Featured documents
Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
Most recent Practice notes
This Practice Note outlines the corporate criminal offence of failing to prevent bribery under section 7 of the Bribery Act 2010 ( BA 2010). It was the first economic crime offence to attach culpability to a company’s failure to stop an offence carried out on its behalf. See Practice Note: Corporate criminal liability. For background on the evolution of corporate criminal liability, see Practice Note: Corporate criminal liability reform—tracker. Corporate criminal liability for bribery—section 7 of the Bribery Act 2010 The failing to prevent bribery offence applies only to relevant commercial organisations ( RCOs), not to individuals. BA 2010 defines RCOs as: bodies incorporated, or partnerships formed, under the law of any part of the UK, that conduct business anywhere, i.e. within the UK or abroad bodies incorporated, or partnerships formed, anywhere that carry on any business in the UK Business includes a trade or...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains the consequences for family law arising from the UK’s departure from the EU (commonly referred to as Brexit) and signposts resources covering both Brexit generally and family law in particular. Outlines statutory instruments affecting family proceedings Provides guidance on retained EU law, termed ‘assimilated law’ from 1 January 2024 From 31 January 2020, the UK ceased to be an EU Member State and no longer took part in the EU’s political institutions or governance structures. Nevertheless, in line with the transitional provisions in Part 4 of the Withdrawal Agreement, exit day initiated an 11‑month implementation period during which, for many purposes, the EU continued to treat the UK as a Member State. See also Practice Notes: Brexit—introduction to the Withdrawal Agreement and What does IP completion day mean for family law? [...
ARCHIVED: This Practice Note has been archived and is not maintained. At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period concluded, following the UK’s exit from the EU. From that moment—termed ‘ IP completion day’ in UK law—core transitional measures ceased and major alterations started to apply across the UK’s legal framework. Set out below is a maintained list and overview of News Analysis articles that explore the effects of the UK’s withdrawal from the EU on the life sciences sector. For broader guidance, see Practice Note: What does IP completion day mean for Life Sciences? [ Archived]. 22 September 2022 — Brexit Bulletin— Retained EU Law ( Revocation and Reform) Bill introduced, LNB News 22/09/2022 78. On 22 September 2022, the government laid before Parliament the Retained EU Law ( Revocation and Reform) Bill 2022....
ARCHIVED: This Practice Note is archived and is no longer maintained or updated. Level of uncertainty Following the UK's withdrawal from the EU on 31 January 2020, and the eleventh-hour trade agreement with the EU, businesses and plan administrators are evaluating how Brexit will influence different elements of share schemes across their organisations and operations. A positive development is that, with the arrival of the employee share scheme exemption under Regulation ( EU) 2017/1129, the Prospectus Regulation, the principal obstacle formerly facing companies offering share incentives has, in practice, fallen away. Nonetheless, several other facets of share plans, and how they are operated, will or could be touched by Brexit. Despite the trade deal, questions persist around financial services, which may affect administrators and other advisers. Some matters demand additional steps, including monitoring internationally mobile staff and making sure social security...
Status of the UK ARCHIVED: This Practice Note is archived and is no longer updated or maintained. From exit day (31 January 2020), the UK ceased to be a member of the EU. Nonetheless, under the Withdrawal Agreement, the UK moved into an implementation period, during which EU law continued to apply; during that time, it remained bound by EU law. Where Brexit SIs refer to exit day, they should generally be construed as referring to IP completion day (the end of the implementation period, defined in clause 39 as 31 December 2020 at 11.00 pm), unless the relevant SI expressly disapplies that reading. For more information, consult News Analyses: Brexit—impact of the Withdrawal Agreement and European Union ( Withdrawal Agreement) Act 2020 for R& I lawyers, and the Brexit Bulletin—key updates, research tips and resources......
On 23 June 2016, the UK held a referendum on its EU membership, and a majority voted for the UK to leave the EU, a process commonly known as Brexit. On 29 March 2017, the UK government issued formal notification under Article 50 of the Treaty on European Union ( TEU) to bring the UK’s EU membership to an end. Negotiations between the UK and the EU concerning the UK’s withdrawal started in June 2017 and ultimately concluded in the Withdrawal Agreement being formally reached, an international treaty given effect in domestic law by the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020). Under the terms of that Agreement, from Exit Day (11 pm on 31 January 2020) the UK then ceased to be an EU Member State. However, in accordance with the transitional...
This archived Practice Note looked at the impact of Brexit on the UK takeover regime. No updates have been made since May 2022. At 11pm ( GMT) on 31 January 2020 (exit day), the United Kingdom departed the European Union pursuant to a ratified Withdrawal Agreement concluded between the UK and the EU. From that moment, the EU treated the UK as a ‘third country’, ie a state that is neither an EU Member State nor part of the European Free Trade Association ( EFTA) at that time. Under the Withdrawal Agreement, during a transition period (known in the UK as the implementation period) after exit day, the UK was bound by existing and new EU law and remained subject to the jurisdiction of the Court of Justice of the European Union. However, it no longer belonged to the EU’s political...
At 11pm UK time on 31 January 2020 (exit day), the United Kingdom departed the European Union pursuant to a Withdrawal Agreement that had been duly ratified by both the UK and the EU. Throughout the implementation period—ending at 11pm UK time on 31 December 2020 and known as ‘ IP completion day’—the parties worked to settle terms for their future relationship. In readiness for Brexit, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) became law, repealing the European Communities Act 1972 ( ECA 1972) on exit day. The European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) was enacted to enable ratification and domestic implementation of the Withdrawal Agreement, and to provide for implementation of the EEA EFTA Separation Agreement and the Swiss Citizens’ Rights Agreement. EU( WA) A 2020 also amends EU( W) A 2018....
Date News Analysis Brief description of News Analysis 9 September 2021 Deadline for filing for UK trade mark or design right approaching LNB News 09/09/2021 100 The cut-off to submit a UK trade mark or design right, while relying on the earlier filing date of EU trade marks and design applications pending before 1 January 2021, is drawing near rapidly. Applicants have until 30 September 2021 to seek registration of the corresponding EU trade mark or design as a UK right, claiming the earlier filing date of the pending right, plus any valid international priority on the pending EU application, together with any recorded UK seniority claims that are attached to that pending EU file. Once submitted, the Intellectual Property Office will regard the pending EU application as a UK filing and assess it in accordance with UK law instead. 6 July 2021 European Commission withholds consent for UK to accede to...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note examines how Brexit affects the service of court papers within the EU when the UK leaves the EU. It reviews the present framework under Regulation ( EC) 1393/2007 (the Service Regulation), outlines the UK and EU stances respectively, and sketches probable scenarios on the basis of information available. It also looks at challenges that could surface on exit and the alternative regimes that might support service of judicial and extra-judicial documents within the EU when seeking to serve parties there. For insight into routes to a deal or no deal outcome, see the House of Commons Exiting the EU Committee report, The progress of the UK’s negotiations on EU withdrawal ( June to September 2018), paragraph [35], which includes a helpful...
ARCHIVED: This Practice Note is archived and is no longer maintained. The transition period created to enable the UK to move away from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. That point in time, referred to in this Practice Note as ‘ IP completion day’, resulted in an immediate and significant shift to the UK’s legal framework. This Practice Note outlines the implications of that shift for agency. How does Brexit impact agency? Agency law Agency law in the UK stems from the common law and, for the most part, was unaffected by IP completion day; see Practice Notes: Nature and types of agency and What does IP completion day mean for contract clauses? [ Archived]. Commercial agency arrangements in the UK are governed by the Commercial Agents ( Council Directive) Regulations 1993, SI 1993/3053 (...
Tax Q& As— Brexit collection [ Archived] Tax Brexit Q& As Does the VAT Directive remain pertinent for UK taxpayers after the Brexit implementation period ends, and in what specific context?......
ARCHIVED: This Practice Note has been archived and is not maintained. For the latest Brexit News Analysis, see: News Analysis— Brexit collection. Public Law Brexit Legal Updates—2019 Q2 Lexis®PSL Public Law has issued news alerts and updates across varied matters linked to the effects of Brexit, presented in the tables below. 2 August 2019 Referendums ( Scotland) Bill—‘interesting, but not decisive’. On 28 May 2019, the Scottish government introduced a Bill establishing the legal basis for referendums within the Scottish Parliament’s competence. It covers all referendums, yet the government’s declared aim is to hold another Scottish independence vote before the next parliamentary session starts in 2021. In the meantime, it is looking for the Bill to be enacted by year-end. Professor Tom Mullen of the University of Glasgow discusses the Bill and how likely it is to result in a second...
ARCHIVED This Practice Note is archived and is no longer maintained. The retired tracker formerly monitored key developments, legislation, guidance, parliamentary briefing notes and other Brexit-related materials relevant to local government lawyers. Organised A– Z by topic, it was designed to offer a straightforward reference point for content concerning the UK’s withdrawal from the EU. Jump to: Children’s Social Care Education Environmental Law Governance Healthcare Judicial review Licensing Public procurement Social care Social housing For the chronology of the Brexit process, see Practice Note: Brexit timeline; to monitor the progress of UK legislation introduced as part of the UK’s exit from the EU, see Practice Note: Brexit legislation tracker. The Brexit legislation tracker includes a Brexit SI database, which compiles details of draft and made statutory instruments expressly identified as ‘ EU Exit...
ARCHIVED: This archived Practice Note outlines the sequence and principal milestones of Brexit, beginning with the referendum on the United Kingdom’s EU membership and running through to the UK’s entry into, and ratification of, a Withdrawal Agreement bringing that membership to a close. It reflects the position on 31 January 2020, is not updated, and is provided solely for background context. On 23 June 2016, the United Kingdom held a vote on EU membership; a majority supported the UK leaving the EU (a choice commonly termed Brexit). For further details, see News Analysis: Brexit: UK Article 50 TEU notification starts the clock—what happens now? On 29 March 2017, Theresa May MP, then the UK Prime Minister, issued formal notice of the UK’s intention to withdraw from the EU (ie to Brexit), thereby triggering the exit procedure under Article 50 of the Treaty on...
What does IP completion day mean for R& I? [ Archived] This Practice Note is archived and is no longer maintained. During the implementation/transitional phase, the principal EU provisions effectively continued for R& I lawyers (see Practice Note: Brexit—impact of the implementation period for R& I lawyers). From IP completion day, however, the position changes markedly as described below. How does Brexit impact R& I? From IP completion day, with no agreement on insolvency matters (despite the trade deal), the key consequence for R& I practitioners is the removal of the principal operative elements of Regulation ( EU) 2015/848 ( OJ L141/19), the Recast Regulation on Insolvency, concerning automatic recognition (see Practice Note: Brexit—impact on Recast Regulation on Insolvency and News Analysis Brexit—a deal that leaves recognition of UK insolvency procedures uncertain and Impact of the EU- UK Trade and Cooperation Agreement on cross border...
ARCHIVED This Practice Note is archived and not kept up to date. Through the implementation/transitional phase, lending lawyers largely carried on as normal (see Practice Note: Brexit—impact on finance transactions [ Archived]— Impact of Brexit on financial services legislation), but from IP completion day the position alters as outlined below... How does Brexit impact B& F? This Practice Note outlines what IP completion day means for each affected topic listed below and signposts fuller materials where you can explore the detail... UK- EU Trade and Co-operation Agreement What is the impact of the UK- EU Trade and Co-operation Agreement? On 24 December 2020, the European Commission and the UK government confirmed agreement in principle on the legal framework for the future UK- EU relationship. UK and EU leaders rapidly endorsed it; it was signed on 30 December 2020 and then passed by the UK Parliament. That said, it will not take full...
ARCHIVED: This Practice Note has been archived and is not maintained. At 11 pm ( GMT) on 31 December 2020, the implementation period ended, concluding the UK’s move away from the EU’s legal frameworks and bodies. From that moment—described here as ‘ IP completion day’—the UK’s legal landscape altered materially. On 24 December 2020, the European Commission and the UK government revealed an agreement in principle on the legal basis for the future UK– EU relationship. Arriving barely a week before IP completion day, the EU– UK Trade and Cooperation Agreement ( TCA), together with related accords, was finalised at the last minute, allowing scant opportunity to establish the legal and practical measures needed to render the deal fully functional. The agreement was executed on 30 December 2020 and secured approval from the UK Parliament (with accompanying implementing...
ARCHIVED: This Practice Note is archived and no longer updated. It outlines modifications to the Civil Procedure Rules arising from the Civil Procedure Rules 1998 ( Amendment) ( EU Exit) Regulations 2019 ( SI 2019/521), and the Civil, Criminal and Family Justice ( Amendment) ( EU Exit) Regulations 2020 ( SI 2020/1493), together with related revisions to relevant practice directions recorded in the Making documents for the 107th, 122nd and 126th practice direction updates. The 126th practice direction update also introduced several minor amendments to the 107th practice direction. These adjustments either ensured, or flowed from, changes to existing EU Exit instruments so as to secure alignment with the Withdrawal Agreement between the EU and the UK. CPR Parts subject to change include: Part 5 Part 6 Part 8 Part 12 Part 13 Part 25 Part 30 Part 31 ...
ARCHIVED : This Practice Note is archived and no longer maintained. It reviews how the settlement rules apply from the UK’s exit from the EU on 31 January 2020 through to the end of the implementation period, which the EU describes as the transition period. It also examines whether that period can be extended, whether the settlement framework in the Mediation Directive 2008/52/ EC and the European Directive 2013/11/ EU on ADR operates during the implementation period, and the position thereafter. For a quick-reference Brexit research aid answering key Brexit questions and offering useful updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note uses a number of definitions: European Union ( Withdrawal) Act 2018— EU( W) A 2018 European Union ( Withdrawal Agreement) Act 2020— EU( WA) A 2020 exit day—defined in EU( W) A 2018, s...
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
