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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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How to serve a landlord’s certificate (and former landlord’s certificate) This ‘how to’ guide looks at serving a landlord’s certificate (and a former landlord’s certificate) under the Building Safety Act 2022 ( BSA 2022), covering service deadlines together with the required form, content and acceptable methods of service. A landlord’s certificate supplies the leaseholder with details of the landlord’s net worth and the degree to which the landlord was responsible for identified fire safety defects. This allows the leaseholder to determine whether the landlord is barred from recovering the cost of remedying the defect through the service charge by virtue of: BSA 2022, Schedule 8, paragraph 2 (the para 2 responsibility condition)—ie the landlord was responsible for the defect or was associated with the person responsible—see Practice Note: Building Safety Act 2022—landlord and tenant issues— Circumstances where no service charge is payable for...
How to serve a landlord’s first notice and further notice for a leaseholder deed of certificate ( LDC) under the Building Safety Act 2022 ( BSA 2022) This guide outlines serving a landlord’s first and subsequent notice for a leaseholder deed of certificate under the BSA 2022. It sets out required form, service, and key deadlines. For guidance on serving an LDC, see Practice Note: How to serve a Building Safety Act 2022 leaseholder deed of certificate. Under BSA 2022, section 119(2), a lease is a ‘qualifying lease’ only if conditions in section 119(2)(a)—(d) are met. Conditions (a)—(c) are straightforward: broadly, it is a long lease of a dwelling (more than 21 years), the tenant is liable to pay a service charge, and the lease was granted before 14 February 2022 — see Practice Note: Building Safety Act 2022—landlord and tenant issues —...
This Practice Note is aimed at law firms. It looks at how you can raise your people’s financial awareness so they are both more willing and better able to help you meet your financial targets. Financial awareness—why it should matter to fee earners? It is unsustainable to have capable fee earners who deliver excellent client service yet generate no profit from their work. To produce healthy margins, your fee earners must know the law and be attentive to every client’s needs, but these abilities on their own do not secure profit. Lawyers who grasp how a firm’s finances operate can satisfy clients’ expectations while simultaneously producing strong profits for the practice. In turn, the firm can reinvest in its people and its clients, fuelling even greater profitability. Fee earners with a commercial mindset are also more likely to give clients sound commercial guidance, not just advice that is...
This Practice Note explores how to unlock emotional intelligence ( EI) within an in-house legal team to build self-awareness, motivation, empathy and leadership success. It centres on the essentials of leadership, strengthening social skills, and drawing on both the team’s shared and individual strengths. Why does emotional intelligence matter? There is a growing body of evidence that leaders with higher EI are more likely to thrive. Although qualities that are simpler to measure (such as intelligence quotient— IQ) can shape early career outcomes, you are more likely to excel as a leader if you can inspire and influence people around you. In a 1998 review of 181 competency models, Daniel Goleman reported that as many as 67% of the abilities regarded as crucial for managers’ effective performance were emotional (interpersonal) competencies. Common EI-related reasons executives’ careers stall include: failing to relate well to others being...
This Practice Note provides practical guidance and pointers for in-house lawyers on how to cultivate, build and enhance relationships with individuals within the business. Understanding the pressures which they are under Whether you prefer to describe those you work with as your ‘clients’ or ‘business colleagues’, the first step in building a relationship is to view matters from their perspective and appreciate their viewpoint. time pressures and demanding deadlines targets relating to sales, profits and costs corporate governance obligations a competitive market landscape regulatory demands the introduction of new processes or procedures limited experience within the role, sector or industry The commercial environment is unforgiving. If we fail to recognise and understand the pressures our business colleagues face, or neglect to work with them in ways that help to ease them, all sides may end up exasperated or demoralised, which, in turn, does not foster strong relationships or the perception of you as an...
What used to be called ‘training’ is now more commonly known as ‘learning and development’ ( L& D), recognising that people learn in many ways and not merely by going on courses. This reflects that learning happens in numerous formats and settings, not just through classes. L& D spans structured and self-directed activity too. L& D represents any chance to learn within the firm. It includes, though is not restricted to: attending training courses completing online tutorials viewing webinars on-the-job coaching mentoring reading carrying out research Regulatory requirements The Solicitors Regulation Authority ( SRA) obliges solicitors and registered lawyers to keep their competence to perform their role. For details on the SRA’s continuing competence regime, see Practice Note: The continuing competence regime. Firms that hold, or are working towards, Lexcel — the Law Society’s voluntary practice...
Practice Note This Practice Note serves as a guide to negotiations, examining frequent design-related matters that surface when drafting and settling building contracts. It reviews clauses typically put forward during contract talks, the difficulties that employer-inserted provisions in a draft building contract may create for the contractor, and the ways in which the contractor will usually answer them. It further explores how the parties, to secure agreement of the building contract, might address these design issues and, where feasible, arrive at a middle ground that both find acceptable. This Practice Note is not tied to any single form of building contract; the draft agreement in which these points may emerge could be a standard form with a schedule of amendments, or a bespoke contract form. It considers provisions commonly proposed when negotiating a building contract, the problems such...
In a high-performance culture, people are deeply engaged, energised and aligned with the firm’s aims. This culture lifts client satisfaction and overall firm performance. In a highly competitive job market, it helps you attract and retain top talent. What is a high-performance culture? It is an organisational environment that puts excellence, engagement and continuous improvement first. It aligns individual and team values and goals with those of the firm, enabling the firm to exceed client and business objectives. a clear vision and set of values shared and understood across the firm engaged, empowered people who take ownership of their roles an environment that encourages continuous learning for individuals and teams accountability and recognition that reward the required behaviours and performance, address gaps and hold everyone fairly to account Culture is set from the top. Whatever the mission and values say, people look to...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 gained Royal Assent on 27 October 2025. For advice on how the Act affects residential tenancies in England, consult Practice Note: Renters’ Rights Act 2025—key provisions. STOP PRESS: A revised edition of the National Planning Policy Framework ( NPPF) was issued on 12 December 2024......
Over the past twenty years, build to rent offerings have expanded across the UK, most visibly in large metropolitan centres such as London. Professionally operated and held by institutional investors, its rise reflects comparable developments in countries including Germany and the USA. It is now regarded as a separate asset class within the private rented sector and is defined in the National Planning Policy Framework glossary, simplifying its consideration within the planning system. This Practice Note sets out: the nature of build to rent transactions and how they diverge from conventional residential development finance the typical financing structures used for build to rent the principal points to address when documenting build to rent transactions the applicable regulatory and planning matters the key legislation influencing the sector What is build to rent? ‘ Build to rent’ describes schemes where homes are delivered specifically for the long-term rental market. In real estate...
CASE HUB ARCHIVED – this case hub reflects the position at the judgment date of 17 February 2014; it is no longer updated. For further information, see timetable, commentary and related cases Case facts Outline British Telecom appealed, with the support of the Office of Communication ( Ofcom), to the Court of Appeal against the Competition Appeal Tribunal ( CAT) judgment which had held Ofcom’s decision imposing a wholesale must-offer duty on British Sky Broadcasting was unjustified and ordered it to be quashed. On 17 February 2014, the Court of Appeal concluded that Ofcom acted lawfully in directing BSky B to supply its channels wholesale to rival providers, and found that the CAT made an error of law by failing to properly determine issues that were before it on appeal......
ARCHIVED This Practice Note is archived and not maintained. It is designed to outline the principal changes introduced by the recast of Brussels I and to describe the transitional arrangements so you can decide whether the new provisions apply to the matter you are handling. It was produced in January 2015 and will not be updated. The links in Related Documents are to maintained documents and give the up to date position. Transitional arrangements Under art 66, Brussels I (recast) applies only where the relevant events occur on or after 10 January 2015. Those events are: legal proceedings have been commenced authentic documents have been prepared or registered court settlements have been approved or concluded Warning Art 80 states that Brussels I (recast) repeals Brussels I. However, art 66 makes clear that, despite that provision, Brussels I continues to apply to judgments in...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note outlines the provisions in Article 24 of Regulation ( EC) 44/2001, Brussels I concerning submission to the court’s jurisdiction. It examines the degree to which submission may occur and the constraints on the operation of Article 24 of Regulation ( EC) 44/2001, Brussels I. It also examines the circumstances in which there is no submission to jurisdiction, as set out in Article 26 of Regulation ( EC) 44/2001, Brussels I. Where a defendant fails to enter an appearance, the court may stay the proceedings. That scenario is assessed together with the practical considerations that arise when deciding whether to order a stay on the basis that the defendant lacked adequate information to enter an appearance. The prerequisites for the application of these two articles are discussed, with...
ARCHIVED: This Practice Note is no longer current and has been archived. Domicile—the general rule This note reviews the core principle in Article 2 of Regulation ( EC) No 44/2001 ( Brussels I): a defendant domiciled in an EU Member State must be pursued in the courts of that Member State, irrespective of nationality. It also addresses Article 4 of Brussels I, which deals with the position where a defendant is not domiciled within an EU Member State. In addition, it outlines the English law approach to assessing whether individuals, companies and trusts are domiciled in the UK. Note: from 10 January 2015, Regulation ( EC) No 44/2001 ( Brussels I) was repealed in full and superseded by Regulation ( EU) No 1215/2012 ( Brussels I recast). Transitional provisions apply. For guidance on those provisions and whether the original Brussels I rules still govern the matter at hand, see...
ARCHIVED This Practice Note explores when a court becomes seised of a case for the purposes of article 30 of Regulation ( EC) 44/2001, Brussels I. Determining precisely which court is first seised is central to the functioning of articles 27 and 28 of Regulation ( EC) 44/2001, Brussels I, which address avoiding and managing parallel proceedings within the Brussels I framework. Note: as of 10 January 2015 Brussels I was wholly repealed and superseded by Brussels I (recast). Nonetheless, transitional arrangements have been implemented and continue to operate. For guidance on those arrangements, and on whether Brussels I still governs the issue you are handling, consult Practice Note: E& W Brussels I (recast)—application and exclusions. Text of article 30 Article 30 states as follows below: '1....
ARCHIVED : This Practice Note is archived and no longer maintained. It examines the requirements in Article 23 of Regulation ( EC) 44/2001, Brussels I that must be met to demonstrate to the court an effective choice of court agreement between the parties. It also summarises the stance taken by the European Court on such agreements. For general guidance on choice of court agreements and Regulation ( EC) 44/2001, Brussels I, see Practice Note: Brussels I—choice of court agreements (art 23). Note: since 10 January 2015, Regulation ( EC) 44/2001, Brussels I has been repealed in full and replaced by Brussels I (recast). However, transitional arrangements apply. For details of those arrangements and whether Brussels I provisions still govern the matter you are handling, see Practice Note: E& W Brussels I...
ARCHIVED : This Practice Note is archived and no longer maintained. It addresses the exclusive jurisdiction rules in Regulation ( EC) 44/2001 ( Brussels I), explaining their construction and use. It clarifies the purpose of Article 22 and defines the expression ‘principally concerned’. The discussion also reviews the effect of relevant ECJ judgments together with the Jenard Report. Further topics include declining jurisdiction and the operation of Article 22 in relation to defendants from non‑ Member States. Note: from 10 January 2015, Brussels I was repealed in full and replaced by Brussels I (recast). Transitional measures nevertheless apply. For guidance on those measures, and on whether Brussels I still governs your matter, see Practice Note: E& W Brussels I (recast)—application and exclusions. Tools for interpretation In Berliner, the Court of Appeal identified several aids that practitioners should deploy when interpreting Article 22......
Articles 26 and 28 of Regulation ( EU) 1215/2012, Brussels I (recast) This Practice Note reviews the provisions in Regulation ( EU) 1215/2012, Brussels I (recast) on when a defendant is taken to have submitted to the court’s jurisdiction. Central to this is the requirement that the defendant enters an ‘appearance’, and the Note examines what amounts to an appearance and the associated practical considerations. If no appearance is entered, submission may not arise and the court may stay the proceedings. The Note also addresses the practical issues around whether the defendant has been given adequate information to enable an appearance under Article 28 of Regulation ( EU) 1215/2012, Brussels I (recast). In addition, it considers cases with a UK connection following the UK’s exit from the EU. As a general rule, the Regulation no longer applies to new UK...
ARCHIVED: This Practice Note is archived and is not being maintained. It examines how Regulation ( EU) 1215/2012, Brussels I (recast), applies to disputes that involve non- EU Member States (commonly called third states). It outlines the provisions in that regulation which may govern third-state situations, all of which relate to jurisdiction, and considers the consequences for the UK when applying those provisions after its exit from the EU. Definitions This Practice Note uses the following definitions: European Communities Act 1972 — ECA 1972 European Union ( Withdrawal) Act 2018 — EU( W) A 2018 European Union ( Withdrawal Agreement) Act 2020 — EU( WA) A 2020 exit day — as set out in EU( W) A 2018, s 20, means 31 January 2020 at 11 pm Hague Convention on Choice of Court Agreements concluded on 30 June 2005 at The Hague — the...
E& W Brussels I (recast)—dealing with insurance matters [ Archived] ARCHIVED : This Practice Note is archived and is not being maintained. It assists in identifying which EU Member state’s courts hold jurisdiction to determine an insurance claim. In particular, it examines the amendments in Regulation ( EU) 1215/2012, Brussels I (recast), insofar as they concern insurance. Those provisions are found in Chapter II, Section 3, Articles 10–15 of the Regulation. The Note reviews the basic principle that a defendant is to be sued in the state of their domicile, together with departures from that principle when the insured—treated as the weaker party—is involved. It also surveys the position where the parties are on an equal footing. Further safeguards are discussed where there could otherwise be tacit prorogation of jurisdiction, as well as the effect of an agreed jurisdiction clause in an...
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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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