial models to unlock private capital in the field, see Practice Note: UK CCUS—an overview. For further detail on the non-planning licensing and permitting obligations relevant to CCUS projects in the UK, see Practice Note: Carbon capture usage and storage ( CCUS)— UK permitting requirements. For comprehensive commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook provides in-depth treatment of topics addressed in this Practice Note. For fuller legal analysis and discussion of CCUS, see also the...
Objectives The preamble to the UNCITRAL Model Law on cross-border insolvency (the UNCITRAL Model law on insolvency) sets out the following aims: collaboration between courts and other competent authorities in this state and in foreign jurisdictions handling cross-border insolvency matters increased legal certainty for commerce and investment a fair and efficient conduct of cross-border insolvency proceedings that safeguards the interests of all creditors and other stakeholders, including the debtor protection and maximisation of the value of the debtor’s assets, and support for rescuing financially distressed businesses, thereby safeguarding investment and preserving employment It is designed to accommodate differences among countries and does not attempt to harmonise laws, so it concentrates on procedure rather than substance. It soon became clear that trying to harmonise the varied insolvency laws worldwide would be unrealistic, so substantive rules are left to the enacting state’s...
CASE HUB ARCHIVED — this page captures the position as at the judgment of 11 September 2014 and is no longer updated. For more, see: timeline, commentary, and related/relevant cases Case facts Outline Groupement des Cartes Bancaires ( CB) appealed the General Court’s judgment, which had upheld the Commission’s decision of 10 October 2007. That decision found that CB’s fees and tariffs curtailed competition by deterring new entrants from issuing payment cards in France. CB asked the Court to annul the General Court’s ruling, arguing that the Commission misapplied the legal notion of a restriction of competition ‘by object’. On 11 September 2014, the Court of Justice allowed CB’s appeal and quashed the General Court’s judgment, holding that the latter could not legitimately determine that CB’s pricing measures had, in themselves, the object of restricting competition. The judgment is significant for its...
This Practice Note sets out an overview of the Cayman Islands in the context of offshore trusts. For general information on the Cayman Islands, see Practice Note: Private client— Cayman Islands— Q& A guide. Government The Cayman Islands is an autonomous British Overseas Territory, operating as a parliamentary democracy. It has a Governor, appointed by the Government of the United Kingdom. The Islands have their own Constitution, with the latest version taking effect on 6 November 2009, by which a Bill of Rights was brought into force as the ‘cornerstone of democracy’ in the Islands (see paragraph 1(1) of the Bill of Rights ( Laws of the Cayman Islands)). The Constitution was amended in 2016 to, among other things, increase the retirement age for judges of the Grand Court and remove the Governor’s power to exercise disciplinary control over the Chief Justice and the...
For general information about the Cayman Islands, see Practice Note: Private Client— Cayman Islands— Q& A guide for an overview of the jurisdiction. Part VIII of the Trusts Act The Cayman Islands recognises a distinctive form of non-charitable purpose trust known as a ‘ STAR Trust’. The framework enabling STAR Trusts was introduced by the Special Trusts ( Alternative Regime) Act 1997, which is the origin of the ‘ STAR’ acronym. That regime is now set out in Part VIII of the Trusts Act (2021 Revision) (the Trusts Act). This alternative regime was incorporated at Part VIII of the Trusts Act (2021 Revision), referred to here as the Trusts Act. Under section 96(1) of the Trusts Act, a STAR trust can only be established by a written instrument that expressly states Part VIII of the Trusts Act applies. An illustrative clause might read: ‘ It is...
This Practice Note reviews the scope for interim relief available from arbitral tribunals and the Cayman courts under the law of the Cayman Islands. For a concise overview of the jurisdiction’s arbitration framework, including the Arbitration Act 2012 (the Arbitration Act 2012), see Practice Note: Stay of court proceedings and anti‑suit injunctions in support of arbitration in the Cayman Islands—an introduction to the Cayman Islands arbitration regime. Supervision and assistance by the Cayman court in arbitration proceedings The Grand Court may supervise and assist the arbitral process where appropriate, but will step in only where it is strictly necessary to protect the integrity of the arbitration or to promote the ‘fundamental principles’ of arbitration. In the first reasoned judgment delivered under the Arbitration Act 2012, Appalachian Reinsurance ( Bermuda) Ltd v Greenlight Reinsurance, Ltd (5 February 2014) ( Appalachian) (not reported by Lexis Nexis®), the Grand Court...
As outlined in The economic torts—overview, the law provides safeguards for a person’s trade or business against conduct regarded as unacceptable. For guidance on claims concerning: procuring a breach of contract, see Practice Note: The tort of procuring a breach of contract intentional violation of rights in a judgment debt, see Practice Note: The Marex tort (interference with a judgment debt) conspiracy (by both lawful and unlawful means), see Practice Note: Civil conspiracy claims (economic tort) economic duress, see Practice Note: Economic duress—undue influence—tort of intimidation Civil proceedings that feature fraud or dishonesty frequently plead one or more of the economic torts, on which see Practice Note: Civil fraud—causes of action (heads of claim). What is the tort of unlawful interference? The tort of causing loss by unlawful means arises where a defendant interferes with the claimant’s economic interests by unlawful means, with the object and intention of causing the...
This Practice Note explores the need to prove causation when advancing a tort claim, including negligence. It addresses facets of factual causation, such as applying the ‘but for’ test, how to demonstrate it and where it reaches its limits, drawing inferences of causation, the impact of special circumstances and scientific uncertainty; and legal causation, including identifying the effective cause of the loss (eg a third party’s act or omission, or the claimant’s own intervening conduct) and assessing the remoteness of damage to be recovered (foreseeability). For direction on causation within professional negligence, see Practice Note: Causation and remoteness in professional negligence claims and associated guidance. For guidance on causation in personal injury and clinical negligence, see Practice Notes: Causation in personal injury claims Causation and material contribution in clinical negligence claims Causation in tort—when required and what it entails In most torts, a...
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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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