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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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This Practice Note offers an overview of how damages are assessed and quantified in international arbitration, with a particular focus on damages arising from breach of contract. A separate Practice Note covers non-damages remedies in international arbitration What law applies for the purposes of calculating damages? As a general proposition in international arbitration, the law governing the substance of the parties’ dispute will also govern the evaluation of damages (eg, Chaplin v Boys). However, this should be verified for the specific jurisdictions and causes of action, as courts (notably the English court) have indicated that, while the heads of damage are determined by the substantive law, the quantification of loss is more properly treated as a procedural issue ( Harding v Wealands) For contractual disputes, the applicable substantive law will be either: the law the parties have selected to govern the relevant...
NOTE: On 2 December 2024, the Lord Chancellor confirmed a move to a +0.5% discount rate, effective from 11 January 2025. Under Schedule A1 to the Damages Act 1996, subsequent reviews must take place within five years of the end of the prior review, meaning the next review must start on or before 2 December 2029. General damages— PSLA General damages are awards that cannot be calculated with precision; instead, a suitable figure is assessed. They cover: non-pecuniary loss (past and future) for pain, suffering and loss of amenity ( PSLA), handicap in the labour market, loss of congenial employment, loss of convenience, etc future pecuniary loss, eg future loss of earnings, future care, etc In dental claims, general damages will also reflect the need to undergo remedial dentistry. For a more detailed definition, see Practice Note: Common recoverable losses in personal injury cases— What are...
This Practice Note considers the situations in which an award of compensation may be reduced for early receipt, i.e. where a sum is paid before the date on which it would have been paid had the person remained in employment. Claimants who succeed in wrongful dismissal actions, resulting in an award of compensation, may be paid certain amounts either before or after the dates on which those amounts would have been received had their employment continued. Where a sum is paid before the date on which it would have fallen due if the individual had stayed employed, a deduction for early receipt may be appropriate, as outlined below. Where a sum is received after that date, the claimant will be entitled to interest (see Practice Note: Interest in wrongful dismissal claims). Discount for accelerated...
Communicating your viewpoint with calm assurance is vital for any legal professional, yet many of us at times feel far from assertive. This Practice Note sets out what may trigger fluctuations in your assertiveness and what you can do to support yourself. What is assertiveness? People often speak about assertiveness without clearly stating what they mean. Collins defines it as ‘the quality of being able to express one’s opinions or desires in a clear and direct manner’. Assertiveness involves trusting yourself and standing up for your own rights while still respecting the rights of others. It is founded on the belief that other people’s needs and rights are just as important as our own. Assertive individuals can express themselves confidently, explain their position and what outcome they want, without slipping into passive, aggressive or manipulative behaviour. Those with strong assertiveness skills show genuine interest in and care for...
The Court’s background and name Section 41 of the Courts Reform ( Scotland) Act 2014 empowered Scottish Ministers, with the Lord President’s consent, to provide, by order, that the jurisdiction of a sheriff of a specified sheriffdom, sitting at a specified sheriff court, extends territorially throughout Scotland for the purposes of dealing with specified types of civil proceedings. The Act came into force on 22 September 2015. From that date, the exclusive monetary jurisdiction of Scotland’s sheriff courts was increased from £5,000 to £100,000. The All‑ Scotland Sheriff Court ( Sheriff Personal Injury Court) Order 2015, SSI 2015/213, was the first, and, to date, the only, order made under the section 41 power. The key parts of this order are as follows: Article 2(2): an all‑ Scotland sheriff court sitting by virtue of this order is to be referred to as the Sheriff Personal Injury...
CASE HUB ARCHIVED This archived case hub records the position as at the decision date of 16 September 2015 and is no longer updated. See the timeline, commentary and related cases for further details. Case facts Outline UK merger review concerning the proposed combination of Ashford St Peter's NHS Foundation Trust with Royal Surrey County NHS Foundation Trust. The CMA cleared the merger after a phase 2 inquiry on 16/09/2015. Latest developments On 16 September 2015, the CMA gave unconditional clearance to the transaction, confirming its provisional conclusions. Parties Ashford and St Peter's NHS Foundation Trust ( Ashford and St Peter's) and Royal Surrey County NHS Foundation Trust ( Royal Surrey). Ashford and St Peter's run two hospitals, in Ashford and Chertsey, with a total of 570 beds, providing general hospital services to more than 380,000 people in Surrey. Royal Surrey operates one hospital in Guildford, with 520 beds, offering general...
Health records and medical surveillance The provisions concerning medical examinations are set out in SI 2012/632, regulation 22, and in the HSE Approved Code of Practice ( ACOP) L143. Requirements vary according to the kind of asbestos work undertaken. Under the former regime—the Control of Asbestos Regulations 2006, SI 2006/2739—most ‘low risk’ activities were exempt from mandatory worker medicals. After a complaint to the European Commission that SI 2006/2739 failed properly to implement Directive 2003/18/ EC, the UK government agreed to replace the 2006 rules with the Control of Asbestos Regulations 2012 ( CAR 2012), SI 2012/632. This created a new category of asbestos work: notifiable non-licensed work. Licensable work Licensable work with asbestos is work: where employees’ exposure to asbestos is not sporadic and is not of low intensity for which the risk assessment cannot clearly demonstrate that the control limit (0.1 fibres per cubic...
Identifying asbestos waste Asbestos occurs in several forms, with chrysotile (white), amosite (brown) and crocidolite (blue) being the most widespread. Every variety is toxic and carcinogenic, posing serious risks to human health and the environment. It is highly persistent, breaking down very slowly and remaining in the environment for extended periods. Owing to these hazards, the import, supply and use of all asbestos types have been prohibited in the UK since 1999, subject to a few narrowly defined exceptions. Although new applications are banned, asbestos-containing products installed before the prohibition may stay in place. They must, however, be appropriately managed and kept in a safe condition to prevent harm to people or the environment. See Practice Note: Control of asbestos—duty to manage. Asbestos was historically used extensively in buildings. Consequently, during demolition or when undertaking works to a structure, there remains a...
Legal requirements It is legally assumed that any non-domestic premises—and the shared areas of domestic buildings—finished before 2000 contain asbestos, so an asbestos survey is generally required. Under the Control of Asbestos Regulations 2012, SI 2012/632, the dutyholder must undertake a suitable and sufficient assessment to determine whether asbestos is present in non-domestic premises and in the common parts of domestic premises. A suitable and sufficient assessment is also required before any construction, maintenance, demolition, or other activity that could disturb asbestos is undertaken. What is a 'suitable and sufficient assessment'? According to the Approved Code of Practice and Guidance, paragraph 113, ‘everything that can reasonably be done must be done’ to establish the presence of asbestos. This means you should: systematically review all obtainable documentation about the premises carry out, so far as reasonably accessible, a comprehensive inspection of the interior and...
This Practice Note surveys the statutory responsibilities placed on defendants in asbestos litigation, highlighting the shifting regulatory regime, first set in 1931 and progressively expanded to control worker exposure. It further examines how asbestos’s prolonged latency period affects the operation and timing of these duties, and summarises the developing body of case law in this field. For fuller guidance on the common law duty of care for asbestos claims, see Practice Note: Asbestos—the common law duty of care. Breach of duty—statutory obligations Note: this Practice Note cites statutory instruments that have since been revoked. Section 69 of the Enterprise and Regulatory Reform Act 2013 commenced on 1 October 2013 and, via an amendment to section 47 of the Health and Safety at Work etc Act 1974, removed the prospect of civil liability arising from breach of workplace regulations for accidents or exposure occurring on or after 1...
FORTHCOMING DEVELOPMENT On 3 February 2025, the House of Commons Treasury Committee opened an inquiry into AI within financial services. It seeks to examine how UK providers, including the pensions sector, can seize AI-driven opportunities whilst simultaneously reducing risks to financial stability—such as cyber security threats—and ensuring robust protection for financial consumers, especially vulnerable customers who could be exposed to bias. For further information, see LNB News 04/02/2025 12. What is artificial intelligence ( AI)? Artificial intelligence ( AI) describes software and systems that can display human-like intelligence. Rather than merely following pre-programmed tasks, they are able to learn, plan, reason and handle natural language in real time. With AI anticipated to reshape financial services, it is prudent for pensions professionals, trustees, employers, providers and others involved in running pension schemes to reflect on the possibilities and the hazards that AI may bring, both now and in the...
The legal technology landscape is changing at pace, spawning a fresh vocabulary of AI-related terms and expressions. For those who are not product developers or software engineers, it is useful to clarify what these phrases mean. This Practice Note is intended to help legal professionals gain a clearer grasp of key Artificial Intelligence ( AI) concepts. For further detail on the technology underpinning AI, see Practice Note: Artificial intelligence and machine learning—an introduction to the technology. The Basics Algorithm: a coded series of instructions within software that resolves a problem or executes a computation. Artificial Intelligence ( AI): computer software and systems capable of exhibiting human intelligence. They can learn, plan, reason, or handle natural language as they operate, rather than relying only on pre-programmed tasks; for example, speech recognition, computer vision, translation between natural languages, and other mappings of inputs. In the UK and EU,...
Through the Human Rights Act 1998 ( HRA 1998), the rights set out in the European Convention on Human Rights ( ECHR) are given domestic effect in English law. A claimant may, therefore, pursue legal proceedings under the HRA 1998 against a public authority for an alleged breach of their Convention rights safeguarded by the ECHR. There are various situations in which the common law affords no remedy, yet a claim under the HRA 1998 might be available, or the HRA 1998 may enhance the remedies open to a claimant. See generally Practice Note: Personal injury claims under the Human Rights Act 1998. Article 8 (right to respect for private and family life) Article 8 of the ECHR is among the Convention’s most influential provisions, and the right to respect for private life has broad scope across multiple contexts, particularly concerning medical...
Article 8 of the European Convention on Human Rights 1950 ( ECHR)—given effect in domestic law by section 1 of the Human Rights Act 1998 ( HRA 1998)—guarantees respect for private and family life. Immigration practitioners must recognise when a client may invoke Article 8 and evaluate the likely prospects of success. This Practice Note sets out the principal practical considerations for immigration practitioners advancing arguments under Article 8 ECHR, including what Article 8 covers and protects, the applicable standard of proof, and how Article 8 is applied to different kinds of application, such as to entry clearance applications, or claims that involve children. This Practice Note does not address pre-2012 Article 8 claims; however, case law that predates the 2012 rules is identified and referred to where it remains relevant and continues to have continuing...
CASE HUB See further, timeline. Case facts Outline of the European Commission’s investigation into whether Italy’s choice to adopt a Decree by the Italian Prime Minister, imposing specific obligations in relation to the acquisition of BPM by Uni Credit ( M.12052), amounts to an infringement of Article 21 EUMR ( M.10494). Latest developments On 14 July 2025, the Commission issued its preliminary decision, concluding that Italy’s issuance of a Prime Ministerial Decree setting obligations linked to Uni Credit’s acquisition of BPM constituted a breach of Article 21 EUMR. Parties Uni Credit S.p. A. ( Unicredit) Based in Milan, Uni Credit provides retail, commercial and private banking, together with insurance and asset management services. It is principally active in Italy, Germany, and Central and Eastern Europe. It also maintains a modest presence in the UK and the US. In Italy, Uni Credit is the second largest banking group by assets and is a...
This Practice Note examines how the breadth of the EU right of residence derived from EU citizenship, first acknowledged by the Court of Justice in Ruiz Zambrano, has since been curtailed by later rulings and its operation limited to defined situations. The recognition of EU citizenship rights in Zambrano In Gerardo Ruiz Zambrano v Office national de l'emploi, the Court of Justice marked a watershed in the developing body of EU citizenship law, conferring on EU nationals—and, crucially, their relatives—an autonomous, directly enforceable entitlement to reside, separate from the freedoms laid down in EU free movement rules, notably Directive 2004/38/ EC, the Citizens’ Directive. Briefly, two married Colombian citizens sought asylum in Belgium. Although their claim failed, removal was not possible. While in Belgium, the couple had two children. The children neither obtained Colombian nationality nor were they registered as Colombian. To avoid...
CASE HUB ARCHIVED This archived case hub records the status as at the decision dated 10 December 2015; it is not being updated. See the timeline, commentary and related cases for more details. Case facts Outline: European Commission Article 102 TFEU investigation into Bulgarian Energy Holding concerning the wholesale electricity market (case number AT.39767). Latest development On 10 December 2015, the Commission formally accepted binding commitments from Bulgarian Energy Holding......
CASE HUB (date of judgment—14/09/2017) Further reading: timeline, commentary and related/relevant cases Case facts ARCHIVE—14/09/2017 Outline A request for a preliminary ruling was made by Latvia’s Augstākā tiesa ( Supreme Court) to the Court of Justice under Article 267 TFEU. The referring court sought clarification on when the practice of a dominant undertaking, within Article 102 TFEU, in charging elevated prices should be treated as ‘excessive’ and thus breach point (a) in the second paragraph of Article 102 TFEU... Outcome On 14 September 2017, the Court of Justice held, inter alia, that an abuse based on ‘excessive pricing’ can be found where the gap between the price under review and a suitably selected market benchmark is both material and enduring on the facts. As regards an appropriate comparator for that analysis, the Court confirmed that a restricted comparator drawn from neighbouring Member States may suffice, provided that market and its...
CASE HUB See further, timeline Case facts Outline European Commission ( Commission) Article 102 TFEU investigation into suspected predatory pricing by Greek Public Power Corporation ( AT.40278). Latest development On 7 February 2024, the Commission sent its statement of objections. Parties Greek Public Power Corporation ( PPC). PPC is Greece’s largest provider of electricity in both retail and wholesale markets, with the Greek State retaining a significant minority share. Between 2013 and 2019, PPC held all lignite and hydro capacity, alongside some of the natural gas......
CASE HUB ARCHIVED This archived case hub captures the position as at the final decision dated 2 June 2025; it is no longer maintained. See further, timeline and commentary Case facts Outline of an Article 101 TFEU investigation into a cartel in the online food delivery sector ( AT.40795). The conduct included no‑poach arrangements, the exchange of information, and market allocation practices. Latest development On 2 June 2025, the Commission adopted its infringement decision after both firms acknowledged taking part in the cartel. Aggregate fines amounting to €329m were levied. Total fines imposed on each party were as follows: Delivery Hero—€223,285,000 (including a 10% reduction for settlement) Glovo—€105,732,000 (including a 10% reduction for settlement) Parties Delivery Hero SE ( Delivery Hero): Delivery Hero, a German‑based business, operates in food delivery services. It currently has a presence in more than 70 countries worldwide, 16 of which are within the EEA. It...
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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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