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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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1. What is the applicable legislation? Armenia’s regime for foreign investment is built on a set of laws and international accords, centred on protection and promotion rather than screening. Constitution of the Republic of Armenia 2015 Law of the Republic of Armenia on Foreign Investments 1994 ( Law on Foreign Investments 1994) Law of the Republic of Armenia on Free Economic Zones 2011 Armenia has also concluded bilateral treaties on reciprocal promotion and protection of investments with 44 countries. Note: Armenia has no general foreign direct investment ( FDI) screening or mandatory notification regime. In most cases, foreign investors may proceed without prior government approval, except in regulated sectors—such as banking, telecoms and energy—governed by separate laws. List of signed bilateral treaties on reciprocal promotion and protection of investments: No......
Statutory framework At present, four principal pension schemes operate in England and Wales for members of the armed forces. These are: Armed Forces Pension Scheme 1975 ( AFPS 1975) — formerly open only to the regular forces; closed to new members from 6 April 2006 and stopped future accrual from 1 April 2022 Armed Forces Pension Scheme 2005 ( AFPS 2005) — likewise for the regular forces only; also closed to future accrual from 1 April 2022 Reserve Forces Pension Scheme 2005 ( RFPS 2005) — open to full time reservists; again closed to future accrual from 1 April 2022 Armed Forces Pension Scheme 2015 ( AFPS 2015) — open to the regular forces and all reservists; effective from 1 April 2015 There are also several other schemes, run by the same manager, that provide pension or other...
This Practice Note outlines the process for appointing arbitrators under the 3rd edition of the ARIAS ( UK) Rules, adopted in 2014 (the ARIAS Rules). For an overview of ARIAS, see Practice Note: Arbitration under the ARIAS ( UK) Rules 2014... Requirements under ARIAS Rules In an ARIAS arbitration, the parties may decide how many arbitrators will sit on the tribunal and what qualifications they must possess ( ARIAS, rule 6.1). If, in whole or in part, the parties fail to agree on the tribunal’s composition, the default provisions in the ARIAS Rules apply, which in their basic structure mirror the appointment process in the ARIAS arbitration clause. The rules provide that, unless the parties agree otherwise: the tribunal will comprise three arbitrators......
Practice Note This Practice Note outlines how disputes progress under the 3rd edition of the AIDA Reinsurance and Insurance and Arbitration Society ( ARIAS) ( UK) Rules (the ARIAS Rules), adopted in 2014. For a primer on ARIAS, see Practice Note: ARIAS ( UK) Rules and Procedure. Unlike many other arbitral rule sets, there is no fixed procedural roadmap taking an ARIAS arbitration through to a hearing. Instead, the focus is on the parties agreeing their own procedure and timetable ( ARIAS, rule 10.1 and Note to Rule 10) so that the dispute is resolved proportionately. Even where consensus is reached, the tribunal may displace any arrangement it believes would not allow the dispute to be determined in a proportionate way, without needless delay or cost ( ARIAS, rule 10.1). In practice, an arbitral tribunal will generally attach significant weight to solutions the parties have...
This Practice Note considers the frequent need for law practices to accept staged payments towards an unpaid invoice. The SRA has produced a case study asserting that doing so amounts to entering a regulated credit agreement as a lender, requiring a formal consumer credit agreement. This Practice Note sets out why we disagree with the SRA on that point, drawing on settled case law and the principal specialist text on consumer credit. Bear in mind the consumer credit framework only covers clients who are individuals and very small partnerships, because the Consumer Credit Act 1974 ( CCA 1974) does not capture arrangements with larger partnerships or bodies corporate. See Practice Note: Consumer credit and client fee arrangements— What is a consumer credit agreement? SRA requirements The SRA Financial Services ( Scope) Rules define which regulated consumer credit activities may be carried out by a firm...
From exit day (31 January 2020), the UK ceased to be an EU Member State. Nonetheless, under the Withdrawal Agreement, an implementation period applies during which EU law continues to bind and apply to the UK. This development affects this Practice Note. For additional detail and context, see Practice Note: Brexit— IP rights. ARCHIVED This Practice Note is archived and is no longer maintained or updated. This Note explains the law on unjustified threats concerning UK and Community design right infringement as it stood before it was amended by the Intellectual Property ( Unjustified Threats) Act 2017 ( IP( UT) A 2017). Communications issued before 1 October 2017 remain governed by the previous regime in relation to patents, trade marks and designs, as applicable and appropriate. All citations and references in this Practice Note to the Copyright, Designs and Patents Act 1988, the Registered Designs Act 1949, and the...
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s particular proposals for addressing the enforcement of judgments across the EU will be a central concern for UK practitioners. This Practice Note examines how Brexit will affect the enforcement of court judgments in the EU once the UK leaves the bloc. It reviews the existing framework under Regulation ( EU) 1215/2012, Brussels I (recast), sets out the respective stances of the UK and the EU, and evaluates the probable outcomes based on the information currently available. The Note highlights issues that may arise upon the UK’s exit and points to regimes that could support the enforcement of court judgments, including the Hague Convention on Choice of Court Agreements and the Lugano Convention 2007. It provides a concise summary of the current position and the foreseeable scenarios for...
ARCHIVED : This Practice Note has been archived and is not maintained. From 1 April 2017, the worldwide debt cap regime was repealed and superseded by the corporate interest restriction ( CIR) rules thereafter. Consequently, the debt cap provisions described in this Practice Note should be treated as relevant only for periods ending before 1 April 2017, when the CIR took effect. Where any period spans that changeover date, the debt cap will apply solely to the deemed period ending on 31 March 2017. For further details on the CIR, which both replaces and repeals the former debt cap regime, consult the Practice Note: Corporate interest restriction......
IMPORTANT NOTICE : THIS PRACTICE NOTE HAS NOW BEEN ARCHIVED. This note sets out the position as at 30 June 2018. From 1 July 2018, limits on Croatian nationals’ access to the UK labour market were removed; accordingly, worker authorisation rules, and any exemptions, no longer applied from that date. On 1 July 2013, Croatia acceded to the EU and, by extension, to the European Economic Area ( EEA). The treaty governing the Republic of Croatia’s accession to the EU (the Accession Treaty) was signed in Brussels on 9 December 2011 and was adopted in Brussels on 16 May 2012. As with other EEA nationals, Croatian nationals do not need leave to enter or remain in the UK. Under the terms of the Accession Treaty, member states may depart from EU free movement rules to manage access by Croatian nationals to their domestic labour markets for up to five...
ARCHIVED : This archived Practice Note relates to a statement by an auditor of an unquoted company who is ceasing to hold office for financial years commencing before 1 October 2015; see also archived Practice Note: Company and Companies House notifications on an auditor ceasing to hold office—financial years beginning before 1 October 2015—unquoted company [ Archived]. Section 18 and Schedule 5 of the Deregulation Act 2015 ( DA 2015), which came into effect on 1 October 2015, introduced a series of changes concerning auditors, among other matters, including provisions addressing the notices and statements required when an auditor stops holding office. These provisions apply to financial years starting on or after 1 October 2015. For the purposes of the notices and statements required on an auditor’s departure from office, the DA 2015 amended the Companies Act 2006 ( CA 2006) to clearly...
ARCHIVED: This Practice Note has been archived and is not maintained. The Tier 1 ( Entrepreneur) route was specifically created for those seeking to either join an existing UK company or to launch their own enterprise in the UK. The provisions governing this visa sit in paragraphs 245D–245DF of Part 6A of the Immigration Rules and in paragraphs 35–53 of Appendix A of the Immigration Rules. The corresponding provisions on English language and financial maintenance are set out within paragraphs 1–15 of Appendix B and paragraphs 1A–3 of Appendix C, respectively. Home Office policy guidance can be viewed at the Guidance on application for UK visa as Tier 1 ( Entrepreneur). Who is eligible? This route closed to new applicants on 29 March 2019, although dependants can still apply to join a main applicant who has been granted leave as a Tier 1 (...
This archived Resource Note summarises the key provisions of the iteration of Rule 12 of The City Code on Takeovers and Mergers (the Code) that applied to firm offers announced before 5 July 2021. It has not been updated since the Code was revised in July 2021. For details of the version of Rule 12 that applies to firm offers announced on or after 5 July 2021, see Resource Note: Takeover Code— Rule 12— Long-stop date. Materials covered in this Resource Note include: detailed notes to the Code ( Notes), expanding on how the Rules are intended to be implemented, together with relevant Appendices dealing with specific issues Panel Statements published by the Panel ( P/ S) and Panel Instruments Public Consultation Papers ( PCP) and Response Statements ( RS) issued by the Code Committee relevant Lexis+® UK...
ARCHIVED : This Practice Note is archived and no longer updated. It explains the requirement to obtain permission to appeal to the UK Supreme Court ( UKSC) and outlines the procedure, whether the challenge comes direct from the High Court (via a leap-frog) or from the Civil Division of the Court of Appeal. It reviews the deadlines for lodging the application (including how to request extra time) and the way in which the request will be decided, including where a Community law point is raised. It is not kept up to date and is supplied for background only. This Practice Note concerns appeals to the Supreme Court. It should be read alongside Practice Notes: Supreme Court—starting and managing the appeal—appeals pre-2 December 2024 and Supreme Court—completing an application for permission or notice of appeal and how to...
ARCHIVED: This Practice Note is archived and is no longer maintained. The Investigatory Powers Act 2016 ( IPA 2016) forms the principal statutory scheme regulating the use of covert surveillance undertaken by public bodies. Rules on obtaining and disclosing communications data sit in IPA 2016, Parts 2 and 3, which replaced the RIPA 2000 provisions on interception and communications data acquisition. For guidance on acquiring and using communications data under IPA 2016, refer to the Practice Notes ' Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016' and ' Interception of communications under the Investigatory Powers Act 2016'. For an overview of the scope of IPA 2016 more generally, see the Practice Note ' The regulation of intelligence gathering—an introductory guide'. Communications data The Regulation of Investigatory Powers Act 2000 ( RIPA 2000) established a detailed scheme for...
ARCHIVED : This Practice Note is no longer maintained as it addressed the implementation of EU free movement law in the UK before IP completion day. On that day, the UK’s domestic legislation giving effect to EU free movement was revoked, subject to defined savings and modifications. For more detail, including those savings and the treatment of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note is kept in archived form for historical reference, as EU law previously applied in the UK can still be relevant in certain limited circumstances. For historic versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, see Legislation.gov.uk. For continuing developments in EU free movement law within EU Member States, see: Immigration, employment & share incentives ( EU...
ARCHIVED: This Practice Note has been archived and is not maintained. STOP PRESS: The UK’s prospectus framework, once anchored in the EU Prospectus Regulation, has been superseded by the Public Offers and Admission to Trading Regulations 2024 ( POATRs). Detailed admission to trading requirements now reside in the Financial Conduct Authority ( FCA) admission rules. The FCA released its final rules ( PS25/9) on 15 July 2025, with the new regime taking effect on 19 January 2026. In October 2025, Primary Market Bulletin 58 outlined guidance on the timing and approval of prospectuses (and supplementary prospectuses) and confirmed the removal of Listing Particulars as an admission document under the new framework. For further information on the key elements of the POATRs relevant to debt capital markets, see: The UK Prospectus Regulation—essentials [ Archived]— Reform of the UK prospectus regime... UK Prospectus Regulation— Level 2...
ARCHIVED : This Practice Note has been archived and is not maintained. STOP PRESS: On 21 October 2025, within its Regulation Action Plan, the government stated it believed the Investment Association Public Register had fulfilled its role and accordingly asked the IA to wind it up. That day, the IA confirmed the register would cease to be updated, with its aims pursued instead via reporting against the UK Corporate Governance Code and continued stewardship work. Those objectives remain addressed through disclosure under the UK Corporate Governance Code and continuing stewardship activity by the IA. See: Policy paper— A new approach to ensure regulators and regulation support growth, and IA remarks on ending the Public Register. Accordingly, from that date this Practice Note is archived and is no longer maintained or revised. Evolution of the IA public register In November 2016, the Department for Business, Energy &...
Last updated July 2019 ARCHIVED — On 21 July 2019, the Prospectus Regulation Rules Instrument 2019 took effect, removing the Prospectus Rules and substituting them with the Prospectus Regulations Rules. For more, see: Prospectus Regulation Rules tracker Tracker overview This Prospectus Rules ( PR) tracker outlines recent and anticipated legislative and regulatory moves, alongside the latest updates affecting the PRs and material on prospectus publication requirements, the approval process and what a prospectus must contain. It also brings together consultation papers, policy statements, practical guidance and notices issued by the Financial Conduct Authority ( FCA) (the successor to the Financial Services Authority ( FSA)). Recent and future developments (2011 onwards) 21/07/2019 — FCA — Prospectus Regulation Rules Instrument 2019 (the Instrument): The Instrument commenced, removing provisions in the PR sourcebook, which are now replaced by those set out in the Prospectus...
ARCHIVED: This Practice Note has been archived and is not maintained. On 29 July 2024, a major overhaul of the UK listing framework took effect, abolishing the premium and standard segments and introducing a single category for equity shares of commercial companies, alongside additional categories defined by company and security type. To give effect to these reforms, a new UK Listing Rules sourcebook came into force to implement the changes, and the previous Listing Rules sourcebook was revoked. For more detail, see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note describes the regime as it stood before 29 July 2024 and has been retained for reference purposes. The Listing Principles ( Listing Principles) and the Premium Listing Principles ( Premium Listing Principles) (together, the Principles) are set out in Chapter 7 of the Listing Rules ( LR) published by the...
IMPORTANT NOTICE : THIS PRACTICE NOTE HAS NOW BEEN ARCHIVED. This note reflects the law as at 30 June 2018. From 1 July 2018, restrictions on UK labour market access for Croatian nationals were removed, and therefore worker authorisation requirements and any exemptions ceased to apply from that date. Croatia became a member of the EU on 1 July 2013. The Treaty of Accession of Croatia 2011 allowed the UK to limit Croatian nationals’ access to the labour market for up to seven years from accession, so long as the conditions were no more restrictive than those in force at the date the treaty was signed (9 December 2011). Moreover, if the UK later brought in relevant measures for non- EEA nationals that were more favourable than those at the signature date, these had to be extended to Croatian nationals. The UK elected to apply labour...
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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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