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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 no longer updated and serves for background information only...
ARCHIVED: This Practice Note is archived, not updated, and offered solely for background information purposes...
ARCHIVED This Practice Note has been archived, is not updated, and for background information only...
ARCHIVED This Practice Note is archived, not maintained, and available purely for background information only...
ARCHIVED: This archived Practice Note outlines which statutes and guidance were repealed, revoked, replaced or withdrawn following implementation of the Care Act 2014. It is no longer maintained and is provided for background purposes only. With parts of the Care Act 2014 ( CA 2014) commencing in April 2015, a range of statutory provisions and guidance were repealed, revoked or cancelled. Orders have been, and will continue to be, made under CA 2014 to give effect to these changes. The timetable for bringing the remainder of CA 2014 into force is still uncertain. The cap on care costs and the duty on local authorities to meet the eligible needs of self‑funders in care homes have been deferred until April 2020. The proposed appeals system for care and support has also been postponed. Guidance appeared in October 2014, with corrective guidance issued in March 2015, and it is...
Archived This Practice Note compiles News Analysis spanning 1 February 2020 to 31 December 2020, i.e. after exit day up to IP completion day. It addresses a variety of matters arising from Brexit for dispute resolution ( DR) lawyers. For News Analysis on developments since exit day, see Practice Notes: Dispute Resolution News Analysis— Brexit [ Archived] Dispute Resolution News Analysis— Brexit (up to exit day) [ Archived] For wider coverage of the legal framework and Brexit’s effects, consult the Brexit collection, which links to Practice Notes, Checklists and Q& As, as well as News Analysis and Legal Updates across diverse practice areas. 2020 31/12/2020 — UK– EU data flows, adequacy and regulatory changes from 1 January 2021: The EU– UK Trade and Cooperation Agreement ( TCA) contains a chapter on data movements and personal data protection, bringing positive news for data...
ARCHIVED This archived Practice Note is not updated and serves solely as background information only...
ARCHIVED: This Practice Note rests on rules revoked on 1 April 2013 and is retained solely for historical reference purposes. Since the establishment of the Supreme Court, the Supreme Court Costs Office is now styled the Senior Courts Costs Office. The companion guide has not yet been reissued, so it continues to be referred to as the Supreme Court Costs Office Guide at this time. Who applies for the hearing? It is the receiving party’s duty to seek the detailed assessment hearing. They may do this by filing a request for a detailed assessment hearing once the points of dispute have been served. The receiving party must lodge the request within 3 months of expiry of the period for commencing detailed assessment proceedings (as specified in the table at r 47.7 or by the court). How are the proceedings...
ARCHIVED This Practice Note is founded on provisions revoked on 1 April 2013 and is maintained for historical purposes only. It provides guidance solely on challenging the decision of an authorised court officer in detailed assessment proceedings, and does not extend to appeals against a detailed assessment decision made by a costs judge... Appeals from an authorised court officer in detailed assessment proceedings The process for appealing a decision by an authorised court officer in detailed assessment proceedings is contained in r 47.20–47.23 and CPR PD 47.1–48.4. Note: Part 52 does not apply to an appeal of a detailed assessment hearing from an authorised costs officer. The appeal lies to a costs judge or to a district judge of the High Court (r 47.21 and CPR PD 47, para 48.2). There is no need to obtain permission to appeal, nor to request written reasons ( CPR PD 47, para...
ARCHIVED: This archived Practice Note is no longer updated and serves solely as background information...
ARCHIVED: This Practice Note is no longer updated and is for background information purposes only...
New and updated content 2025— Risk & Compliance [ Archived] This Practice Note is archived and no longer maintained. For further details, see the subtopic: New and updated content in Risk and Compliance. Month by month, it indicates whether substantial revisions were made to existing materials or if new content was released in Risk & Compliance during 2025, reflecting regulatory change or our ongoing content development. December 2025 Updated Practice Note: A- Z of corporate fraud — references switched from Action Fraud to Report Fraud, with additional guidance on using Report Fraud. Updated Practice Note: Cybercrime—list of relevant authorities — as above. Updated Practice Note: How to respond to client account fraud — as above. Updated Practice Note: Criminal records—asking questions and DBS checks — revised for the Safeguarding Vulnerable Groups Act 2006 ( Prescribed Purposes) Regulations 2025, SI...
ARCHIVED: This Practice Note has been archived and is not maintained Employment law dates for your 2024 diary This Practice Note provides a concise overview of major legal developments that affected employment lawyers throughout 2024. It outlines, month by month, the key dates relevant to the profession, arranged chronologically and spanning case law, legislation and consultations. The schedule is designed to help practitioners track significant milestones across the year with clear references to subject areas and event types. Further detail and related news coverage are available in the following resources: Case tracker— Employment Archived—2024 Case tracker— Employment Legislation tracker— Employment Archived—2023 Legislation tracker— Employment Consultation tracker— Employment January 2024 1 January 2024 — Legislation in force — Brexit and retained EU law: The Retained EU Law ( Revocation and Reform) Act 2023 ( Commencement No......
ARCHIVED: This Practice Note has been archived and is not maintained This case tracker outlines notable judgments and opinions from the EU General Court and the Court of Justice issued from 1 January 2024, of potential interest to energy lawyers. The tracker is split into: the General Court of the European Union the Court of Justice of the European Union For more on EU energy legislation introduced in 2024, see Practice Note: EU energy tracker 2024. For 2025 developments, consult: EU energy tracker 2025 EU energy cases tracker 2025 General Court of the European Union Nord Stream 2 v Commission ( Case T-526/19) — Judgment: 27 November 2024 Energy — Internal market in natural gas — Directive ( EU) 2019/692 — Amendments to Directive 2009/73/ EC — Legal certainty — Equal treatment — Proportionality — Misuse of powers — Procedural...
ARCHIVED: This Practice Note has been archived and is not maintained. This legislation tracker captures laws that took effect in 2024, presented in chronological order. It also references the Private Members’ Bill that lapsed at the end of the 2023–24 parliamentary session on 30 May 2024, when Parliament was dissolved ahead of the General Election on 4 July 2024. Where relevant, it provides links to news coverage and parliamentary Bills offering comprehensive details on the applicable legislation. For details on measures that have recently commenced or are due to come into force shortly, see Practice Note: Legislation tracker— Employment. Information on legislation commencing after 2024 can be found in Practice Note: Legislation tracker— Employment......
ARCHIVED : This Practice Note has been archived and will not be maintained . This note consolidates material on fiscal milestones across the 2023–24 tax year, beginning with the Spring Budget on 15 March 2023 and running to the anticipated passage through Parliament of Finance Act ( No 2) 2023. For details on the Autumn Finance Bill 2022, which became Finance Act 2023 ( FA 2023) on 10 January 2023, see: 2022–23— Spring Statement, Budget and Finance Bill— Private Client analysis [ ARCHIVED]. For updates on the Parliamentary progress of the Autumn Finance Bill 2022 and the Spring Finance Bill 2023 and their principal measures, see: Tax— Finance Bills 2022–23 tracker. For background on the annual Budget and Finance Bill cycle, see Practice Note: The Budget and Finance Bill process. Finance ( No 2) Act 2024 (previously Finance ( No 2) Bill 2024, also...
ARCHIVED: This Practice Note has been archived and is not maintained. This archived note formerly outlined anticipated legal shifts likely to affect corporate lawyers in 2023 and now serves purely as background. Brexit-related changes remain ones to watch; use the Brexit legislation tracker for statutory instruments, and see the Brexit collection and Brexit timeline. For developments across other topics, consult: Corporate governance horizon scanning—2023 and beyond National Security and Investment Bill—progress tracker UK listing and prospectus regime reform—progress tracker SPAC tracker Dual class share structure tracker Listing Rules tracker Prospectus Regulation Rules tracker UK Prospectus Regulation tracker EU Prospectus Regulation tracker (2001–2020) Disclosure Guidance and Transparency Rules tracker Transparency Directive tracker [ Archived] Market Abuse Regulation—timeline Markets in Financial Instruments Directive ( Mi FID II) and Markets in Financial...
Employment law dates for your 2022 diary This Practice Note summarises the principal legal changes that affected employment lawyers across 2022. The tables that follow present, in chronological sequence, dates important to employment practitioners, spanning cases, legislation and consultations, arranged by month for the year, covering developments across the entire period......
This archived Practice Note outlined the principal legal developments anticipated to affect the corporate governance framework in 2020. It has not been updated since that year. For a broader overview of key legal changes expected to influence corporate lawyers in 2021 and thereafter, see Practice Note: Corporate governance horizon scanning—2021 and beyond. Mini–index January 2020 February 2020 March/ April 2020 May 2020 June 2020 July 2020 September 2020 October 2020 No specific date in 2020 confirmed 2021 and beyond January 2020 1 January 2020: The revised Stewardship Code applies to reporting periods commencing on or after this date. The Financial Reporting Council ( FRC) issued the updated Code, setting robust expectations for those investing on behalf of UK savers and pensioners. It provides a clear yardstick for...
This archived Practice Note set out the principal developments expected to influence the corporate governance landscape in 2017. It has not been updated since 2017. For legal changes from January 2018 onwards, see Practice Note: Corporate governance: horizon scanning—2018 and beyond. You are welcome to share suggestions for topics we should track at Knowhow Lawyers Corporate@lexisnexis.co.uk. Mini-index January 2017 February 2017 April 2017 May 2017 No specific date in 2017 confirmed January 2017 Non- Financial Reporting Directive 2014/95/ EU ( Reporting Directive): UK disclosure duties under the Reporting Directive apply to financial years commencing on or after 1 January 2017. The Directive amends the EU Accounting Directive 2013/34/ EU, adding reporting obligations for certain companies with more than 500 employees. Required disclosures cover company policies, environmental risks, social and workforce matters, respect for human rights,...
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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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