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
Case tracker— Employment This tracker presents a curated selection of important employment judgments delivered in 2026. Information on ongoing significant cases can be found in Practice Note: Case tracker— Employment. For collections of notable employment decisions issued since 2017, see: Archived—2025 Case tracker— Employment Archived—2024 Case tracker— Employment Archived—2023 Case tracker— Employment Archived—2022 Case tracker— Employment Archived—2021 Case tracker— Employment Archived—2020 Case tracker— Employment Archived—2019 Case tracker— Employment Archived—2018 Case tracker— Employment Archived—2017 Case tracker— Employment Where available, links to Employment news analysis reports are provided. Cases are organised by topic. The Lexis Nexis® Employment team is always happy to receive details of additional cases that could be of interest to subscribers......
ARCHIVED: This Practice Note This Practice Note has been archived and is not maintained. This commercial tracker monitors the progress of UK legislation (including Bills in progress, Acts in force, Statutory Instruments in progress and Statutory Instruments in force), judgments of the Supreme Court and Court of Appeal, and consultations, calls for evidence and inquiries relating to commercial law in 2025. For developments tracked previously, see Practice Notes: Commercial tracker 2024 [ Archived], Commercial tracker 2023 [ Archived] and Commercial tracker 2022 [ Archived]. This Commercial tracker comprises the following sections: Legislation Bills in progress Acts in force Statutory instruments in progress Statutory instruments in force Cases ...
Insurance & Reinsurance case tracker—2024 [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This tracker focuses on court proceedings and rulings concerning insurance and reinsurance. It presents the status of matters reported from January 2024 and is refreshed fortnightly. Abbreviations Supreme Court — SC Court of Appeal — CA King's Bench Division — KB Chancery Division — Ch The Technology and Construction Court — TCC The Inner House of the Court of Session ( Scotland) — CSIH The Outer House of the Court of Session ( Scotland) — CSOH Judicial Committee of the Privy Council — JCPC For previous years, see: Insurance & Reinsurance case tracker—2023 [ Archived] Insurance & Reinsurance case tracker—2022 [ Archived] Insurance & Reinsurance case tracker—2021 [ Archived] Insurance & Reinsurance case...
ARCHIVED : This Practice Note has been archived and is not maintained. The Property case tracker brings together notable 2024 judgments we regard as pertinent to property lawyers. Entries appear in reverse chronological sequence. The tracker adopts the following definitions: AST: assured shorthold tenancy CVA: company voluntary arrangement FTT: First-tier Tribunal HMO: house in multiple occupation LPA: local planning authority NPPF: National Planning Policy Framework RRO: rent repayment order RTM: right to manage TCC: Technology and Construction Court UT: Upper Tribunal ( Lands Chamber) VTE: Valuation Tribunal for England See also the Property key future developments tracker, which follows the progress and outcomes of appeal cases, while this document provides a digest of all matters we consider relevant to property lawyers. See further: Property case tracker—2023 [ Archived] Property case...
ARCHIVED: This archived case tracker presents a curated selection of notable employment judgments issued in 2024. For details on important ongoing matters, see Practice Note: Case tracker— Employment. Where available, links to Employment news analysis reports are included. Cases are arranged by topic. The Lexis Nexis® Employment team welcomes submissions of other decisions that may interest subscribers. Please use the ‘ Feedback’ option above and the Lexis Ask function (see Lexis Ask button below) to share details... Cases by topic Case Name: Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers ( USDAW) & Others Case citation: [2024] UKSC 28, [2024] IRLR 998, [2025] ICR 107 Topic: Employment contract Main issue: Whether Tesco could end employees’ contracts to strip out ‘retained pay’—a permanent financial contractual entitlement—and then propose re‑engagement on new terms excluding retained pay Case history:...
ARCHIVED This case tracker is archived and is no longer maintained. It provides a catalogue of pensions judgments delivered by the General Regulatory Chamber ( GRC) of the First-tier Tribunal ( FTT) and the Upper Tribunal ( UT) in 2023, specifically and directly concerning appeals against decisions of the Pensions Regulator for breach of automatic enrolment duties, arranged by date. Entries can be accessed via the Table of Contents on the left-hand side of the page......
This Lexis+® UK Local Government resource holds a historical log of current awareness, consultations, legislation and developments tracked by the Education tracker, covering the full span of education from early years foundation stage ( EFYS) to further and higher education. Once news, consultations and other developments stop being current, they are placed in the Education tracker archive. Secondary legislation is archived two months after it comes into force. Cases and primary legislation are archived 12 months after commencement or after judgment is handed down. Previously archived trackers Education tracker 2022 [ Archived] Education tracker 2021 [ Archived] Education tracker 2020 [ Archived] Education tracker 2019 [ Archived] Education tracker 2018 [ Archived] Education tracker 2017 [ Archived] Education tracker 2016 [ Archived] For ease of reference, the tracker is arranged into: Legislation and statutory guidance Bills: passage through...
ARCHIVED: This Practice Note has been archived and is not maintained. This Energy legislation tracker highlights key upcoming measures of interest to Energy lawyers from 1 January 2023, presented in reverse chronological order. Measures applying solely to Wales ( Wales Statutory Instruments— Wales SI) are clearly marked on the tracker. Lexis Library’s Amendment Highlighter, Timeline and Legislation Menu speed up access to, and tracking of, government proposals—whether a Bill, Statutory Instrument ( SI) or an Act of Parliament—as well as viewing historic, current and future changes to legislation. Previous legislation trackers Energy legislation tracker 2022 [ Archived] Energy legislation tracker 2021 [ Archived] Energy legislation tracker 2020 [ Archived] Energy legislation tracker 2019 Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy legislation tracker 2016 [...
This case tracker contains a selection of significant employment judgments handed down in 2023. For information on notable ongoing matters, refer to Practice Note: Case tracker— Employment. Where available, links to Employment news analysis are included. The Lexis Nexis Employment team welcomes details of additional cases that may interest subscribers; please use the ‘ Contact Us’ button above and the Lexis Ask function to share them. Kocur v Angard Staffing Solutions Ltd and anor Number: UKSC 2022/0063 Topic: Agency workers Main issue: Whether, as determined by the EAT and the Court of Appeal, the entitlement of agency workers to be informed about job vacancies does not extend to equal rights to apply for and/or be considered for notified internal opportunities; see report of 6 January 2021 and case digest [2022] All ER ( D) 84 ( Feb). Case history:...
Lexis+® UK Local Government offers an historical log of current awareness, consultations, legislation and developments tracked by the Education tracker, spanning education from the early years foundation stage ( EFYS) through to further and higher education. When news, consultations and related developments stop being current, they are placed in the Education tracker archive... Secondary legislation is archived two months after it takes effect. Cases and primary legislation are archived 12 months after commencement or once judgment has been delivered. See: Education tracker 2021 [ Archived] Education tracker 2020 [ Archived] Education tracker 2019 [ Archived] Education tracker 2018 [ Archived] Education tracker 2017 [ Archived] Education tracker 2016 [ Archived] For ease of reference, the tracker has been divided into the following sections: Legislation and statutory guidance Bills: passage through parliament ...
Insurance & Reinsurance case tracker—2022 [ Archived] ARCHIVED: This Practice Note is archived and not kept up to date. This tracker covers insurance and reinsurance court cases and rulings. It shows the status of matters reported since January 2022, including forthcoming appeals, with fortnightly updates. Abbreviations European Court of Justice/ Court of Justice of the European Union— ECJ Supreme Court— SC Court of Appeal— CA High Court— HC King's Bench Division— KB Technology and Construction Court— TCC For previous years, see: Insurance & Reinsurance case tracker—2021 [ Archived] Insurance & Reinsurance case tracker—2020 [ Archived] Insurance & Reinsurance case tracker—2019 [ Archived] Decided cases 2022 December Court: KB Case name: Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 ( Comm) Subject: Subrogation and non-assignment clauses Details: The English...
ARCHIVED This Practice Note is archived and is no longer maintained. Energy legislation tracker tool This tracker presents key forthcoming legislation for Energy lawyers from 1 January 2022, arranged in reverse chronological order. Measures applicable solely to Wales ( Wales Statutory Instruments— Wales SI) are marked accordingly on the tracker. Lexis Library’s Amendment Highlighter, Timeline and Legislation Menu make it faster and simpler to locate and follow government legislation—whether a Bill, Statutory Instruments ( SI) or a new Act of Parliament—and to view historical, current and future legislative changes. Previous legislation trackers Energy legislation tracker 2021 [ Archived] Energy legislation tracker 2020 [ Archived] Energy legislation tracker 2019 [ Archived] Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy legislation tracker 2016 [ Archived] England and...
ARCHIVED: This Practice Note has been archived and is not maintained. This energy legislation tracker highlights significant forthcoming measures for Energy lawyers from 1 January 2021, presented in reverse chronological order. Wales-only measures ( Wales Statutory Instruments— Wales SI) are identified on the tracker. Lexis®Library introduces three tools— Amendment Highlighter, Timeline and Legislation Menu—making it faster and simpler to access and monitor legislation the government plans to pass, be that a Bill, Statutory Instruments ( SI) or a new Act of Parliament, and to view historic, current and future changes. For information on previous legislation trackers, see: Energy legislation tracker 2020 [ Archived] Energy legislation tracker 2019 [ Archived] Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy legislation tracker 2016 [ Archived] England and...
ARCHIVED: This Practice Note is archived and no longer maintained. Updated each month, this Energy consultations tracker sets out the current position and latest developments for key consultations run by government departments, regulators and other organisations (including European Union bodies) on energy law and policy in England and Wales from 1 January 2021. The Department for Energy Security and Net Zero ( DESNZ) was created on 7 February 2023, taking over the energy remit from the former Department for Business, Energy and Industrial Strategy ( BEIS), which has been dissolved. The tracker is arranged by jurisdiction and section: England and Wales open consultations closed consultations European Union open...
ARCHIVED This Practice Note is archived and is no longer being maintained. The planning case tracker provides a catalogue of significant 2020 judgments regarded as pertinent to planning lawyers, with entries presented in reverse chronological sequence. See also: Planning case tracker—2021. Judgment date Case Topic Summary Judgment date: 23 December 2020 Case: R (on the application of Day) v Shropshire Council [2020] EWCA Civ 1751 Topic: Appropriating land and overriding rights Summary: A public-benefit trust over open land does not persist where that land is disposed of in breach of the statutory regime governing disposals ( R ( Day) v Shropshire Council). The Court of Appeal concluded that the statutory trust affecting the open land came to an end upon sale, notwithstanding that the transaction failed to comply with the statutory notice requirements and was consequently unlawful, and despite both the local authority and the purchaser being unaware of the trust’s...
ARCHIVED : This Practice Note has been archived and is not maintained. This Lexis+® UK Local Government entry holds a historical snapshot of current awareness, consultations, legislation and developments tracked by the Education tracker from 2019 that are no longer current, where consultation periods have closed, or where legislation has commenced. Secondary legislation is archived two months after it comes into force. Cases and primary legislation move to the archive 12 months after commencement or once judgment is handed down. Items from 2016–18 are available in the Education tracker archives for those years: Education tracker 2018 [ Archived], Education tracker 2017 [ Archived] and Education tracker 2016 [ Archived]. For ease of use, the tracker is organised into: Legislation and statutory guidance Bills: passage through parliament Consultations and developments of...
ARCHIVED: This Practice Note has been archived and is not maintained This archived Practice Note is no longer updated. It recorded the status of UK primary legislation brought forward to prepare for the UK’s exit from the EU during the 2019 Parliament. The Early Parliamentary General Election Act 2019 obtained Royal Assent on 31 October 2019, setting a poll for 12 December 2019. Procedural rules provide that Parliament is dissolved just after midnight 25 working days before polling day. Accordingly, Parliament was dissolved on 6 November 2019, a mere three weeks and two days after the Queen’s Speech in October 2019. At that moment, all parliamentary activity, including every Bill then in train, ceased. Owing to the dissolution of the 2019 Parliament, the following Brexit Bill, which had not yet secured Royal Assent, lapsed: European Union ( Withdrawal Agreement) Bill 2019 For further reading on the...
ARCHIVED This Practice Note is archived and is no longer maintained. The Energy legislation tracker highlights key forthcoming legislation relevant to Energy lawyers from 1 January 2019, and is organised by jurisdiction: England and Wales European Union Items are shown in reverse chronological order. Provisions that apply only to Wales ( Wales Statutory Instruments— Wales SI) are clearly marked. Instruments laid in 2018 that commenced in 2019 appear at the top of the Energy legislation tracker 2018 [ Archived]. Lexis®Library has introduced three tools— Amendment Highlighter, Timeline and Legislation Menu—designed to speed up and simplify access to, and tracking of, proposed legislation, whether a Bill, Statutory Instrument ( SI) or new Act of Parliament, and to view historic, current and future legislative changes. For previous trackers, see: Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy...
ARCHIVED : This case tracker has been archived and is not maintained. It includes a catalogue of notable pensions rulings issued in the year 2018. Items in this tracker are arranged by subject area. Those subjects are set out in the Table of Contents (to the left of the page). This tracker also cites decisions of the Court of Justice of the European Union. In broad terms, EU decisions delivered on or before 31 December 2020 continue to be binding on UK courts and tribunals (even where the EU courts subsequently depart from them) until the UK courts use their powers to diverge. In general terms, EU case law created after that date is not binding on the UK, though the UK courts and tribunals may still 'have regard to' EU decisions if relevant. For further detail and background on the handling of EU case law, see...
ARCHIVED This Practice Note has been archived and is no longer being updated. It compiles closed legislative proposals, published judgments and closed consultations from 2017–2021, which no longer appear in the current tracker as they are not from this year. To monitor live progress on legislative proposals, relevant judgments and consultations concerning copyright and databases, see Practice Notes: Copyright and databases tracker— UK and Copyright and databases tracker— EU. To follow developments on media and digital issues, consult Practice Notes: Media, digital and telecoms tracker— UK and Media, digital and telecoms tracker— EU. For archived UK material on copyright and databases from 2022, see Practice Note: Copyright and databases tracker— UK 2022–2024 [ Archived]. Copyright—legislation For current legislation covering copyright and databases, refer to Practice Notes: Copyright and databases tracker— UK— Legislation, consultations, guidance and reports, and Copyright and databases tracker— EU—...
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
