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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 guidance, now archived, from July 2009, was issued by The Chartered Governance Institute (previously ICSA: The Governance Institute) ( CGI), regarding......
ARCHIVED: This Practice Note is archived and is no longer maintained. Relevant news analysis The Lexis+® UK teams routinely publish analysis on the Prospectus Regulation; key items are summarised below. 27 August 2024 — Key points from UK prospectus regime reform consultation. Law360, Expert analysis: Following the FCA’s 26 July 2024 consultation paper proposing changes to the UK prospectus regime, this article highlights the principal proposals and their effects on initial public offerings and secondary equity issuances for securities admitted to trading on a UK regulated market (for example, the London Stock Exchange’s main market) or a UK multilateral trading facility (for example, the Alternative Investment Market). By Vanessa Blackmore, partner, Ben Perry, partner, and Matthew Triggs, practice area associate, at Sullivan & Cromwell LLP. 27 January 2023 — 7 areas to look out for in the Edinburgh Reforms package. Law360, Expert...
Relevant articles The Journal of Renewable Energy Law and Policy has ceased publication, and no additional issues will appear. It served as a forum for analysis and debate, across Europe and globally, on legal and policy matters tied to renewable energy. The journal tracked the rapid, continually evolving developments worldwide in the sector—from bio-energy, solar and wind power to emerging technologies such as fuel cells and nuclear fusion. The articles listed here may interest energy lawyers and are accessible via links on this page. Access is restricted to Lexis®Library subscribers. For comparable article lists on Lexis®Library, see: Practice Note: Journal of World Energy Law and Business articles Practice Note: The Utilities Law Review articles Publication Date Article Jurisdiction Brief description of article 1 April 2023 — Marine spatial planning and offshore wind: preliminary principles for Australia (2023)— RELP 2-3: pp 48–56 —...
ARCHIVED This archived Practice Note includes PDF versions of the various Health and Safety Executive ( HSE) coronavirus ( COVID-19) working safely guidance, as it was last published on 31 March 2022. From 1 April 2022, the HSE working safely advice was withdrawn, and HSE’s coronavirus content has been condensed into a single page: Coronavirus ( COVID-19)— Advice for workplaces. This change reflects the shift from COVID-19 restrictions to public health advice and provides links to general guidance on: ventilation in the workplace infections at work For those advising on pending and potential matters involving possible employer liability for work-related claims, the prevailing government and HSE......
ARCHIVED: This Practice Note has been archived and is not maintained. A significant restructuring of the UK listing regime came into effect on 29 July 2024, removing the premium and standard listing segments and establishing a single listing category covering equity shares issued by commercial companies. That commercial companies category is highly disclosure-driven, and it operates alongside other categories, including shell companies, secondary listings, and closed-ended investment fund categories. To give effect to these changes, the UK Listing Rules sourcebook came into force, while the previous Listing Rules sourcebook was revoked. For further information and context, see Practice Note: Reform of the UK listing regime—fundamentals. This Resource Note describes the regime as it stood before 29 July 2024 and is retained solely for reference purposes. It signposts relevant commentary, analysis and resources designed to help with interpreting, and to provide practical guidance on...
ARCHIVED: This Practice Note is archived and no longer updated. It was originally prepared to reflect the former Vertical Restraints Block Exemption Regulation 330/2010 ( VBER 2010). In the UK, that regime was superseded by the Competition Act 1998 ( Vertical Agreements Block Exemption) Order 2022 ( VABEO) with effect from 1 June 2022. VBER 2010, which had continued in UK law as a retained EU block exemption, lapsed on 31 May 2022 and, from 1 June 2022, was replaced by VABEO. Article 15 VABEO introduced a 12‑month grace period, running to 1 June 2023, to cover pre‑existing vertical agreements in force before 1 June 2022 that, immediately before that date, complied with the exemption criteria under VBER 2010 but did not meet the exemption conditions under VABEO. Accordingly, this Practice Note is provided solely for background. For analysis of vertical agreements under VABEO, see:...
ARCHIVED This Practice Note is archived and is no longer maintained. A major overhaul of the UK listing regime took effect on 29 July 2024, abolishing the premium and standard listing segments and introducing a single listing category for equity shares issued by commercial companies. That commercial companies category is strongly disclosure-led and sits beside other categories, including the shell companies, secondary listing and closed ended investment fund categories. To implement these reforms, the UK Listing Rules sourcebook came into force and the previous Listing Rules sourcebook was revoked. For more detail, see Practice Note: Reform of the UK listing regime—fundamentals. This Resource Note summarises the regime as it stood before 29 July 2024 and has been kept for reference. It brings together relevant materials, commentary, analysis and resources to aid interpretation of, and deliver practical guidance on, Chapter 9 of the former Listing Rules that...
Archived: This document has been archived and is no longer being maintained. European Commission The official website of the European Commission contains: key legislative texts delegated and implementing acts supporting background documents The European Commission website with information on the Prospectus Regulation can be accessed here. Eur- Lex supplies......
ARCHIVED: This Precedent is archived and is no longer maintained. NOTE: save where an appeal notice was filed, or permission to appeal obtained, before 1 October 2012, this practice note is for historical purposes only. For guidance on the current provisions governing the respondent’s notice, see Practice Note: Responding to an appellant’s notice—the respondent’s notice. Further, the CPR rules and practice directions referred to in this guidance link to the provisions now in force, and not those effective before 1 October 2012. For the pre‑ October 2012 provisions, please see the attached pdf documents: CPR 52 (old) CPR PD 52 (old) Responding to the appellant’s notice When should a response be made? In the majority of cases where an appellant’s notice exists, the respondent will be required to file a respondent’s notice. If the respondent takes no action, they may rely only on...
Archived: This Practice Note draws on provisions that were revoked on 1 April 2013. It is accordingly preserved for historical reference only. What is a statement of costs? For the court to properly evaluate the parties' expenditure, the party applying for a costs order against an opponent must produce a 'statement of costs' in Form N260. This document details every item of expenditure claimed in the application or action, covering the entirety of the matter. The particulars to be included in Form N260 are prescribed by Practice Direction 44, paragraph 13.5(2). Costs of producing the statement of costs In certain matters, preparing the statement can be time-consuming and detailed. Surprisingly, there is no authority determining whether the expense of compiling it is recoverable. Solicitor recovery of costs from the client It can be contended that such costs ought not to be recoverable at all, since a solicitor should in any event...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It is provided purely for historical reference, as it describes Part 36 of the CPR as it stood before 6 April 2015. 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 that address this, see: Part 36 offers—overview. Where you have made, or are in receipt of, a Part 36 offer that predates 6 April 2015, the version of the Part 36 rules in force before that date will apply. A copy of the pre‑6 April 2015 Part 36 rules can be accessed here: If you have made, or hold, a Part 36 offer predating 6 April 2015, but a trial of any part of the claim, or any...
ARCHIVED This Practice Note has been archived and is no longer maintained. It examines the provisions of Regulation 44/2001, Brussels I—also referred to as the Judgments Regulation—concerning consumer disputes. These rules are intended to protect consumers, recognised as the weaker party to a contract. The Note sets out the meaning of ‘consumer’ and reviews the various categories of consumer contracts. It further explains how jurisdiction is determined, differentiating between situations where the consumer is the claimant and where the consumer is the defendant, and identifies the different consumer types alongside the forms of contracts they may enter into. Note: from 10 January 2015, Regulation 44/2001, Brussels I was repealed in its entirety and replaced by Regulation 1215/2012, Brussels I (recast). Transitional arrangements apply. For details of those arrangements, and whether Regulation 44/2001, Brussels I still governs the matter you are addressing, see Practice Note: E& W...
ARCHIVED: This Practice Note relies on provisions that were revoked on 1 April 2013 and is retained solely for historical reference purposes only. Making an offer When acting for the receiving party, it can be prudent to commence settlement talks with the paying party once the overall costs figure is finalised, with a view to saving the time and significant expense of detailed assessment proceedings. CPR 47.19 sets out a process allowing either the paying or receiving party to make a written proposal to resolve the costs of the proceedings that gave rise to the assessment, expressly stated to be 'without prejudice save as to the costs of the detailed assessment proceedings'......
ARCHIVED: This guidance, archived, dates to July 2003 and was updated in 2013, issued by The Chartered Governance Institute (formerly ICSA: The Governance Institute) ( CGI) in partnership with a......
ARCHIVED This Practice Note is archived and no longer maintained. It brings together key examples of Public Law material that deal with issues relevant to EU law. Brexit Brexit—overview Brexit highlights—overview Brexit collection Brexit FAQs Retained EU law Retained EU law and assimilated law Retained EU law—a practical guide Assimilated law and retained EU law—quick guide Retained EU law—flowchart [ Archived] Retained EU law—training materials [ Archived] Retained EU law—a guide......
ARCHIVED This Practice Note is archived and no longer updated. It collates closed legislative proposals, published judgments and completed consultations from 2022–24 that are absent from the current Copyright and databases tracker— EU because they do not relate to this year. To monitor live legislative proposals, relevant judgments, consultations, guidance and reports on EU copyright and databases, see Practice Note: Copyright and databases tracker— EU. For earlier archived material before 2022, see Practice Note: Copyright, media and digital tracker 2017–2021 [ Archived]. Legislation, consultations, guidance and reports For current legislation, consultations, guidance and reports, see Practice Note: Copyright and databases tracker— EU— Legislation, consultations, guidance and reports. For archived developments before 2022, see Practice Note: Copyright, media and digital tracker 2017–2021 [ Archived]. What's happening? When? Find out more The EU’s harmonised rules on artificial intelligence, Regulation ( EU) 2024/1689 (the EU AI Act) 1 August 2024: EU AI Act...
ARCHIVED This Practice Note has been archived and is no longer maintained. STOP PRESS This tracker has been replaced by Practice Note: EU artificial intelligence—key developments tracker, which follows key future developments in EU AI law, and Practice Note: EU artificial intelligence—key developments tracker, which captures key past developments in EU AI law. This tracker outlined key dates and details on legal issues linked to the development of artificial intelligence ( AI) technology in the EU, including these principal AI legislative initiatives: EU AI Liability Directive (withdrawn) Council of Europe convention on artificial intelligence, human rights, democracy and the rule of law (adopted) EU AI Act (adopted) It also set out timelines for: Implementing and delegated acts related to the EU AI Act EU and international AI guidance Other AI materials For more information, see: Initiatives related to data in AI—...
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998 ( DPA 1998). This Practice Note is for background purposes only and is not kept up to date. Under the DPA 1998, data controllers handling personal data must observe the following eight principles: Principle 1: personal data must be processed fairly and lawfully Principle 2: personal data must be collected only for specified and lawful purposes Principle 3: personal data must be adequate, relevant, and not excessive Principle 4: personal data must be accurate and maintained up to date Principle 5: personal data must not be retained longer than necessary Principle 6: personal data must be processed in line with the rights of data subjects Principle 7: safeguards must exist against...
ARCHIVED This retired Practice Note is no longer updated and exists solely for background information purposes...
ARCHIVED: This archived Practice Note is no longer updated and exists solely for background information...
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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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