Featured documents
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
Most recent Practice notes
FORTHCOMING CHANGE: Under the Paternity Leave ( Amendment) Regulations 2024 (currently in draft) and the Statutory Paternity Pay ( Amendment) Regulations 2024, SI 2024/121, the key updates, scheduled to take effect on 8 March 2024, are as follows: employed fathers and partners will (a) gain the option to split the existing entitlement of up to two weeks’ leave into two separate, non-consecutive one-week blocks; and (b) be permitted to take that leave at any point within the first year, rather than solely within the initial eight weeks following birth or placement for adoption. Further, for births, the notice period for intending to take leave will be reduced to just 28 days before the dates on which each period of leave (and pay, where eligible) is to be taken. For adoptions, the notice requirement will continue to be 7 days from the adopter being...
ARCHIVED: This Practice Note has been archived and is no longer being maintained at present. For guidance on the scrutiny of intelligence gathering, see Practice Note: Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016. The Investigatory Powers Act 2016 ( IPA 2016) obtained Royal Assent on 29 November 2016 and reshaped the legal framework regulating the use of covert surveillance by public bodies, a framework that remains largely—though not solely—contained in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). For a comprehensive background to the introduction of IPA 2016, together with a summary of its core provisions, refer to Practice Note: The regulation of intelligence gathering—an introductory guide. The IPA 2016, Pt 8 provisions dealing with the scrutiny of interception are in effect and apply at the present time. IPA 2016 also...
ARCHIVED: This Practice Note is archived, is not maintained and is no longer updated. It covers the former CFC regime that applied up to, and including, the first accounting period of a CFC beginning on or after 1 January 2013, when the new rules took effect. For guidance on comparable topics under the new rules effective from that date, see: CFC rules—definitions of company and accounting period and New CFC rules—entity level exemptions: not subject to a lower level of tax. A company will be a controlled foreign company (a CFC) for an accounting period where it is: resident outside the UK—see Definition of a CFC—residence for further explanation controlled by UK-resident persons (controller residence is discussed in Definition of a CFC—residence, and the meaning of control is set out in Definition of a CFC—control), and subject to a lower level of...
This practice note is kept for historical reference only because, from 6 April 2014, it is no longer possible to obtain a writ of feiri facias or a warrant of execution; instead, the applicable process is now to issue a writ or warrant of control under the Taking Control of Goods ( TCG) procedure operated under the Tribunals, Courts and Enforcement Act 2007, Schedule 12; see: Taking control of the debtor’s goods—overview. Introduction The mechanisms for enforcing a judgment for the payment of money by taking possession of a debtor’s goods are set out in: CCR Order 26 (county court) and RSC Orders 46–47 ( High Court) Practice Directions PD RSC 46 and CCR 26 Attendant provisions in Schedule 7 of the Courts Act 2003 and Part V of the County Courts Act 1984 Note: amendments intended by Part 3 of the...
ARCHIVED: This Practice Note is retained for historical context. It addresses failures to adhere to any pre-action protocol and/or the Practice Direction Pre- Action Conduct and Protocols that applied before 6 April 2015, including when such failures may lead to a party being penalised and the forms those penalties might take. For guidance on non-compliance under the revised Practice Direction in force from 6 April 2015, see Practice Note: Non-compliance with pre-action provisions, and more generally the Practice Note: Pre-action behaviour in non-protocol cases— Pre- Action Conduct and Protocols. To view the Practice Direction Pre- Action Conduct and Protocols that operated prior to 6 April 2015, please click: Where paragraph references are provided in this Practice Note, they are to the pre–6 April 2015 Practice Direction, unless stated...
ARCHIVED: This archived Practice Note outlines the data protection framework before 25 May 2018 and sets out the position under the Data Protection Act 1998 ( DPA 1998). It is provided for background purposes only and is not maintained. Background The DPA 1998 regulates the processing of personal data in the UK. It requires those handling such data to observe eight principles and gives individuals the right to know what information is held about them. For details on the principles, see Practice Note: Data protection principles under the DPA 1998. The Information Commissioner’s Office ( ICO) oversees and enforces the DPA 1998. For more information, see the following Practice Notes: The Information Commissioner’s Office ( ICO) Sanctions and enforcement under the DPA 1998 Sections 1 and 2 of the DPA 1998 set out definitions for key terms used throughout the Act and within the...
ARCHIVED : This Practice Note has been archived and is no longer maintained. It reviews the provisions in Regulation ( EC) 44/2001, Brussels I (also called the Judgments Regulation) that govern insurance disputes. The underlying purpose is to protect the insured, as the weaker party, and to prevent them being drawn into court proceedings in a jurisdiction selected by the insurer and likely unfamiliar to them. Where an insurer can be sued Where an insured party may start proceedings Situations where the parties are on an equal footing, eg reinsurer v insurer Note: since 10 January 2015, Brussels I has been repealed in its entirety and replaced by Brussels I (recast). Transitional arrangements have been introduced. For details of those arrangements, and to determine whether Brussels I still applies to the matter you are handling, see Practice Note: E& W Brussels I...
ARCHIVED : This Practice Note is archived and no longer updated. For the 2020 iteration of the rule, refer to: Incoterms® 2020 Rules— CPT Carriage paid to The ICC materials are reproduced here with the authorisation of ICC Publishing SA. These and additional ICC titles can be obtained from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, as well as www.iccwbo.org. Incoterms® 2010 rules were superseded by Incoterms® 2020 rules, effective 1 January 2020. For the CPT Incoterm in force from 1 January 2020, consult Practice Note: Incoterms® 2020 Rules— CPT Carriage paid to. CPT (insert named place of destination) Incoterms® 2010 Guidance note This rule is suitable regardless of the chosen mode of transport and equally applies when multiple modes are utilised within a single...
ARCHIVED: This Practice Note reflects provisions that were revoked on 1 April 2013 and is retained solely for historical reference purposes only. Limits on the level of fees Caps apply to the recoverable costs awarded for advocates’ fees where a party succeeds, namely in the following specific circumstances: a fast track trial — the cap only operates if, at the trial date, the case remains allocated to the fast track a hearing to determine the quantum of damages following a default judgment ( Part 12) or an admission ( Part 14) The relevant provisions are set out in CPR 46, which governs these particular limits......
ARCHIVED: This archived Practice Note outlines background on the reforms to criminal procedure that took effect on 24 February and 7 April 2014 under the Criminal Procedure Rules 2013, SI 2013/1554, and the Criminal Procedure ( Amendment No) Rules 2013, SI 2013/3183. Those instruments have since been revoked. The current criminal procedure framework is contained in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note reflects the law as at 7 April 2014, is not maintained, and is provided for background purposes only. What are the changes which have already been made in 2014? From 24 February 2014, provisions establishing the framework for deferred prosecution agreements ( DPAs) came into force. These measures inserted a new Part 12 into the Criminal Procedure Rules 2013 to set out the procedure for this...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note reviews the framework governing European cross-border procedures as they operated from the UK’s exit from the EU on 31 January 2020 through to the close of the implementation period, which the EU terms the transition period. The applicable regimes are contained in Regulation ( EC) 805/2004, European Enforcement Orders ( EEO), Regulation ( EC) 1896/2006, European Payment Orders ( EPO), and Regulation ( EC) 861/2007, European Small Claims Procedure ( ESCP). Be aware that both Regulation ( EC) 1896/2006, EPO, and Regulation ( EC) 861/2007, ESCP were each revised by Regulation ( EU) 2015/2421. For a handy Brexit research aid also offering answers to key Brexit queries together with useful Brexit updates, research pointers and materials, see: Brexit Bulletin—key updates, research tips and resources. The Practice Note also...
ARCHIVED: This Practice Note is archived and no longer updated. It is not maintained. On 10 May 2022, the Commission introduced the new Vertical Block Exemption Regulation 2022/720 ( VBER 2022). This measure was formally adopted by the Commission. With effect from 1 June 2022, VBER 2022 superseded the former Vertical Restraints Block Regulation 330/2010 ( VBER 2010, also called the VRBE in this Practice Note). This Practice Note was prepared with VBER 2010 in mind. Note—the VBER 2010 lapsed on 31 May 2022 and, from 1 June 2022, was succeeded by the VBER 2022. Under Article 10 of VBER 2022, a 12‑month transition period (ending on 31 May 2023) applied to pre-existing vertical agreements in force on 31 May 2022 that met the exemption criteria under VBER 2010 on 31 May 2022 but did not meet the exemption criteria under VBER 2022....
ARCHIVED On 7 June 2021, a decision appeared in the Official Journal of the EU providing for the following: New standard contractual clauses ( SCCs) for exporting personal data governed by the EU GDPR to countries outside the EEA, available for use from 27 June 2021. The withdrawal, after a grace period, of the earlier international transfer SCCs from 2001, 2004 and 2010. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note concerns the 2004 and/or 2010 SCCs and ceased to be maintained once the new (2021) international SCCs were first issued. Purpose of this Practice Note As outlined in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) imposes limits on...
ARCHIVED: This Practice Note has been archived and is not maintained Stop press: On 30 April 2024, Regulation ( EU) 2024/1183, the European Digital Identity Framework ( EUDI Regulation), was published in the Official Journal of the EU (see: LNB News 30/04/2024 39). The Regulation took effect on 20 May 2024 and amended Regulation ( EU) No 910/2014, the EU e IDAS Regulation. This Practice Note has therefore been archived—for further details on the EU e IDAS Regulation as amended by the EUDI Regulation (also called the Revised EU e IDAS Regulation or EU e IDAS 2.0), see Practice Note: The revised EU e IDAS Regulation ( EU e IDAS 2.0). This archived Note summarises Regulation ( EU) 910/2014 (the e IDAS Regulation), which establishes the legal framework for electronic signatures within the EU. It sets out who may use electronic signatures and the contexts in which they are...
ARCHIVED This Practice Note is archived and is no longer maintained. This tracker collates and outlines significant new and forthcoming legislation and consultations in England and Wales relating to nature and biodiversity. Retained EU law ( REUL) denotes EU-derived rights and instruments kept in UK law after the Brexit transition or implementation period ended at 11 pm on 31 December 2020 ( IP completion day). Assimilated law is the term used for REUL that remains in force after the end of 2023. Re-categorising REUL (and related expressions) as assimilated law marks a shift in its status and treatment under UK law, meaning it is generally interpreted in line with ordinary domestic law and principles. From 1 January 2024, REUL is assimilated into domestic law as it is, in most cases, stripped of EU-derived interpretative effects (for example, the supremacy of EU law, directly...
ARCHIVED : This Practice Note has been archived and is not maintained. Note that, from 6 April 2025, the framework for protection against unfair trading under the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277, has been revoked and replaced by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024). CPUTR 2008 will continue to apply to conduct that occurred before 6 April 2025. For information on the position under DMCCA 2024, see Practice Note: Unfair commercial practices offences under DMCCA 2024......
ARCHIVED : this Practice Note is no longer maintained This note is not updated because it addressed the application of EU free movement rules in the UK before IP completion day, when domestic measures giving effect to those rules were revoked, subject to specified savings and adjustments. For fuller guidance, including the preserved provisions and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. It has been kept in archive for historical reference, as EU law formerly implemented in the UK can still matter in a few limited situations. Historic versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052—including the text immediately prior to revocation—are available on Legislation.gov.uk. For continuing developments of EU free movement in EU Member States, see: Immigration, employment & share incentives ( EU...
ARCHIVED This Practice Note is no longer being updated, as it addressed the implementation of EU free movement law in the UK before IP completion day; on that date, domestic instruments giving effect to EU free movement law were revoked, subject to specified savings and modifications. For more detail, including the relevant savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Note is kept as an archive for historical interest, since EU law as it was formerly implemented in the UK remains pertinent in certain limited circumstances. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, see Legislation.gov.uk. For the continuing evolution of EU free movement law within EU Member States, see: Immigration, employment & share...
ARCHIVED: This Practice Note relates to provisions revoked on 1 April 2013 and is kept for historical reference only. With the establishment of the Supreme Court, the Supreme Court Costs Office became the Senior Courts Costs Office. The associated guide has not yet been reissued and therefore still bears the title Supreme Court Costs Office Guide. Applicable rules In general, parties should ensure they are familiar with CPR 47.14, the relevant sections of the Costs Practice Direction (practice direction 47, Section 40), and the Supreme Courts Costs Office Guide ( SCCO Guide). This note does not set out all of the detail contained in the SCCO Guide. How to apply for the detailed assessment hearing For guidance on making an application for a detailed assessment hearing, see Detailed assessment: how to apply for a hearing (prior to April 2013) [...
Popular documents
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 ]...
Discover more from LexisNexis
