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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 not maintained. Except where an appeal notice was lodged or permission to appeal was obtained before 1 October 2012, it is retained for historic purposes only. For guidance on the provisions currently in force, see Practice Note: Supreme Court—costs, fees and funding. Any rules and practice directions mentioned here will link to the present provisions rather than those effective before 1 October 2012. For the pre- October 2012 position, please refer to the attached pdf documents listed below. CPR 52 (old) CPR PD 52 (old) Costs generally The Court may make whatever order it considers just regarding the costs of any appeal or application for permission to appeal, either at the final determination of the appeal or application, or during the proceedings. Where permission to appeal is granted, the costs of the permission...
ARCHIVED: This archived Practice Note offers background reading on the Model Code and is provided for information only. Following the implementation of Regulation ( EU) 596/2014 ( Market Abuse Regulation), the FCA removed the Model Code. From 3 July 2016, the Chartered Governance Institute (previously called ICSA), alongside the GC100, the QCA and other market participants, issued a guidance note and a series of specimen dealing codes for use by listed and quoted companies. See the Market Abuse Regulation ( MAR) dealing code and policy documents on the Chartered Governance Institute website. This note outlines how the Model Code applied to share incentive issues and scenarios. Its objective was to deter manipulation of the market in a company’s shares by restricting when specified individuals—principally directors and senior executives of a listed company—could deal in that company’s securities. Listed companies were required either to adopt the Model Code or to...
ARCHIVED: This archived Practice Note provides information about the Data Protection and Digital Information Bill introduced to Parliament in March 2023. This bill did not obtain Royal Assent before Parliament was dissolved on 30 May 2024 and consequently dropped from the legislative agenda—see LNB News 29/05/2024 66 and News Analysis: General election announced for 4 July 2024. This Practice Note is supplied for context only and is not updated. For broader developments on data protection reform, see Practice Notes: The Data Protection Act 2018—timeline and UK e Privacy law reform—tracker. This Practice Note outlines principal elements of the Data Protection and Digital Information Bill as published on 6 December 2023 (the Bill), which would have amended: United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) Data Protection Act 2018 ( DPA 2018) Privacy and...
NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY. It reviews the attachment of earnings framework under CCR Ord 27 before 6 April 2016 and the rollout of CPR 89. For any attachment of earnings applications lodged on or after 6 April 2016, proceed under CPR 89. See Practice Note: How to apply for an attachment of earnings order and related content. A judgment creditor may enforce their judgment debt by seeking an attachment of earnings order ( AE Order). In essence, the order requires the judgment debtor’s employer to remit a specified proportion of the debtor’s wages or salary to a collecting officer, who then forwards the sums to the judgment creditor. Such orders are governed by CCR Ord 27 and the Attachment of Earnings Act 1971. They are not generally regarded as a particularly effective enforcement route; however, the possibility of an AE Order can be...
ARCHIVED: This archived Practice Note offers background detail on reforms to criminal procedure that took effect on 7 October 2013 under the Criminal Procedure Rules 2013, SI 2013/1554. Those regulations have since been revoked. The operative rules on criminal procedure are now set out 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 October 2013, is not maintained, and is provided for background information only. Summary of changes to the Crim PR The Criminal Procedure Rules 2013 ( Crim PR 2013) introduced new provisions concerning the following: applications for search warrants, set out in Part 6 of the Criminal Procedure Rules applications and appeals under new legislation governing the retention of fingerprints and DNA samples and profiles ( Part 6) the dismissal of charges sent for...
ARCHIVED: This Practice Note is archived and not maintained. For the 2020 version of the rule, consult Incoterms® 2020 Rules— EXW Ex works. The ICC publications appear here with permission from ICC Publishing SA. These and other ICC publications are available from: ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom www.iccwbo.org Incoterms® 2010 rules were superseded by Incoterms® 2020 rules on 1 January 2020. Under the 2020 rules, the DAT term has been replaced by DPU; see Practice Note: Incoterms® 2020 Rules— DPU Delivered at Place Unloaded. DAT (insert named terminal at port or place of destination) Incoterms® 2010 Guidance note This rule applies regardless of the chosen mode of carriage and is equally suitable where multiple modes are used. ‘ Delivered at Terminal’ means the seller completes delivery when the goods, once...
ARCHIVED This archived Practice Note outlines the data protection regime prior to 25 May 2018 and records the position under the Data Protection Act 1998 ( DPA 1998). It is provided for background purposes only and is not kept up to date. Changes as a result of the General Data Protection Regulation The General Data Protection Regulation, Regulation ( EU) 2016/679 (the GDPR), effective from 25 May 2018, brings major revisions to EU and UK data protection law and, from that date, replaces the DPA 1998 and Directive 95/46/ EC (the Data Protection Directive). For further details, see Practice Notes: Introduction to the EU GDPR and UK GDPR and Rights of data subjects. A data subject is a living person who is the subject of personal data, ie information from which he can be identified. For key definitions under the DPA 1998, see Practice Note: Key...
ARCHIVED: This Practice Note has been archived and is not maintained. It is provided for historical reference only, as it concerns CPR 81 as it stood before 1 October 2020, and Practice Direction 81, which was revoked in its entirety from 1 October 2020. If you are dealing with a committal application after 1 October 2020, refer to the current CPR 81 and the Practice Notes addressing it; see: Contempt and committal—overview. For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see: This Practice Note considers committal proceedings relating to offences under the County Courts Act and certifications by the High Court. It is not designed to address the unique features of the many forms of committal-type steps that may arise where a proposed contemnor breaches the County Courts Act or a High Court...
ARCHIVED : This retired Practice Note is no longer updated and exists solely for background information...
ARCHIVED This archived Practice Note is no longer updated and exists purely for background information...
ARCHIVED This archived Practice Note provides background on the changes to criminal procedure that took effect on 4 April 2016. The Criminal Procedure Rules 2015, SI 2015/1490 have subsequently been amended on numerous occasions. See Practice Note: The Criminal Procedure Rules. This Practice Note states the law as at 4 April 2016 and is not maintained. It is for background information only. The Criminal Procedure Rules received their annual consolidation in the Criminal Procedure Rules 2015, SI 2015/1490 ( Crim PR), and set out the rules and procedures relating to the conduct of criminal litigation in England and Wales. On 4 April 2016, the Crim PR will be updated to include a number of new rules and to amend certain existing rules in accordance with the Criminal Procedure ( Amendment) Rules 2016, SI 2016/120. This Practice Note highlights the key additions and...
ARCHIVED This case tracker has been archived and is not maintained. It presents a selection of significant pensions judgments issued in 2013–2014. Grenville Holden Hampshire v Board of the Pension Protection Fund Case Name and Reference Number Grenville Holden Hampshire v Board of the Pension Protection Fund — A3/2015/0237 Decision, Representation, Court and Judgment Date, Citation Grenville Holden Hampshire appealed a determination of the Pension Protection Fund ( PPF) Ombudsman in the High Court, contending that: the government had breached the EU Archived Insolvency Directive ( Archived Directive 80/987/ EEC, superseded by Archived Directive 2008/94/ EC on materially identical terms), which requires member states to ensure scheme members receive at least 50% of their benefits where the employer is insolvent; and the Directive has direct effect on UK legislation, requiring domestic law to be interpreted as containing that...
ARCHIVED: This archived Practice Note is not maintained and is supplied for background purposes only. In addition, some links may no longer direct to the provisions as they stood on the date this guidance was issued. For details of earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. The changes appear in the Civil Procedure ( Amendments No 4) Rules 2015, SI 2015/1569 ( L20) and the 81st Update PD Making Document. Early Neutral Evaluation— CPR 3.1 Rule 3.1 on the court’s general case management powers has been revised to make clear that those powers extend to hearing an Early Neutral Evaluation. The justification for this alteration is recorded in the CPR Committee minutes of 12 June 2015. See Practice Note: Early neutral evaluation. Litigants in person—new CPR 3.1A A new rule 3.1A has been added, setting out how the court should...
ARCHIVED: This archived Practice Note is no longer maintained and is supplied solely for background reading. In addition, certain links may not point to the provisions as they stood when this guidance was published. Note: this Practice Note deals solely with the provisions that took effect in April 2013. It does not address any later procedural amendments (to the CPR or any other procedural rules), nor does it cover the implementation or interpretation of the April 2013 updates (or any later changes). For commentary on the Jackson Reforms one year later and on subsequent CPR updates, see Practice Note: Jackson Reforms—one year on [ Archived] and CPR updates—overview. On 1 April 2013 the Jackson Reforms, among other changes, introduced new case management provisions; the principal measures are considered below. For general information on case management, see Case...
ARCHIVED: This Practice Note has been archived and is not maintained. What is the IPA? The Insolvency Practitioners Association ( IPA) is an approved professional body responsible for granting authorisation (licensing) to insolvency practitioners ( IPs) pursuant to the Insolvency Act 1986 ( IA 1986). It is the sole recognised regulatory body devoted exclusively to insolvency. For more details, please consult the IPA website for further information. What is the Insolvency Practitioners' Handbook? The 12th edition of the Insolvency Practitioners' Handbook 2024 ( England, Wales, Scotland and Northern Ireland) consolidates, in a single handy volume, the principal guidance and codes that IPs—and those preparing for insolvency exams—need readily to hand. Parts of the handbook may also assist solicitors in practice, particularly section 2 on Statements of Insolvency Practice ( SIPs) in the UK. For more on SIPs, please see our Practice Note: Statements of...
ARCHIVED: This Practice Note is archived and is not maintained. This Horizon scanner reviews recent and forthcoming developments relevant to Dispute Resolution ( DR) lawyers as at October 2024. It reflects changes since the June 2024 edition: Dispute Resolution— Horizon scanner— June 2024. Hot topic— New Supreme Court Rules Substantial reforms to Supreme Court procedure will take effect when the Supreme Court Rules 2024 ( SCR 2024) come into force on 2 December 2024, under the Supreme Court Rules, SI 2024/949. The SCR 2024 revoke and replace the SCR 2009. However, practitioners should note that the SCR 2009 will continue to govern: appeals already in progress before 2 December 2024 applications for permission to appeal lodged before 2 December 2024 notices of appeal submitted prior to 2 December 2024 That said, the court or the registrar may order that the SCR 2009 do not...
New and updated content 2024— Risk & Compliance [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. For more information, see subtopic: New and updated content in Risk and Compliance. This Practice Note sets out, on a month-by-month basis, whether we have made substantive amendments to existing content or published new material in Risk & Compliance during 2024. Content may have been added or amended to reflect regulatory changes or as part of our ongoing programme of content development. New or updated? Content and comments: December 2024 Updated Practice Note: Financial sanctions compliance—examples of good (and poor) practice: revised to reflect updates to chapter 7 of the FCA financial crime guide and good practices highlighted in the SRA’s Anti- Money Laundering Report 2023–24. Updated Precedent: Financial sanctions policy: updated to reflect the Sanctions ( EU Exit) (...
ARCHIVED : This retired Practice Note is no longer updated and exists solely for background information...
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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