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
This archived tracker collates key developments, legislation, official guidance and briefing notes on the coronavirus ( COVID-19) response, prioritising updates pertinent to local government up to the end of formal legal restrictions on 18 July 2021. Topics are presented alphabetically to reflect the local government homepage, and it notes legislation and guidance applying to local authorities during the COVID-19 outbreak. Jump to: Highlights Brexit timeline—impact of Coronavirus ( COVID-19) Coronavirus ( COVID-19)—children’s social care tracker [ Archived]; education tracker [ Archived]; governance tracker [ Archived]; healthcare tracker [ Archived]; highways tracker; judicial review tracker; licensing tracker [ Archived]; public procurement tracker [ Archived]; social care tracker [ Archived]; social housing tracker [...
Coronavirus ( COVID-19)-related legislation of relevance to employment practitioners ARCHIVED: This Practice Note is archived and is not being maintained. Where appropriate, links to news coverage giving full details of the relevant legislation are included. For a general Coronavirus ( COVID–19) legislation tracker, see Practice Note: Coronavirus ( COVID-19)—legislation tracker [ Archived]. Commencement date (unless otherwise indicated) Legislative change 30 November 2024 Coronavirus: Temporary Justice Measures ( Scotland) The Coronavirus ( Recovery and Reform) ( Scotland) Act 2022 ( Extension and Expiry of Temporary Justice Measures) Regulations 2024, SSI 2024/322, prolong for a further 12 months certain temporary justice measures in the Coronavirus ( Recovery and Reform) ( Scotland) Act 2022 applicable in Scotland, shifting the expiry from 30 November 2024 under SSI 2024/360 (see below) to 30 November 2025, see LNB News 07/11/2024 16. 20 September 2024 Coronavirus: Remote hearings ( Northern...
ARCHIVED: This Practice Note sets out the different iterations of guidance and advice issued by Acas, the Cabinet Office, HMRC and the UK Health Security Agency ( UKHSA) (previously Public Health England ( PHE)), and includes tracked-change editions that display amendments from one release to the next, helping practitioners quickly identify which version of the applicable guidance was in force on any specific date. It is no longer updated and is provided solely as background material. In every instance, the guidance versions appear in reverse chronological sequence, with the latest first. For a guidance tracker covering: the various iterations of current guidance and advice from the Department for Business, Energy & Industrial Strategy ( BEIS), see Practice Note: Coronavirus ( COVID-19)—guidance tracker for employment ( BEIS working safely guidance to 1 April 2022) [ Archived] and Coronavirus (...
This archived tracker centred on children’s social care and was created to monitor key developments, legislation, guidance, parliamentary briefing notes and other items of interest linked to coronavirus ( COVID-19) and children’s social care up to 18 July 2021, where relevant to local government lawyers. It aimed to offer a straightforward reference point for material useful to lawyers working in or with local authorities during coronavirus. Refer to Practice Note: Coronavirus ( COVID-19)—local government tracker up to 18 July 2021 [ Archived]. For developments after 18 July 2021, see Practice Note: Coronavirus ( COVID-19)—local government tracker—post July 2021. Primary legislation Coronavirus Act 2020 ( CA 2020) — ss 14, 15; Sch 12 When in force: 31 March 2020 Development: Regulations easing children’s social care duties Find out more:...
ARCHIVED: This tracker is archived and no longer updated. For an overview of Court of Protection cases from 2025 onwards, see: Court of Protection—table of cases. P, Re ( Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 ( T2) Court of Protection determines it has jurisdiction to consider whether P’s mother should continue as property and affairs deputy The proceedings related to P, an adult who sustained a brain injury in an accident and had a substantial personal injury claim. His mother had been appointed by the Court of Protection as his property and affairs deputy, and the present decision addressed an application seeking to revoke that appointment. The litigation had been protracted. Earlier, the court permitted ‘closed material’ to be withheld from P’s parents to facilitate capacity assessments; for a summary of that ruling, see here. Despite that step, neither the Official...
ARCHIVED: This Practice Note has been retired and is not being updated For the latest Brexit News Analysis, please refer to: News Analysis— Brexit collection. For material released during the transition period, see: News Analysis—transition— Brexit collection [ Archived]. Lexis Nexis® has produced News Analysis on multiple topics addressing the effects of Brexit. Key highlights issued before the UK’s departure from the EU are outlined in the tables below. You can receive Brexit news updates and commentary by opting in to alerts. See Q& A: How do I sign up for Brexit alerts? Brexit News Analysis 2019 Q4 23/12/2019 — Advocate General indicates EU standard contractual clauses are valid ( Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems). The Advocate General recommended that the Court of Justice should find that the EU standard contractual clauses ( SCCs)—one of the...
TMT Brexit News Analysis ARCHIVED: This Practice Note has been archived and is no longer maintained. Lexis Nexis® TMT has issued News Analysis covering a variety of matters relating to the effects of Brexit, as indicated in the table below. Date, News Analysis and a brief summary are presented beneath. 6 July 2021 — European Commission withholds consent for UK to accede to Lugano Convention — LNB News 06/07/2021 99. Switzerland’s Federal Department of Foreign Affairs ( FDFA) stated it had received a letter from the European Commission which, acting for the EU, declines to consent to inviting the UK to accede to the Lugano Convention. The letter was sent to the Swiss FDFA in its role as Depository of the Lugano Convention. 28 June 2021 — European Commission adopts adequacy decisions for UK — LNB News 28/06/2021 80. The European Commission and the...
ARCHIVED This archived Practice Note is not updated and is provided for background only. In addition, some links may no longer lead to the provisions as they were at the time this guidance was published. For information on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Several amendments to the Civil Procedure Rules took effect between 14 December 2011 and 6 April 2012, including the following. Amendments effective 1 January 2012— Dilapidations Protocol From 1 January 2012, a new pre-action protocol for dilapidations claims came into force, prompting a change to the Practice Direction - Pre-action Conduct to refer to it. The Dilapidations Protocol applies to commercial property in England and Wales and concerns dilapidations claims against tenants at the end of a tenancy. Annex A sets out a timetable for exchanging schedules of...
ARCHIVED: This archived guidance note, dated November 2017, was issued by The Chartered Governance Institute ( CGI) to set out an overview of the legal context, plus the strategic and practical considerations prompted by the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), before it took effect. It is not being maintained and is supplied for background reference only. The EU GDPR became directly applicable and fully enforceable in all EU Member States from 25 May 2018. It brought significant changes to EU data protection law regulating the processing of personal data and,......
ARCHIVED: This guidance, now archived, from October 2004, was issued by The Chartered Governance Institute (previously ICSA: The Governance Institute) ( CGI), examines......
ARCHIVED: This archived guidance, from March 2008, was issued by The Chartered Governance Institute ( CGI). It offers a concise reference indicating what at that time comprised......
ARCHIVED: This archived guidance, dated November 2008, was issued by The Chartered Governance Institute (formerly known as ICSA: The Governance Institute)......
ARCHIVED: This archived guidance, from March 2014, was issued by The Chartered Governance Institute ( CGI). It offers template wording for the companies’ articles of association concerning the payment of dividends. It is not kept up to date and serves solely as background information. The model wording......
ARCHIVED : This case tracker has been archived and is not maintained. It hosts a catalogue of notable pensions judgments delivered in 2015. Alexander and others as Trustees of the Scottish Solicitors Staff Pension Fund v Pattison and Sim Case reference: CA63/13. The dispute concerned a Scottish pension scheme providing benefits to employees of solicitors’ firms and their dependants, and focused on changes to the scheme’s trust deed and rules. Until 1991, the rules imposed a ‘triple‑lock’ for amendments, demanding a two‑thirds majority at three separate general meetings: one of all employers and members, one of all contributing members, and one of all employers. The trustees pursued pension arrears of £50,224 to recover contributions alleged to be owed by the defenders in respect of a former employee of that firm, with the claim founded on amendments made to the scheme rules since 1990. The defenders (the firm of...
ARCHIVED: This tracker is archived and no longer maintained. It presents a compilation of pensions rulings issued by the General Regulatory Chamber ( GRC) of the First-tier Tribunal ( FTT) and the Upper Tribunal ( UT) in 2024, specifically concerning appeals against decisions of the Pensions Regulator regarding breaches of automatic enrolment duties, arranged by date. You can browse the entries using the Table of Contents located on the left side of the page......
ARCHIVED This case tracker has been archived and is not maintained. It sets out key pensions judgments delivered in 2019, arranged by topic. The entries within the tracker are grouped by subject area, and the relevant topics appear in the Table of Contents on the left-hand side of the page. The tracker also includes citations to case law from the Court of Justice of the European Union ( CJEU). Broadly speaking, EU judgments issued on or before 31 December 2020 remain binding on UK courts and tribunals (even where the EU courts subsequently depart from them) unless and until the UK courts exercise their powers to diverge. As a rule, EU case law developed after that date is not binding in the UK, though UK courts and tribunals may still have regard to later EU judgments where relevant. For further detail on how EU case law is...
ARCHIVED : This Practice Note has been archived and is not maintained. It sits within a series of archived Practice Notes that collate and summarise notable historic case law rulings and principles concerning public procurement law. The bulk of the entries in this Practice Note are archived decisions, determined before the Public Contracts Regulations 2015 ( PCR 2015) came into force. For details of the latest case law developments, see: UK public procurement case tracker EU public procurement case tracker This Practice Note concentrates on cases linked to procurement procedure. The overarching aim of public procurement law is to open procurement to wider competition and to ensure that tenderers have an equal opportunity to obtain contracts tendered by public authorities. The guiding principles are equal treatment of tenderers and transparency in procedures, so that tenderers know what to expect from the procurement process and have a clear...
ARCHIVED: This archived Practice Note summarised major updates and guidance concerning Brexit and the TMT industry. It is no longer updated and is supplied for context alone. It is arranged under the following headings: New technologies Information technology Internet Data protection Media Advertising, marketing and sponsorship Telecommunications This note does not monitor broader Brexit events; for those, consult Practice Note: Brexit timeline. To follow the advancement of UK statutes introduced as part of preparations for the UK’s departure from the EU, see Practice Note: Brexit legislation tracker. On 31 January 2020 (exit day), the UK stopped being an EU Member State and forfeited its right to take part in the EU’s political bodies and governance frameworks. Under the transitional measures in Part 4 of the Withdrawal Agreement, exit day began an 11-month implementation phase during which, for many purposes, the EU treated the UK as though it remained a Member State. The...
ARCHIVED This preserved Practice Note is no longer updated and is for background information purposes...
ARCHIVED: This archived Practice Note offers background on the alterations to criminal procedure that took effect in April 2013 under the Criminal Procedure ( Amendment) Rules 2012, SI 2012/3089. Those regulations have since been formally revoked. The rules now governing criminal procedure are set out in the Criminal Procedure Rules 2015, SI 2015/1490, as subsequently amended. Also see Practice Note: The Criminal Procedure Rules. This Practice Note records the law as at 1 April 2013 and is no longer actively updated. It is provided purely for background purposes only. Changes from 1 April 2013 The amending SI 2012/3089 captures developments in legislation, case law and procedure. The duty in section 69 of the Courts Act 2003 requires the Rules Committee to produce Criminal Procedure rules that are both straightforward and plainly stated. A summary of these revisions is set out below......
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
