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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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ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note sets out guidance on the implementation period and its impact on EU law and UK legislation drawn from EU measures. It covers: Retained EU law—what it comprises and when it operates. The significance of Court of Justice rulings for UK courts throughout the implementation period. For context on the European institutions cited, see Practice Note: Structure and functions of EU institutions and bodies. For advice on the consequences of the implementation period’s conclusion, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners. Brexit timeline For the latest on the Brexit process and related preparations, see Practice Note: Brexit timeline. Withdrawal Agreement 2020—implementation period The 2020 Withdrawal Agreement between the UK and the EU is dated 24 January 2020 and is available here......
Archived: This Practice Note lists News Analyses, covering the period 2016 to 31 January 2019 (exit day), covering a range of issues concerning the implications of Brexit for dispute resolution ( DR) lawyers. This Practice Note brings together News Analyses spanning 2016 to 31 January 2019 (exit day), examining varied Brexit implications for dispute resolution ( DR) practitioners. For analyses of developments after exit day, see Practice Notes: Dispute Resolution News Analysis— Brexit [ Archived]; Dispute Resolution News Analysis— Brexit (exit day to IP completion day) [ Archived]. For wider context on legal duties and the effects of Brexit, consult the Brexit collection, which signposts Practice Notes, Checklists and Q& As, alongside News Analysis and Legal Updates across multiple practice areas... 2020 up to 31 January 2020 (exit day) Date: 31/01/2020 News Analysis: UK...
Commercial Brexit News Analysis Lexis Nexis® Commercial has issued News Analysis on a range of matters relating to the consequences of Brexit, summarised below. 16 October 2023 — Weekly round-up of HMRC import, export and customs guidance—16 October 2023, LNB News 16/10/2023 19: Details of alterations to HMRC import, export and customs guidance for 10–16 October 2023. 3 October 2023 — Weekly round-up of HMRC import, export and customs guidance—3 October 2023, LNB News 03/10/2023 32: Information on updates to HMRC import, export and customs guidance covering 26 September 2023–3 October 2023. 25 September 2023 — Weekly round-up of HMRC import, export and customs guidance—25 September 2023, LNB News 25/09/2023 32: Notes on changes to HMRC import, export and customs guidance for 20–25 September 2023. 19 September 2023 — Weekly round-up of HMRC import, export and customs...
ARCHIVED : This Practice Note has been archived and is not maintained. It examines the impact of Brexit on contractual boilerplate provisions ahead of IP completion day. For information on the effect of IP completion day on boilerplate clauses, see Practice Note: What does IP completion day mean for contract clauses? The United Kingdom’s departure from the European Union on exit day, the implementation period, and the period thereafter each carry implications for the drafting, negotiation, and enforcement of contracts governed by English law. This Practice Note focuses specifically on the effect of Brexit on boilerplate clauses. ‘ Boilerplate’ refers to those provisions within an agreement that govern its operation and address legal points relevant to most transactions. Such terms are typically found at the beginning and the end of an agreement. Although often viewed as standard or...
Introduction This Practice Note monitors the principal publications and statements made so far on Brexit and the EU Internal Energy Market, as well as Great Britain’s international electricity and gas interconnectors and trading. It also offers a concise assessment of the impact of those materials... On 23 January 2020, the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) was passed, enabling the government to ratify the Withdrawal Agreement and to give effect to its provisions in domestic law... As a consequence of EU( WA) A 2020, the UK remains legally subject to EU law during the transition period set out in the Withdrawal Agreement, running from 11 pm on 31 January 2020 until 11 pm on 31 December 2020 (the Implementation Period). The Implementation Period ends on implementation period completion day ( IP Completion Day)... For a broader schedule of key...
Banking & Finance news— Brexit collection [ Archived] Banking & Finance Brexit News Banking & Finance has shared updates on a range of Brexit-related matters, outlined below. 27 July 2021 — UK accession to Lugano Convention—is the door now closed? In June 2021, Switzerland’s Federal Department of Foreign Affairs received a letter from the European Commission confirming it would not consent to the UK’s application to accede to the 2007 Lugano Convention. Angharad Parry, a barrister at Twenty Essex, explores the implications of these latest developments. 27 July 2021 — A look at UK’s divergence priorities after Brexit Post- Brexit, the UK has targeted regulatory divergence at sectors where it holds a competitive edge. This is especially true in financial services, with the...
Brexit—impact on private M& A transactions [ Archived] ARCHIVED: This archived Practice Note examined the anticipated impact of Brexit in the period before 11pm ( GMT) on 31 December 2020 ( IP completion day) on private M& A transactions, namely the sale and purchase of shares or the business/assets of a private limited company or an unlisted public limited company, carried out under a share purchase agreement ( SPA) or an asset purchase agreement ( APA). For details on how Brexit affected private M& A sale and purchase agreements after IP completion day, see Practice Note: Brexit— IP completion day impact on private M& A sale and purchase agreements [ Archived]. At 11pm UK time on 31 January 2020 (exit day), the United Kingdom left the European Union pursuant to a ratified Withdrawal Agreement between the UK and the EU. The EU now treats the UK as a...
Relevant articles on Brexit for Banking and Financial Services The Lexis+® UK Financial Services team have curated the following Brexit articles, outlined below: December 2020 — Drafting for Brexit in finance documents (2020) 11 JIBFL 727. In this piece, Avril Forbes, a professional support lawyer within Clifford Chance LLP’s banking and finance practice, considers post– IP completion day drafting in finance documents and approaches to references to EU legislation. October 2020 — Regulating European financial markets between crisis and Brexit (2020) JFRC 28(4), 503–514. The article illustrates how the European regulatory architecture for financial markets evolved after the financial crisis and, from this analysis, discusses how it could develop and be adjusted for a post- Brexit financial market. June 2020 — EU recognition of UK CCPs after Brexit: what it means for the “clearing obligation” (2020) 6 JIBFL 389. Written by Tim Aron, a...
ARCHIVED: This Practice Note has been archived and is not maintained. Key publications on possible implications for environmental law It is estimated that over 90% of environmental law stemmed from EU legislation, so Brexit’s impact on this area will be considerable. Multiple government departments, parliamentary committees, advisory bodies and independent parliamentary offices, together with academic institutions and environmental law associations, industry organisations and NGOs, as well as the European Commission, have investigated these potential effects, and this Practice Note points to several of the most important publications. Brexit impact: At 11 pm ( GMT) on 31 December 2020, the transition/implementation period that followed the UK’s withdrawal from the EU came to a close. From that moment—described in UK law as ‘ IP completion day’—principal transitional arrangements ended and substantial changes began to operate across the UK’s legal system. Any updates pertinent to this material will be provided below. For...
ARCHIVED: This archived Practice Note reviews how UK company law and regulation stood at different points in the Brexit process and the potential effects on corporate transactions. It reflects the position as at 31 December 2020 ( IP completion day). It is not maintained and is provided for background purposes only. On 23 June 2016, the United Kingdom held a referendum on EU membership, with a majority voting for the UK to leave the EU (commonly termed Brexit). For more information, see: LNB News 24/06/2016 1. Brexit collection and Practice Note: Brexit timeline. Implementing Brexit To give effect to Brexit, several procedural steps needed to be addressed. Reaching exit day On 29 March 2017, Theresa May MP, then the UK Prime Minister, gave formal notice of the UK's intention to withdraw from the EU (ie to Brexit), initiating the withdrawal process under Article 50 of the Treaty on...
ARCHIVED This Practice Note is archived and is not maintained or updated. It examines how Brexit could affect businesses’ contractual rights and duties for a business, and explores what Brexit means for managing contract risk in advance of IP completion day. For further information and guidance on the impact of IP completion day on contracts and, more generally, on commercial law, see Practice Notes: What does IP completion day mean for contract clauses? and What does IP completion day mean for Commercial? The Note evaluates the effects of Brexit on companies’ contractual rights and obligations and addresses the ramifications of Brexit for contract risk management in practice. It offers practical step-by-step guidance on identifying contractual risk to businesses arising from Brexit and on conducting a Brexit risk-management contract audit and contract review process. See also: Brexit risk management: contract...
This quick guide to the Brexit Bank Recovery and Resolution Directive 2014/59/ EU sets out the UK legislation and retained EU legislation altered or repealed by the Bank Recovery and Resolution and Miscellaneous Provisions ( Amendment) ( EU Exit) Regulations 2018, SI 2018/1394 (the BRRD SI), the Bank Recovery and Resolution ( Amendment) ( EU Exit) Regulations 2020, SI 2020/1350 (the BRRDII SI), and other instruments effective from the end of the implementation period after the UK’s exit from the EU, together with related amendments to Financial Conduct Authority ( FCA) and Prudential Regulation Authority ( PRA) regulatory rules and guidance. It also identifies principal areas where, post-implementation period, the UK has chosen to diverge from the EU bank recovery and resolution framework. For a high-level overview of the position of EU bank recovery and resolution measures in UK law from 1 January 2021, see...
Status of the UK This document has been archived and is not currently being updated. From exit day (31 January 2020), the UK ceased to be a Member State of the EU. Nonetheless, under the Withdrawal Agreement, the UK entered an implementation period and accordingly remained bound by EU law throughout it. In numerous Brexit SIs, mentions of exit day should ordinarily be interpreted as IP completion day (the Implementation Period completion day, defined in clause 39 as 31 December 2020 at 11.00 pm), unless that rule is expressly disapplied by the SI concerned. For more information, consult News Analyses: Brexit—impact of the Withdrawal Agreement and European Union ( Withdrawal Agreement) Act 2020 for R& I lawyers, and Brexit Bulletin—key updates, research tips and resources......
ARCHIVED: This Practice Note is archived and no longer maintained. It outlines the legal consequences for Scotland arising from the UK’s departure from the EU. Notably, these implications stem from the United Kingdom’s devolution arrangements, which allocate legislative and executive authority to the Scottish Parliament and the Scottish Government under the Scotland Act 1998 ( SA 1998), subsequently and progressively expanded—principally to increase legislative and taxation powers—by the Scotland Act 2012 ( SA 2012) and the Scotland Act 2016 ( SA 2016) (collectively, the Scotland Acts). For additional guidance on Brexit, see: Scotland collection. Scotland's constitutional arrangements The starting point remains that Scotland’s status within what is now the United Kingdom of Great Britain and Northern Ireland finds its constitutional basis in the Act of Union between Scotland and England. Although devolution has re-ordered aspects of internal governance, the UK’s character as a single and...
ARCHIVED: This archived Practice Note sets out links to relevant News Analysis on Brexit published by the Pensions team and available in the Brexit collection. It is not maintained and is for background information only. Pensions Brexit News Analysis 14 July 2020 — A compelling framework for jurisdiction post‑ Brexit. The UK has applied to join the 2007 Lugano Convention ( Lugano Convention), the UK’s favoured system for resolving jurisdictional issues and recognising and enforcing judgments with EU states after Brexit. These provisions will be vital when parties decide which jurisdiction clauses to include in their agreements. Oliver Browne, Sebastian Seelmann‑ Eggebert and Thomas Watret, partners and associate at Latham & Watkins LLP, set out what the Lugano Convention covers, update on progress towards accession, and point out notable differences from the current regime. 13...
This quick guide to the Payment Accounts Directive ( Directive 2014/92/ EU) ( PAD) outlines UK legislation and retained EU law relating to requirements modified by the Payment Accounts ( Amendment) ( EU Exit) Regulations 2019, SI 2019/661 (the Payment Accounts Exit Regulations 2019), together with other instruments in force at the end of the implementation period after the UK’s withdrawal from the EU, and related updates to the Financial Conduct Authority’s rules and guidance. The summary below explains Brexit readiness measures and fall-back plans for onshoring EU requirements for payment account providers post‑ Brexit. Overview of onshored and preserved EU-derived law post- IP completion day The Payment Accounts Exit Regulations 2019 sit within HM Treasury’s programme of statutory instruments made under the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) to address ‘no deal’ Brexit...
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s tailored proposals for allocating jurisdiction in disputes will be a central concern for UK practitioners. This Practice Note examines how Brexit will influence the identification of jurisdiction and the interpretation of choice of court agreements on the UK’s exit from the EU. It first explains the present regime under Regulation ( EU) 1215/2012, Brussels I (recast). It then outlines the respective approaches of the UK and the EU and weighs the likely outcomes, so far as the current information permits. The Practice Note highlights issues that may surface when the UK leaves the EU. It also reviews alternative frameworks that may assist with jurisdiction determinations, namely the Hague Convention on Choice of Court Agreements and the Lugano Convention 2007. Finally, it addresses the drafting of a...
ARCHIVED: This Practice Note examines how Brexit is set to affect cross‑border procedures once the UK leaves the EU. It reviews the existing legal framework for such processes under Regulation ( EC) 805/2004, the European regulation for uncontested claims, Regulation ( EC) 1896/2006, the European Payment Order Regulation, and Regulation ( EC) 861/2007, the European Small Claims Procedure Regulation. The Practice Note also outlines the respective stances of the UK and the EU, explores the probable outcomes that could follow the UK’s departure from the EU, and highlights possible alternative regimes that might offer support. For insight into how either a deal or no‑deal scenario might be reached, see the House of Commons Exiting the EU Committee report, The progress of the UK’s negotiations on EU withdrawal ( June to September 2018), which includes at para [35] a helpful...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explores how Brexit may affect the determination and settlement of disputes through mediation or other forms of Alternative Dispute Resolution ( ADR) when the UK leaves the EU. It reviews the current position: the Mediation Directive 2008/52/ EC, implemented in England and Wales by the Cross- Border Mediation ( EU Directive) Regulations 2011, SI 2011/1133; and the relevant ADR directive, European Directive 2013/11/ EU on ADR, which amends Regulation ( EC) 2006/2004 and Directive 2009/22/ EC. That latter directive was transposed into the law of England and Wales by the ADR for Consumer Disputes ( Competent Authorities) Regulations 2015, SI 2015/542. The note then summarises the respective positions of the UK and the EU, considers likely potential outcomes arising on the UK’s exit from the EU, and...
ARCHIVED: This Practice Note has been archived and is not maintained This Practice Note explores how Brexit will affect securing evidence from an EU Member State for deployment in English court proceedings, and supplying evidence for use in cases before an EU Member State court when the UK leaves the EU. It reviews the present position under Regulation ( EC) 1206/2001, the Taking of Evidence Regulation, summarises the respective stances of the UK and the EU, and assesses the likely potential outcomes on the basis of the information available. The Practice Note then looks at potential issues that may arise as the UK exits the EU and at alternative regimes that may assist when seeking to obtain evidence. For insight into how a deal or no‑deal position might be reached, the House of Commons Exiting the EU Committee report, The progress of the UK’s...
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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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