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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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FORTHCOMING DEVELOPMENT On 18 September 2023, the Pensions ( Extension of Automatic Enrolment) ( No. 2) Bill gained Royal Assent, becoming the Pensions ( Extension of Automatic Enrolment) Act 2023 (the Act), and it was published on 19 September 2023. The Act enables the Secretary of State for Work and Pensions to make regulations to: lower the minimum age at which otherwise eligible staff must be automatically enrolled and re-enrolled by their employers into a pension scheme, remove the Lower Earnings Limit from the qualifying earnings band so that contributions are calculated from the first pound earned, adjust the requirements for the annual review of the qualifying earnings band. Alterations to eligibility for automatic enrolment will be introduced following a consultation on the exact method and timing of implementation. The commencement of section 1 of the Act is set to be ‘on such day or days as...
The auto-enrolment regime requires employers to provide information to: various categories of workers and the trustees (or managers) of relevant schemes, in accordance with the Occupational and Personal Pension Schemes ( Automatic Enrolment) Regulations 2010, SI 2010/772 (the Auto Enrolment Regs) the Pensions Regulator, in line with the Employers' Duties ( Registration and Compliance) Regulations 2010, SI 2010/5 (the Registration Regs) Following consultation, and arising from the decision to extend the joining window, amendments to the auto-enrolment legislation took effect from 1 April 2014 to: move the deadline for disclosing information from one month to six weeks push back the registration deadline with the Pensions Regulator from four months to five months (see Disclosure obligations towards the Pensions Regulator below) where an employer must automatically re-enrol workers every three years, extend the deadline for...
Automated financial product advisers, often called robo-advisers, are software-driven platforms that deliver financial planning with minimal or no human input. They are appearing across the financial services sector, supporting customers in selecting investments, banking products and insurance options... This Practice Note considers the following: Scope and applications of robo-advisers Advantages and disadvantages Risk creation versus risk mitigation Regulatory framework Recent FCA Reviews and Key Findings Legal issues relating to advice provided by robo-advisers Views from the market Next phase of robo-advice Robo-advice is underpinned by artificial intelligence ( AI), creating an opportunity for financial institutions to evolve business models that better meet client needs. Banks recognise that they must organise, analyse and use data effectively to reshape and refine those models. This is AI’s promise: improved client experience, efficient risk management and compliance, and greater...
The quality requirements for hybrid schemes Hybrid schemes deliver both defined benefits and money purchase benefits. Specific rules govern how such schemes meet the auto-enrolment qualifying standards (the quality requirements). These rules reflect the quality benchmarks for defined benefit and money purchase arrangements. For more detail on those defined benefit and money purchase (also called defined contribution) criteria, see Practice Note: Auto-enrolment—what types of scheme may be used? Where a hybrid scheme is mainly administered in the UK, it will meet the quality requirement for a jobholder if it complies with whichever of the following is appropriate: money purchase scheme quality requirements under the Pensions Act 2008, s 20 ( Pen A 2008), subject to any prescribed modifications; defined benefit scheme quality requirements under Pen A 2008, ss 21–23 (the test scheme standard), subject to any prescribed modifications; or a combination of the above where differing scheme...
FORTHCOMING DEVELOPMENT : Section 10 of the Finance Act 2022 will raise the normal minimum pension age ( NMPA) from 55 to 57 with effect from 6 April 2028, except for members of the firefighters, police and armed forces public service pension schemes. The Act also permits members of registered pension schemes to access benefits before 57 where, on or before 4 November 2021, they: already had an unqualified right to take benefits, or were in the course of a substantive transfer to a scheme that provided an unqualified right to a protected pension age under 57 on or before 4 November 2021. To make use of this 2028 protection, the scheme rules must have included, as at 11 February 2021, an unqualified right to take scheme benefits before reaching age 57. For further information, see Practice Note: Increasing the normal minimum pension age ( NMPA) to...
FORTHCOMING DEVELOPMENT : The Pensions ( Extension of Automatic Enrolment) ( No. 2) Bill secured Royal Assent on 18 September 2023, becoming the Pensions ( Extension of Automatic Enrolment) Act 2023 (the Act), and it was published on 19 September 2023. The Act empowers the Secretary of State for Work and Pensions to make regulations to: lower the minimum age at which otherwise eligible workers must be automatically enrolled and re-enrolled by their employers into a pension scheme; remove the Lower Earnings Limit from the qualifying earnings band so that contributions are calculated from the first pound of pay; adjust the requirements for the annual review of the qualifying earnings band. Changes to eligibility for automatic enrolment will be introduced following consultation on the detailed method of implementation and timing. The commencement of section 1 of the Act will be “on such day or days as the...
This Practice Note This Practice Note examines the range of sanctions applied to employers and other parties for breaches of the pensions auto-enrolment regime, alongside the protections available to workers under that regime. It covers automatic unfair dismissal or detriment arising from pensions issues, whistleblowing, and enforcement action. It also addresses settling relevant claims by COT3 or by settlement agreement (formerly described as a compromise agreement). The auto-enrolment framework, created by Part 1 of the Pensions Act 2008 ( Pen A 2008), imposes a statutory obligation on employers to arrange the auto-enrolment of all ‘eligible jobholders’ into a ‘qualifying scheme’. Employers are likewise required to make contributions to that scheme for eligible jobholders. The regime contains a number of provisions that impose penalties on employers and other parties for non-compliance. For additional detail, see Practice Note:...
An employer may delay, by no more than three months, the point at which auto-enrolment duties would otherwise take effect for an eligible jobholder. The date selected for this delay is referred to as the 'deferral date'. Deferring the auto-enrolment date effectively creates a waiting period for membership. The choice to postpone auto-enrolment remains optional for the employer. Where an employer opts to apply postponement, it must issue a notice to the affected workers, known as a 'postponement notice'. The Pensions Regulator provides guidance to assist employers wishing to use postponement and also supplies a template letter that employers can use for the postponement notice......
FORTHCOMING DEVELOPMENT : The Pensions ( Extension of Automatic Enrolment) ( No. 2) Bill received Royal Assent on 18 September 2023 as the Pensions ( Extension of Automatic Enrolment) Act 2023 (the Act), and was published on 19 September 2023. The Act grants the Secretary of State for Work and Pensions powers to make regulations to: reduce the lower age threshold at which otherwise eligible employees must be automatically enrolled and re‑enrolled by their employers into a pension scheme; remove the Lower Earnings Limit from the qualifying earnings band so that contributions are calculated from the first pound earned; and amend the requirements for the annual review of the qualifying earnings band. Adjustments to automatic enrolment eligibility will follow a consultation on the detailed approach and timing for implementation. The date on which section 1 of the Act comes into force is specified to be “on such day or days as the...
Which licence is required? Where a live music performance qualifies as regulated entertainment (taking into account all conditions and exemptions set out in Practice Note: Assessing whether a licence is required for licensing for live music events), it is a licensable activity and a qualifying club activity under the Licensing Act 2003 ( LA 2003). Licensable activities, including any live music performance, may only be undertaken under, and in accordance with, a premises licence (see Practice Note: Licensing of alcohol and entertainment) or by using a temporary event notice ( TEN) (see Practice Note: Temporary Event Notices ( TENs)). Likewise, a qualifying club activity may only proceed under, and in line with, a club premises certificate. Permanent approvals Premises licences and club premises certificates are granted by the local authority for the area in which the premises hosting the licensable activity is located, and they cover the...
This Practice Note examines the framework for authorising (by licence or exemption) the activities of generating, distributing and supplying electricity in Great Britain ( GB). It does not cover electricity transmission, the operation of interconnectors, multi purpose interconnectors ( MPIs), smart meter communications services, or licensing of electricity system operation. For a detailed overview of the wider electricity sector licensing regime, which includes those other areas, see Practice Note: An Introduction to Electricity Licensing in Great Britain. What are the licensing requirements under the Electricity Act 1989 ( EA 1989)? It is an offence (punishable by fine) to undertake any of the following ‘licensable activities’ within the electricity sector in GB unless authorised by a licence or an exemption: generating electricity with the intention of providing a supply to any premises, or enabling such a supply to be provided ...
Share allotments are regulated by the Companies Act 2006 ( CA 2006). The applicable requirements differ according to the nature of the company proposing the allotment, and in each case depend on whether there is a single class of shares or multiple classes in issue. In addition to the relevant statutory provisions, any proposed allotment of shares within a company requires careful consideration of the following: the company’s articles of association; and whether the concept of authorised share capital remains pertinent to the company The concept of authorised share capital should not be confused with the separate obligation on public companies to maintain an authorised minimum allotted share capital; for guidance on this, see the section on Additional requirements for public companies in Practice Note: Incorporating a company. For more detailed information on share allotments across different company types, see Practice Notes: Allotment and issue of...
Authorised payments v unauthorised payments A pension scheme that has registered with HMRC enjoys favourable UK tax treatment. In broad terms, investment income and gains arising within a UK registered pension scheme are exempt from UK tax. For members, such a registered arrangement provides a tax-efficient means to secure an income in retirement, subject to the range of pensions allowances (eg the annual allowance) that restrict the extent of pension tax-efficiency. For further information, see: Pensions allowances—overview. A UK registered pension scheme must also meet certain conditions. On registration, the scheme administrator must confirm that the scheme satisfies all the criteria for registration as a pension scheme under the Finance Act 2004 ( FA 2004). Critically, this includes confirming that the instruments or agreements establishing the pension scheme do not give any person an entitlement to unauthorised payments. For information on the...
1. What is the applicable legislation? The key legal framework overseeing foreign investment into Austria comprises: Investment Control Act ( ICA) Regulation ( EU) 2019/452 ( EU‑ FDI Screening Regulation), which sets up an EU‑wide cooperation mechanism between the European Commission ( Commission) and EU Member States regarding so‑called ‘ FDI screenings’ In addition, multiple bilateral investment treaties ( BITs) may apply, depending on the jurisdiction with which the relevant investor is linked, and which Austria has concluded for the mutual protection of investments. Austria is currently a party to BITs with several countries. For completeness, there are Austrian regulations that apply to all investments, not only foreign direct investments, but which can at times particularly affect foreign investments and may have notable implications for foreign investors in practice too......
This Practice Note examines interim relief in support of arbitration under Austrian law. Note: the decisions of the Austrian Supreme Court ( Oberster Gerichtshof) ( OGH) mentioned below are not reported by Lexis Nexis®... It outlines the interim measures available from Austrian courts to aid arbitration, as well as those that arbitral tribunals may grant under Austrian law. Austrian arbitration rules are contained in Chapter Four of the Austrian Code of Civil Procedure ( ACCP). In contrast to the UNCITRAL Model Law, Austrian legislation does not draw a distinction between domestic and foreign arbitrations. The provisions of Chapter Four (sections 577 to 618) govern arbitrations seated in Austria, while certain provisions apply irrespective of the place of arbitration ( ACCP, s 577(2))... Sections 585 and 593 ACCP regulate interim relief in arbitration: the former addresses interim measures issued by state courts, and the latter governs...
Labelling requirements—the legal framework This Practice Note is directed chiefly at companies looking to engage influencers for social marketing campaigns and advertising activities in Austria. It covers: Labelling rules—the underlying legal framework The concepts of “remuneration” and “lack of clarity of promotional purposes” How to label promotional content appropriately Requirements under the Audiovisual Media Services Act Sanctions and associated risks Written agreements with influencers The outcome of a campaign depends not only on the quality and price of goods and services, but also on how they are promoted. Striking advertising is therefore decisive. To reach broad audiences and distinct target groups, companies complement self‑marketing by using influencers for their testimonials. This brings multiple advantages: customers of varying ages, backgrounds, mindsets and individual needs can be addressed directly by an authentic role model with a large follower base at relatively modest cost. By skilfully combining objective reporting with...
Owing to Austria’s central location and enduring political neutrality, it commands a well-established reputation for settling international commercial disputes. Consequently, Austria stands among Europe’s principal centres for arbitration. This Practice Note outlines key considerations for parties evaluating Austria as the juridical seat. For more on the arbitral seat, see Practice Notes: The seat of the arbitration and Choosing the seat of arbitration. Why Austria? political neutrality modern, well-developed arbitration law (a UNCITRAL Model Law country) sophisticated international administering institution ( Vienna International Arbitral Centre ( VIAC)) arbitration-friendly courts applications to set aside an arbitral award are determined by the Supreme Court as the first and only instance very active arbitration community strong ties with Central and Eastern Europe and South Eastern Europe, alongside growing links with China The legal...
This Practice Note sets out practical guidance on the use of trade remedies under the Australia– UK Free Trade Agreement ( Aus‑ UK FTA). It therefore explains the application of anti‑dumping duties, countervailing measures and safeguard measures within the Aus‑ UK FTA... Introduction The Aus‑ UK FTA is a comprehensive free trade agreement. Consequently, it covers more than trade in goods and extends to a range of other trade matters such as: rules of origin. For guidance on the rules of origin under the Aus‑ UK FTA, see Practice Note: Rules of origin of the Aus‑ UK FTA. For guidance on how to claim preferential tariff treatment, see Practice Note: How to claim preference under the Aus‑ UK FTA technical barrier to trade. For guidance on technical barriers to trade under the Aus‑ UK FTA, see Practice Note: Sanitary and...
This Practice Note offers practical guidance on technical barriers to trade ( TBT) under the Australia United Kingdom Free Trade Agreement ( Aus- UK FTA). Introduction As a free trade agreement, the Aus- UK FTA not only sets tariffs on goods exchanged between the two parties, it also covers other matters required to trade in goods or viewed as non-tariff barriers to trade. This includes: rules of origin. For guidance on rules of origin under the Aus- UK FTA, see Practice Note: Rules of origin of the Aus- UK FTA. For guidance on claiming origin under the Aus- UK FTA, see Practice Note: How to claim preference under the Aus- UK FTA customs procedure and trade facilitation technical barriers to trade, and trade remedies Chapter 7 of the Aus- UK FTA addresses TBT. The objective of chapter 7 is to ease trade by: ...
This Practice Note sets out practical guidance on the temporary entry of business persons under the Australia and United Kingdom Free Trade Agreement ( Aus- UK FTA). Introduction The Aus- UK FTA is a wide-ranging free trade agreement. Accordingly, it covers more than trade in goods and extends to several other aspects of trade, including: rules of origin. For advice on the rules of origin under the Aus- UK FTA, see Practice Note: Rules of origin of the Aus- UK FTA. For help on claiming preferential tariff treatment, see Practice Note: How to claim preference under the Aus- UK FTA technical barriers to trade. For guidance on technical barriers to trade under the Aus- UK FTA, see Practice Note: Technical barriers to trade under the Aus- UK FTA sanitary and phytosanitary measures. For guidance on sanitary and...
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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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