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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
Most recent Practice notes
E& W Brussels I (recast)—application and exclusions This Practice Note reviews Regulation ( EU) 1215/2012, Brussels I (recast), explaining the matters to which it applies and identifying those expressly excluded from its scope. It also sets out the transitional arrangements, international requirements, and clarifies what is meant by civil and commercial matters. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK assumed the status of a third state for the purposes of Regulation ( EU) 1215/2012, Brussels I (recast). Under the transitional provisions in the Withdrawal Agreement between the UK and the EU, the UK continued to be subject to Regulation ( EU) 1215/2012, Brussels I (recast) throughout the implementation period, which commenced on exit day and concluded on IP completion day (ie 31 December 2020, at 11 pm). The position after IP completion day requires...
E& W Brussels I (recast) and proceedings in third states (arts 33 and 34) [ Archived] ARCHIVED: This Practice Note is archived and is not maintained. This Practice Note explores the effect of Regulation ( EU) 1215/2012, Brussels I (recast) where identical or related proceedings are pending before the courts of a non‑ EU Member State (commonly called a third state). The principal provisions engaged are Articles 33 and 34 of Regulation ( EU) 1215/2012, Brussels I (recast). It also discusses how the relevant provisions apply to the UK as a third state following its departure from the EU, subject to the application of transitional provisions in the Withdrawal Agreement. For general guidance on these articles, together with other provisions of the regulation pertinent to third states, see Practice Note: E& W Brussels I...
This Practice Note reviews Article 8 of Regulation ( EU) 1215/2012, Brussels I (recast), and the departures from the default position that a claimant should issue proceedings where the defendant is domiciled. It addresses third parties, counter-claims and rights in rem. It does not include the Article 8(1) provisions on multiple defendants, which are examined in Practice Note: Brussels I (recast)—multiple defendants (art 8). Third parties—art 8(2) Under Article 8(2) of Regulation ( EU) 1215/2012, a person domiciled in a Member State may likewise be sued as a third party—whether on a warranty, a guarantee, or in other third‑party proceedings—before the court seised of the principal claim, save where that claim was brought solely to deprive the court otherwise competent of jurisdiction. This mirrors Article 6(2) of Regulation ( EC) 44/2001, Brussels I. Article 8(2) applies where a defendant seeks to join a third party for...
E& W Brussels I (recast)—tort and delict claims (art 7(2)) [ Archived] ARCHIVED : This Practice Note has been archived and is not maintained. It outlines how tort and delict claims are handled under Article 7(2) of Regulation ( EU) 1215/2021, Brussels I (recast). It also examines the scope of tort and delict claims within Article 7(2) of Regulation 1215/2012, Brussels I (recast). The Note explains the approach to interpreting Article 7(2); a key element of that analysis is identifying the place where the harmful event happens in order to decide which court may assume jurisdiction. Core principles are described, alongside illustrative examples covering various categories of claim. The guidance is intended to assist jurisdictional assessments across differing factual situations. The Practice Note further addresses situations involving co-defendants, and the pursuit of a declaration that a party bears no liability in tort or delict. For...
This Practice Note examines the necessity of a harmful event in order to confer special jurisdiction on a court under Article 7(2) of Regulation 1215/2012, Brussels I (recast). It also explores what amounts to a harmful event for specific types of claims, including economic loss, damaged or defective goods, personal injury claims, intellectual property claims, actions for inducing breach of contract, as well as other categories of claim. For guidance: on the general principles that apply when dealing with tort and delict claims under the regulation, see Practice Note: Brussels I (recast)—tort and delict claims (art 7(2)) when dealing with contract claims under the regulation, see Practice Note: Brussels I (recast)—contract claims ( Art 7(1)) Authorities When construing and applying the wording in Article 7(2) of Regulation ( EU) 1215/2012, Brussels I (recast), authorities decided under the same or equivalent provisions in either...
This Practice Note examines the point at which a court becomes seised of proceedings under Article 32 of Regulation ( EU) 1215/2012, Brussels I (recast). Identifying the court that is first seised is essential to the functioning of Articles 29–31 of Regulation ( EU) 1215/2012, Brussels I (recast), which address the prevention and management of concurrent proceedings. Text of article 32 Article 32 of Regulation ( EU) 1215/2012, Brussels I (recast) restates the earlier provision found in Article 30 of Regulation ( EC) 44/2001, Brussels I, while also giving further clarification. The opening of Article 32 in the recast mirrors the wording of its predecessor provision and maintains the same starting point for determining when a court is seised: ‘1......
E& W Brussels I (recast)—choice of court agreements (art 25) [ Archived] ARCHIVED: This Practice Note is archived and not maintained. It sets out the framework for choice of court agreements under Article 25 of Regulation ( EU) 1215/2012, Brussels I (recast). It addresses: derogation from the default jurisdiction regime situations where Article 25 of Regulation ( EU) 1215/2012, Brussels I (recast) is not engaged whether hybrid jurisdiction clauses are encompassed the impact on parties outside the EU the conditions for a valid choice of court agreement the nature of the hearing and the standard of proof required The Note also considers the operation of Article 25 in relation to the UK as a non‑ EU Member State (commonly referred to as a third state) after its withdrawal from the EU, subject to the...
E& W Brussels I (recast)—impact on arbitration [ Archived] ARCHIVED: This Practice Note is archived and is not maintained. The Note explores the effect on arbitration of the provisions in Regulation ( EU) 1215/2012, Brussels I (recast), in particular Article 1(2)(d) and Recital (12). After setting out the text of Recital (12), the Note analyses how these provisions differ from those previously contained in the predecessor instrument, Regulation ( EC) 44/2001, Brussels I. It then offers a number of worked examples to illustrate the practical consequences of these revisions when addressing a range of situations that feature an arbitration, for ease of reference. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state for the purposes of Regulation ( EU) 1215/2012, Brussels I (recast). Under the transitional arrangements in the Withdrawal Agreement between the UK and the EU, the UK...
ARCHIVED: This Practice Note has been archived as it explains the changes to CPR 6 when Regulation ( EU) 1215/2012, Brussels I (recast) came into force in 2015. This Practice Note refers to the following: It outlines how the CPR expressly labels the EU regulations mentioned. Regulation ( EC) 44/2001, Brussels I. Under the CPR, this is described as the 'previous Judgments Regulation'. Regulation ( EU) 1215/2012, Brussels I (recast). Under the CPR, this is described as the ' Judgments Regulation'. Regulation definition For service-related provisions, the CPR’s definition of the Judgments Regulation was altered from: ‘the Judgments Regulation’ means Council Regulation ( EC) No......
This Practice Note examines Regulation ( EU) 1215/2012, Brussels I (recast), and how it operates in relation to recently acceded EU Member States and to non- EU Member States (third states). It additionally addresses the scope of the regulation—namely civil and commercial matters—and explains the implications of that scope, together with the particular subjects excluded from the regulation’s ambit. It further considers the international requirement. The Note therefore clarifies coverage, boundaries, and the cross-border element in detail. Its focus remains strictly on matters governed by the Regulation alone. New EU Member States Where a state joins the European Union, actions can be initiated post-accession even if the underlying legal relationship pre-dates accession. In Pula Parking v Tederahn (2017), the Court of Justice confirmed that Brussels I (recast) governs in those circumstances. There, a parking penalty was imposed in Croatia before its 2013 EU...
E& W Brussels I—enforcement of judgments [ Archived] Archived: This Practice Note has been archived and is not maintained. It offers guidance on enforcing a judgment in the courts of England and Wales under Regulation ( EC) 44/2001 ( Brussels I). A judgment can be recognised and enforced under this regime only where proceedings were commenced before 10 January 2015. If this Practice Note is not applicable, see Which regime applies to enforce a foreign judgment?—checklist for assistance in identifying the correct enforcement regime. This Note explains the application of Regulation ( EC) 44/2001, Brussels I, when enforcing judgments involving EU Member States. It outlines the general enforcement rules and the enforcement procedure—obtaining a declaration of enforceability—and includes how to appeal a declaration of enforceability. It also describes the process for enforcing an EU judgment in England and Wales that requires a...
ARCHIVED This Practice Note outlines the application of Brussels I. It details transitional arrangements, international requirements, and the scope of civil and commercial matters. It also describes what the Regulation excludes and how to approach state immunity. Note: from 10 January 2015, Regulation ( EC) 44/2001 ( Brussels I) was repealed in its entirety and replaced by Brussels I (recast). Transitional provisions nevertheless apply. For guidance on those measures, and to determine whether Brussels I provisions still govern the matter you are handling, see Practice Note: E& W Brussels I (recast)—application and exclusions. In this Practice Note, Council Regulation ( EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is termed Brussels I. It is also called the Judgments Regulation. Transitional arrangements For enforcement matters, Article 66 of Regulation ( EC) 44/2001, Brussels I, concerning...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note outlines the approach to identifying court jurisdiction for proceedings issued in the courts of England and Wales on or before 31 December 2020 at 11 pm that involve Gibraltar, Aruba (an overseas territory of the Netherlands) and the French overseas territories. For proceedings concerning these territories begun after that date, whether the courts of England and Wales have jurisdiction is determined under CPR 6 and the common law. That assessment is undertaken either when asking the court for permission to serve the claim form outside the jurisdiction, or where the defendant challenges the court’s jurisdiction. For guidance, see the following Practice Notes: Cross-border service—is permission required to serve a defendant who is outside England and Wales? Determining whether the courts of England and Wales have...
Meaning of brownfield land A brownfield site is land that has been built on before and could be reused, enlarged or redeveloped. It usually comprises vacant, derelict or under‑utilised industrial and commercial areas. Redevelopment may encounter theoretical or actual environmental constraints. Most commonly these stem from contamination arising from historic activities, though other constraints can include invasive plant species, flooding and archaeology. What is the National Quality Mark Scheme? The National Quality Mark Scheme ( NQMS) for Land Contamination Management, introduced in 2017 by the National Brownfield Forum (formerly the Land Forum), provides a clear identifier for documents that have been quality‑checked by a Suitably Qualified Person ( SQP). Its purpose is to enhance confidence and improve the quality of submissions under regulatory processes, particularly planning applications, relating to brownfield land. It is recommended to view the map of local authorities that reference the...
This Practice Note has been prepared in association with Josephine Howe, partner, and Grace Gao, counsel, both at Ogier. Key points Individuals who are not domiciled in the British Virgin Islands ( BVI), but who personally hold assets located in the BVI, may adopt a separate Will governed by BVI law to deal with those assets and to ease the subsequent probate process. Under BVI law, the law governing both the formal validity and the essential or material validity of a Will made by a person domiciled elsewhere turns on the nature of the property. For immovable property in the BVI, the lex situs applies, meaning BVI law. For movable property, such as cash in bank, shares in BVI companies or an interest in a BVI partnership, the applicable law is that of the deceased’s last domicile......
Loan market and developments This section offers a concise overview of the present condition of the loan markets in this jurisdiction and highlights any significant recent developments. The British Virgin Islands ( BVI) does not maintain a domestic commercial lending market; financing relevant to this guide is ordinarily extended by lenders outside the BVI. In practice, a BVI borrower sources funding from major financial centres worldwide and typically draws and operates its facilities beyond the territory. At present, most lending seen in the jurisdiction originates from European, Asian and North American institutions. Historically, balance sheet lending and asset finance have been the dominant segments for the BVI, while shifting global conditions have also driven a notable rise in restructurings and work-outs......
Good character requirement Pursuant to section 6(1) of the British Nationality Act 1981 ( BNA 1981) and Sch 1, para 1(1)(b), anyone seeking naturalisation as a British citizen is required to be of good character. This good character test equally covers applicants aged ten or above who seek registration as British citizens. That said, the good character rule does not apply to several categories of applications, notably those brought under: the statelessness routes in BNA 1981, Sch 2 BNA 1981, section 4B, for an eligible individual with no nationality other than as a British Overseas citizen, British subject under BNA 1981, British protected person, or British National ( Overseas) BNA 1981, section 4C, for an eligible person born between 1961 and 1983 BNA 1981, sections 4G–4I, for an eligible person who could not previously obtain citizenship because their natural father was not...
This Practice Note gives a concise overview of key health and safety regulations, listed alphabetically, that currently apply in England and Wales. Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 ( SI 2009/1348) govern the transport of dangerous goods: by road by rail by inland waterway, but only as regards the training and examination arrangements for safety advisers, and the related issue and renewal of vocational training certificates Construction ( Design and Management) Regulations 2015 The Construction ( Design and Management) Regulations 2015 ( SI 2015/51) regulate the management of health, safety and welfare during construction work. They impose duties on clients, designers, contractors and workers across all projects. The term ‘construction work’ is very broad, capturing many minor repair and maintenance tasks within the...
This Practice Note explores why you need to grasp the commercial language and the practical steps you can take to close the communication gap. It covers: why is there a language gap? why do you need to learn the commercial language? what colour is the sky in your commercial colleagues’ world? why are you different? Why is there a language gap? Commercial teams within companies have been known to say, ‘they just don’t get us’ when referring to their legal counterparts. That sense of irritation often reduces to one core issue—the legal function’s inability to speak the business’s commercial tongue. Lawyers are trained to use a different vocabulary: ‘indemnity’, ‘breach’, ‘recourse’, ‘liability’, and so on. For them it is instinctive. To non-lawyers, though, this can feel like dense legal jargon—an immediate turn-off. The organisation’s commercial patter is distinct as well, and can be...
Bribery Act 2010—territorial application The Bribery Act 2010 ( BA 2010) permits a selection of forum where elements of an offence arise within one or more parts of the UK and/or where the unlawful conduct occurs outside the UK, although in some instances this hinges on a close UK nexus. For further detail, see Practice Note: Jurisdiction in respect of allegations of bribery. In outline, the territorial reach for prosecuting offences is defined by BA 2010, s 12. Alleged offences under BA 2010, ss 1, 2 and 6 are to be tried in England and Wales, Scotland, or Northern Ireland, according to whether any act or omission constituting a component of the offence takes place in that jurisdiction ( BA 2010, s 12(1)). Where the bribery happens overseas and no act or omission occurs within the UK, but the individual who performed the bribe is...
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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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