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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 archived Practice Note is retained for historical interest and to assist practitioners handling cases in which the earlier provisions still apply and continue to have effect. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012) introduced substantial alterations to the scheme governing the making of a defendants’ costs order ( DCO) under the Prosecution of Offences Act 1985 ( POA 1985), applying to all proceedings on or after 1st October 2012. See Practice Note: Recovering acquitted defendants’ costs in criminal proceedings. For proceedings started before 1st October 2012, the approach to awarding costs remains that contained in the POA 1985 as it stood before amendment by LASPO 2012. The relevant provisions are set out and explained below. Under the Prosecution of Offences Act 1985, Part II ( POA 1985), acquitted defendants who have funded their litigation privately may recover their costs from...
This archived Practice Note was previously included within the Corporate toolkit for public company takeovers. It covered how to declare an offer unconditional as to acceptances, addressing how the acceptance condition operates, how acceptances are counted, and what must be announced. Alongside the mechanics of the acceptance condition, it summarised how acceptances should be counted and what announcements were required under the applicable rules. It has not been updated following the Takeover Code’s July 2021 revision. Changes to the Code In March 2021 the Panel confirmed it would press ahead with amendments to the Code concerning the handling of offer conditions and the timetable for contractual offers. Among the revisions, the previous split between the deadline for satisfying the acceptance condition and the deadline for fulfilling or waiving the other offer conditions will disappear. Instead, the Code will require every condition to an offer to be met by Day...
CASE HUB ARCHIVED This archived case hub records the position as at the decision date of 13/06/2014; it is no longer maintained. Case facts Outline OFT Article 101 TFEU/ Chapter I investigation concerning DB Apparel UK Limited ( DBA) and three department stores for fixing resale prices of sports bras......
ARCHIVED This archived Practice Note outlines the data protection regime in place before 25 May 2018 and reflects the position under the Data Protection Act 1998 ( DPA 1998). It is provided for background only and is not updated. It identifies and explains the main exemptions available under the DPA 1998. When does the DPA 1998 apply? Before invoking any exemption, you should first determine the underlying obligation it concerns and why the exemption is needed. The first step is to confirm whether the DPA 1998 applies at all and, if it does, what it requires. This depends on: the nature of the information (personal data) the operations carried out on that personal data (processing) the equipment and/or the location used for processing which party bears the duties (data...
ARCHIVED : This Practice Note is archived, not maintained, and provided solely for background information purposes...
ARCHIVED: This Practice Note is archived, not maintained, and provided solely for background information purposes...
ARCHIVED: This archived Practice Note is no longer updated, now serving solely as background information...
This Archived Practice Note summarises the general baseline coronavirus ( COVID-19) rules, covering the adapted regional tiers alongside the nationwide measures that operated in England up to 19 July 2020, applying to business premises, including those authorised to sell food and drink, alcohol or provide entertainment, until all formal limits were withdrawn. Although the government advises continued caution, formal restrictions have been removed, with the caveat that they could be reinstated if public health conditions necessitate it. Measures introduced by government to limit the spread of coronavirus ( COVID-19) have altered substantially over the course of the pandemic, shifting from national lockdown to more nuanced action in areas with heightened transmission, so tracking developments can be difficult for practitioners and their clients. This Practice Note is intended to provide a reference point for the rules currently in force in England. For national...
ARCHIVED: This Practice Note sets out the range of Coronavirus ( COVID-19) international travel and quarantine guidance issued, and supplies tracked-change editions that mark revisions from one release to the next, allowing practitioners to determine swiftly which version of the relevant guidance was operative on any particular date. It is not updated and is provided for background reference only Distinct sections of the Practice Note include: Roles that qualify for travel exemptions Test to Release for international travel Testing before you travel to England Red list of countries and territories Travelling to England from another country during coronavirus DHSC: booking and staying in a quarantine hotel if you have been in a red list country How to self-isolate if you test positive for coronavirus ( COVID-19) after international travel Managed quarantine: what to expect Employer testing duty ...
ARCHIVED: This Practice Note is archived and is not being maintained... Except where an appeal notice was filed, or permission to appeal was obtained, before 1 October 2012, this Practice Note is for historic purposes only... For guidance on the current provisions, see: Civil appeals to the Court of Appeal—overview Starting an appeal in the Court of Appeal Conducting an appeal in the Court of Appeal Appeals to the Court of Appeal—bundles Further, any CPR rules and practice directions mentioned in this guidance will link to the provisions presently in force, and not to those that applied before 1 October 2012... For the pre- October 2012 provisions, please refer to the attached PDF documents: CPR 52 (old) CPR PD 52 (old) Is the Court of Appeal bound by its own previous decisions? The general position is that the Court of Appeal is bound by its own...
ARCHIVED: This Practice Note is archived and no longer updated. Note: CPR PD 51S was revoked with effect from 11 am on 1 March 2022, yet it still applies to claims commenced under the pilot on or before 28 February 2022—see: LNB News 02/03/2022 34— Civil Procedure Rules 141st Practice Direction update—in force 1 March 2022 and LNB News 21/02/2022 58— CPRC repeals County Court Online Pilot. County Court damages claims can be brought under the Damages claims pilot scheme in CPR PD 51ZB—see Practice Note: Damages claims pilot scheme— CPR PD 51ZB. For the version of CPR PD 51S that applied before repeal, see: For guidance on County Court money claims, consult Practice Notes: Online Civil Money Claims pilot scheme— CPR PD 51R, County Court Money Claims—how and where to issue, and County Court Money Claims—transfer and jurisdiction of legal...
ARCHIVED: This Practice Note is archived, and is no longer maintained. This Practice Note summarises and collates the paragraphs from the old Practice Direction 3E concerning costs management orders and indicates the corresponding new or existing provisions in CPR PD 3E that superseded them on 1 October 2020 under both the Civil Procedure ( Amendment No 3) Rules 2020, SI 2020/747, and the 122nd Update— Practice Direction Amendments. Previous practice direction provision, existing or new rule, and comment: Practice Direction 3E, para 7.1: Where costs budgets are filed and exchanged, the court would ordinarily and usually make a costs management order under rule 3.15. If such an order is made under rule 3.15, the following paragraphs then apply where appropriate. Existing rule: CPR 3.15(2): Where costs budgets have been filed and exchanged, the court will make a costs management order unless it is...
ARCHIVED: This archived Practice Note provides a concise outline of the amendments made to the CPR that came into force on 1 October 2020 in relation to contempt proceedings under CPR 81 (also known as ‘committal proceedings’). It is essential reading for practitioners who are considering or facing contempt proceedings, particularly for understanding the policy reasons for the changes and for construing pre‑1 October 2020 case law about contempt. Unless stated otherwise, each reference to CPR 81 in this Practice Note is to the version of CPR 81 that has been in force since 1 October 2020. It is not maintained and is offered purely for background information. For information on the position before 1 October 2020 for proceedings for contempt of court, see: Contempt and committal—overview. With the passage of time these reforms have become accepted as the norm; however,...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the legal framework, guidance and practice concerning the protection of consumers against unfair trading. It examines the principal elements of the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008)—notably unfair commercial practices such as misleading acts, deceptive omissions, aggressive conduct and prohibited practices—and reflects on the amendments that the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) is set to introduce. It also touches on the criminal offences under CPUTR 2008, mechanisms for enforcement, and consumers’ private rights to redress. As to the DMCCA 2024, in July 2021 BEIS—now the Department for Business and Trade—opened consultation on reforms to competition policy, consumer rights and the enforcement of consumer law......
ARCHIVED : This Practice Note has been archived and is no longer maintained. Rationale In any cross-border matter that triggers a formal insolvency process, practitioners examine the potential jurisdictions for commencing proceedings, weighing the pros and cons of each option. The doctrine of centre of main interests ( COMI) within Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency [ EU Recast Regulation on Insolvency], together with the UNCITRAL Model Law on Cross- Border Insolvency (see UNCITRAL Model Laws—overview), means that, where time allows, advisers may engage in forum shopping to shift a company’s COMI (wherever it is incorporated) to a jurisdiction offering a more advantageous restructuring or insolvency framework (see Practice Note: Forum shopping and practical ways to move COMI). European states may accordingly adapt their legislation, in particular to enable stays, cram down and debtor in...
ARCHIVED: This Practice Note relies on provisions repealed on 1 April 2013. It is kept for historical reference only... Codes of conduct and pilot schemes This Practice Note explains the costs information that must be provided to the client. Although various solicitors’ codes of conduct have dealt with this since 1999, this Note describes the position from 6 October 2011 to 31 March 2013. For the provisions that applied beforehand, see Practice Note: Costs information obligations prior to the 2011 Solicitors’ Code of Conduct [ Archive]... These obligations should also be read alongside the requirement to supply costs estimates, which must be filed at court and served on the parties (and on the client) under the old Practice Direction 44, para 6. For further details, see Practice Note: Costs estimates [ Archived]... You should also note the costs management pilot operating in the Mercantile and TCC courts, which...
ARCHIVED : The UK’s withdrawal from the EU means UK courts can no longer refer questions to the Court of Justice. Previously, such references were made under the former CPR Part 68 and its associated practice direction; both were revoked at IP completion day (31 December 2020 at 11 pm). The old Part 68 and Practice Direction 68 remain available to view For guidance, see: Practice Note: Brexit post implementation period— CPR changes [ Archived], especially the main section: Part 68— References to the European Court News Analysis: Brexit next steps: The Court of Justice of the European Union and the UK Definitions and rules This Practice Note refers to the following: Rules of Procedure of the Court of Justice—referred to as the Rules of Procedure Court of Justice practice directions to the parties concerning cases brought before the...
ARCHIVED: This Practice Note is archived, no longer maintained, and provided for background information purposes only...
ARCHIVED: This archived Practice Note is not maintained and is for background use only. In addition, some links may not lead to the provisions as they stood when the guidance in this Practice Note was issued. For details of earlier and/or later CPR amendments, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note outlines the changes to Practice Directions in the 96th Making Document dated 22 March 2018. The 96th Making Document was provided by the Ministry of Justice on 9 April 2018. Two Practice Directions are amended to prolong the duration of the schemes, while more significant revisions affect the Online Court Pilot. Practice Direction 51O— The Electronic Working Pilot Scheme: extension of the scheme length. Practice Direction 51P— Pilot for Insolvency Express Trials: extension of the scheme length. Practice Direction 51R— Online Court Pilot:...
ARCHIVED This Practice Note is archived, not updated, and provided solely for background information purposes...
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 ]...
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