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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 is archived and is not maintained. This legislation tracker records legislation which came into force in 2025, presented by date in chronological order. Legislation is listed in chronological date order. Links to news reports are included where appropriate in this tracker. Information on legislation commencing after 2025 appears in Practice Note: Legislation tracker— Employment. For legislation in force before 2025, see the following Practice Notes. Entries are ordered chronologically. Archived—2024 Legislation tracker— Employment Archived—2023 Legislation tracker— Employment Archived—2022 Employment horizon scanner—dates for your diary Legislation in force— January 2025 Commencement date (unless otherwise indicated): 1 January 2025 Legislative change Recognition of professional qualifications The Recognition of Professional Qualifications and Implementation of International Recognition Agreements ( Amendment) ( Extension to Switzerland etc) Regulations 2024, SI 2024/1379 give effect to the UK– Switzerland Recognition of Professional...
THIS PRACTICE NOTE RELATES TO DRAWDOWN PENSIONS COMMENCING BETWEEN 6 APRIL 2011 AND 5 APRIL 2015 ( INCLUSIVE) ARCHIVED: This archived Practice Note outlines the legal framework that applied to drawdown arrangements begun on or after 6 April 2011 and before 6 April 2015, whether by way of income withdrawal or a short-term annuity. It is no longer maintained. For details of the regime for drawdown arrangements starting on or after 6 April 2015, see Practice Notes: Drawdown from 6 April 2015 and Drawdown and death benefits from 6 April 2015. What is a drawdown pension? The term ‘drawdown pension’ replaced the earlier labels ‘unsecured pension’ and ‘alternatively secured pension’ used before 6 April 2011. Up to 5 April 2015, drawdown pension described the process for paying pension which enabled members who were: already receiving benefits from a pension arrangement (either a pension paid by the...
ARCHIVED: This Practice Note is archived and no longer maintained. STOP PRESS: The UK prospectus framework, previously derived from the EU Prospectus Regulation, has been superseded by the Public Offers and Admission to Trading Regulations 2024 ( POATRs), with detailed admission-to-trading requirements now contained in the Financial Conduct Authority ( FCA) admission rules. The FCA issued its final rules ( PS25/9) on 15 July 2025, and these rules took effect on 19 January 2026. In October 2025, the FCA released Primary Market Bulletin 58 which, among other matters, provided 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 POATRs’ key elements relevant to the debt capital markets, see: Reform of the UK prospectus regime. This Practice Note focuses on debt capital markets and...
ARCHIVED : this Practice Note is no longer maintained as the majority of concessions, which were introduced as a result of the coronavirus ( COVID-19) pandemic, have ended This Practice Note remains archived for historical reference and may assist advisers conducting research. It brings together links to relevant information, news, and analytical commentary on the immigration consequences of the coronavirus pandemic. It will continue to be refreshed periodically with pertinent materials. Links to all key government and third-party guidance can be found below at: Coronavirus ( COVID-19) immigration resources— Information resources. For the National Archives page hosting earlier versions of the main Home Office guidance for individuals from 27 March 2020, see here. Update: Relaxation of restrictions, switching and international arrivals and travel On 19 July 2021, most coronavirus rules in England were lifted, before new measures were brought in on 30 November 2021 to limit the...
ARCHIVED The rules set out in this archived Practice Note apply to companies that most recently opted into the patent box regime for an accounting period commencing before 1 July 2016, in respect of qualifying IP the company applied for or acquired before 1 July 2016 (or, in certain cases, 2 January 2016). Different rules then apply to any new qualifying IP acquired after that date. The revised approach in Practice Note: Patent box calculation of relief—new rules applies to all companies from 1 July 2021. The patent box is an optional regime delivering an effective 10% corporation tax rate on worldwide profits linked to qualifying patents and comparable intellectual property rights. Profits within the scope of the patent box are, in effect, charged to corporation tax at the reduced rate of 10%—see Practice Note: Commencement and phasing in of patent box relief below. The...
ARCHIVED : This Practice Note is archived and no longer maintained. It gathers News from 1 January 2021, ie after IP completion day, up to 28 January 2025. It explores a range of issues on the consequences of Brexit for dispute resolution ( DR) practitioners, including the Retained EU Law ( Revocation and Reform) Bill. From 1 January 2024, ‘retained EU law’ has been styled as ‘ Assimilated’ law; this is a change of name only, with no alteration to the provisions discussed. For further detail, see Practice Note: Assimilated law. For News Analysis predating exit day (31 January 2020), see: Dispute Resolution News Analysis— Brexit (exit day to IP completion day) [ Archived] Dispute Resolution News Analysis— Brexit (up to exit day) [ Archived] For wider reading on legal requirements and the implications of Brexit, consult the Brexit collection, which provides links to...
ARCHIVED: This archived Practice Note outlines the Pensions Regulator’s expectations under its 2016 DC Code of Practice and the accompanying DC guides for occupational money purchase schemes, for the period spanning from 28 July 2016 through to 27 March 2024 (the day before the General Code came into force, which replaced the 2016 DC Code of Practice). For further current information on DC governance, please see the Practice Note: Governance requirements applicable to DC workplace pension schemes. There are two kinds of work-based defined contribution ( DC) arrangements: trust-based, ie set up by trust deed (or a declaration of trust) and run by a board of trustees for scheme members—eg a trust-based DC occupational scheme; and contract-based, ie put in place and operated by insurance providers (usually at an employer’s instruction) and founded on a contract between the member and the...
Archived: This Practice Note is archived and no longer updated. It distilled the temporary revisions made to the Criminal Procedure Rules ( Crim PR), SI 2020/759, by the Criminal Procedure ( Amendment No 2) ( Coronavirus) Rules 2020, SI 2020/417, which allowed the criminal courts in England and Wales to keep functioning during the coronavirus ( COVID-19) outbreak. Those interim measures lapsed as pandemic restrictions were lifted, and were wholly revoked on 28 June 2022 under section 201 of the Police, Crime, Sentencing and Courts Act 2022 ( PSCSA 2022). PSCSA 2022 also introduced permanent changes concerning the use of live audio links and live video links in eligible criminal proceedings in England and Wales. For more detail, see Practice Note: Remote hearings in the criminal courts. As part of the government’s response to the coronavirus ( COVID-19) pandemic, the...
ARCHIVED: This Practice Note has been archived. It outlines the regulatory requirements under the SRA Code of Conduct that were in force from 6 October 2012 to 24 November 2019, and will apply to any funding agreement concluded between those dates. In 2011, the Solicitors Regulation Authority implemented a change of regulatory regime for the profession and its regulation of the industry and, as part of that reform, a new Code of Conduct took effect on 6 October 2011. The framework contains ten principles together with a set of mandatory outcomes, i.e. standards of behaviour that solicitors must satisfy. To help achieve those mandatory outcomes, the 2011 Code includes a non-exhaustive list of behaviours that are ‘indicative’ of whether or not the required outcomes are likely to be achieved. The mandatory outcomes concerning funding and costs are expressly set out within the '1st...
ARCHIVED : This Practice Note has been archived and is not maintained. The provisions in this Practice Note ended on Monday 31 March 2014, when the second mediation scheme was replaced by a permanent mediation service introduced under CPR 26.4A. Information on that service is available in Practice Note: Small claims mediation service. Two mediation pilot schemes This Practice Note relates to two mediation service pilot schemes that operated consecutively: first scheme—1 October 2012 to 31 March 2013 ( Practice Direction 51H) second scheme—1 April 2013 to 31 March 2014 ( Practice Direction 51I) Second Mediation Service Pilot Scheme The second Mediation Service Pilot Scheme (the second scheme) commenced on 1 April 2013 in the County Court Money Claims Centre ( CCMC), Production Centre and Money Claims online (see Second Mediation Service Pilot Scheme), and continued until Monday 31 March 2014......
ARCHIVED: This Practice Note is archived and no longer updated. The UK is no longer subject to the Rome Convention as a matter of international law, following departure from the EU. Even so, its substantive provisions still apply in certain instances, namely where a contract was concluded between 1 April 1991 and 16 December 2009 and meets the requirements in the Act. As a result, those rules remain in the C( AL) A 1990, but with changes made by The Law Applicable to Contractual Obligations and Non– Contractual Obligations ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/834. For current guidance, see Practice Note: Contracts ( Applicable Law) Act 1990—application and interpretation. This Practice Note outlines when the Rome Convention governs and when it does not. It also explains the exclusion of renvoi, considers public policy implications, and addresses the position where a state has more...
ARCHIVED: This Practice Note is archived and not kept up to date. It summarises powers that formerly existed under the Anti-social Behaviour Act 2003 and the Housing Act 1996. Although superseded by the Anti-social Behaviour, Crime and Policing Act 2014, anti-social behaviour orders ( ASBOs) and anti-social behaviour injunctions ( ASBIs) made before March 2015 continue to be enforceable. This material is no longer maintained. For guidance on the current tools to address anti-social behaviour, consult these Practice Notes: Anti-social behaviour—powers to close premises under the Anti-social Behaviour, Crime and Policing Act 2014 Anti-social behaviour—the Civil Injunction Obtaining possession of a secure tenancy Acceptable behaviour contracts and local authorities Anti-social Behaviour Act 2003—premises This section outlines the powers that existed under the Anti-social Behaviour Act 2003 ( ABA 2003). Though replaced by newer measures, closure orders issued under these provisions and in force before October 2014 still have effect. Before the 2014...
ARCHIVED: This Practice Note is archived and is not maintained Current powers to control anti-social behaviour This Practice Note outlined the measures that existed pursuant to the Anti-social Behaviour Act 2003 and the Housing Act 1996. Although superseded by newer mechanisms in the Anti-social Behaviour, Crime and Policing Act 2014, anti-social behaviour orders ( ASBOs) and anti-social behaviour injunctions ( ASBIs) made under those regimes and already in force before March 2015 continue to be enforceable. It is no longer maintained or kept up to date. For material on the up-to-date powers to address anti-social behaviour, refer to these Practice Notes as listed below: Anti-social behaviour—powers to close premises under the Anti- Social Behaviour, Crime and Policing Act 2014 Anti-social behaviour—powers to control behaviour under the Anti-social Behaviour, Crime and Policing Act...
ARCHIVED : This archived Practice Note concerns a statement by an auditor of a quoted company on vacating office; see also the archived Practice Note: Company and Companies House notifications on an auditor ceasing to hold office—financial years commencing before 1 October 2015—quoted company [ Archived]. Section 18 and Schedule 5 of the Deregulation Act 2015 ( DA 2015), which took effect on 1 October 2015, introduced a series of changes relating to auditors, including the statutory rules that govern the notices and statements required when an auditor leaves office and what must be communicated and to whom. Those amendments apply to financial years starting on or after 1 October 2015. For the purposes of the notices and statements required on the cessation of an auditor’s appointment, DA 2015 amended the Companies Act 2006 ( CA 2006) to draw a line between public...
ARCHIVED: This Practice Note is archived and no longer updated. It is retained for historical context only because it addresses CPR 81 as it stood before 1 October 2020, and Practice Direction 81, which was revoked in full from 1 October 2020. If your committal application is dated after 1 October 2020, you must consult the current CPR 81 and the Practice Notes dealing with it; see: Contempt and committal—overview. For the pre‑1 October 2020 version of CPR 81 or Practice Direction 81, see: This Practice Note explains how to apply for permission to commence committal proceedings. Not every contempt scenario requires permission before issuing committal proceedings. For further guidance, refer to: Practice Note: When is permission required to bring committal proceedings? [ Archived] Practice Note: Committal applications—applying for permission—where to apply [ Archived] Practice Note: Committal...
ARCHIVED: This Practice Note is retained for historical reference. It addresses pre-action behaviour in non-protocol matters under the Practice Direction— Pre- Action Conduct that applied before 6 April 2015. For details on the Practice Direction Pre- Action Conduct and Protocols, which replaced the earlier Practice Direction— Pre- Action Conduct and has been in effect since 6 April 2015, see Practice Note: Pre-action behaviour in non-protocol cases— Practice Direction Pre- Action Conduct and Protocols... Practice Direction— Pre- Action Conduct Where a claim is not captured by any of the protocols, the parties should adhere to the principles in the Practice Direction— Pre- Action Conduct before issuing proceedings (para 2.1). For information on the various protocols, to check whether any apply to your claim, see: The pre-action protocols and when they apply— Protocols in force prior to 6 April 2015......
ARCHIVED : This Practice Note is archived and no longer updated or maintained. It is preserved for historical reference only, as it sets out CPR Part 36 as it operated before 6 April 2015, and reflects the position at that time. If you have received, or are putting forward, a Part 36 offer on or after 6 April 2015, you should consult the CPR 36 currently in force together with our Practice Notes and Precedents on this topic, which cover the current regime; see: Part 36 offers—overview. Where a Part 36 offer was made, or received, before 6 April 2015, the Part 36 provisions in effect before that date continue to apply to that offer or response. You can obtain a copy of the pre‑6 April 2015 Part 36 rules here for reference: If a Part 36 offer predates 6 April 2015, but a trial of any...
ARCHIVED: This Practice Note is archived and no longer updated. It is provided solely for historical context, setting out Part 36 of the CPR as it operated before 6 April 2015. If you have received, or intend to make, a Part 36 offer on or after 6 April 2015, you must consult the CPR 36 currently in force together with our relevant Practice Notes and Precedents; see: Part 36 offers—overview. Where a Part 36 offer was made, or received, before 6 April 2015, the Part 36 provisions then in force will govern. A copy of the pre‑6 April 2015 Part 36 rules can be accessed here: If your Part 36 offer predates 6 April 2015 but a trial of any element of the claim, or any issue within it, is scheduled to begin on or after 6 April 2015, you should refer to the new CPR 36 for...
ARCHIVED: This Practice Note has been archived and is not maintained. Last updated July 2019. On 21 July 2019, the Prospectus Regulation ( EU) 2017/1129 came fully into force across EU member states, and the Prospectus Directive was repealed. The Regulation now determines when a prospectus must be published for an offer of securities to the public in the UK, or for the admission of securities to trading on a regulated market in the UK. To implement this, the FCA aligned the FCA Handbook by removing the Prospectus Rules in their entirety and substituting the Prospectus Regulation Rules sourcebook. For more details, see Practice Note: The UK Prospectus Regulation—essentials [ Archived] and The UK Prospectus Regulation—is a prospectus required? [ Archived]. This note, together with related notes on the now repealed Prospectus Rules, has been preserved for reference, as its commentary may still apply to...
ARCHIVED: This Practice Note outlines how UK qualifications are recognised across the EU, Switzerland, Norway, Iceland and Liechtenstein, and how the UK recognises professional qualifications obtained in other jurisdictions. Legal context UK-qualified professionals delivering services abroad (and those qualified overseas working in the UK) must ensure they are authorised to practise in the relevant jurisdiction, even where work is temporary or occasional. Recognition of professional qualifications is a mechanism that enables a professional qualified in one country to work in another with minimal formalities and without needing to re-qualify. This is especially significant for regulated professions, including medics, architects, lawyers or statutory auditors, who intend to establish in, or provide their services to, another country. To identify which professions are regulated in the UK and obtain regulator contact details, see the GOV. UK website here. Do note, however, that recognising...
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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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