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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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It is part leadership, part shaping the right environment, part setting an appropriate strategy and part ensuring each individual’s contribution has clear purpose and direction. In-house lawyers perform best when they feel empathy with their business and a genuine sense of belonging to the team. Put simply, you should aim to forge a purpose for your work that extends beyond the activity itself. Yet simply declaring purpose and commitment will not suffice. For this to take hold, action and shifts in behaviour are required as well. This note presents ideas to help in-house lawyers deliver their service with purpose; in other words, helping in-house lawyers to make their own contribution to their performance management. Many organisations approach performance management through the lens of proprietary frameworks, such as the ‘balanced scorecard’ and its variants. These blend targeted hard indicators with softer...
Background Loan deals are hammered out over an extended timeframe. Hedging is commonly arranged to underpin the borrowing, for example using an interest rate swap to switch a floating rate (often compounded SONIA ( Sterling Overnight Index Average) or another Risk Free Rate ( RFR)) under the facility agreement into a fixed rate. Yet it is typical for the hedging documents to appear only at the close of the transaction, framed as a condition precedent to drawdown of the loan and presented as a 'standard' form to be signed. This Practice Note explores the drawbacks of accepting that practice and explains how, by reviewing the International Swaps and Derivatives Association ( ISDA) paperwork in the context of the facility agreement and other finance documents, parties can align terms to achieve a coherent position that mirrors the commercial bargain......
This Practice Note, together with Precedent: Strategic planning—step plan, outlines practical steps to help you grasp your organisation’s broader business aims and provide legal services that align with them... Strategic alignment Start by clarifying the organisation’s strategic priorities. Arrange a meeting with your organisation’s CEO to discuss its objectives and the CEO’s view of the long, medium and short-term pathway to achieve them. See Practice Note: Understanding business strategy. Use this conversation to show that the in-house legal function is integral to the organisation’s success, as legal considerations touch all significant commercial decisions. You can also demonstrate your leadership by explaining how the legal team will align its work to the organisation’s goals and enhance its operational capabilities... The legal department’s important stakeholders and ‘customers’ It is essential to set aside dedicated time to build relationships with the parts of the organisation that the legal team will most...
Trespass Trespass describes the unauthorised presence of a person upon land in another’s possession. Ownership of land extends to the airspace above it, so any incursion into that airspace will, in principle, amount to a trespass. In Baron Bernstein, an aeroplane passing overhead to take photographs was held not to trespass, on the footing that the landowner’s rights over airspace reach only the height needed for the ordinary use and enjoyment of the land and its structures. However, in Kelsen, a sign projecting just eight inches into the airspace above the land was found to be a trespass. In Anchor Brewhouse, the High Court confirmed that the problems created by aircraft, etc., are wholly distinct from an invasion of airspace by a structure erected on adjoining land, where the legal position is more certain and settled. The latter is a trespass in...
This Practice Note sits within a wider suite on airline insolvency; for further detail, see: Guide to airline insolvency—introduction Guide to airline insolvency—insolvency proceedings, receivership, restructuring plans and schemes of arrangement Cross-border issues If an airline enters insolvency, the appointed insolvency office-holder, or a lessor or financier, may need to pursue asset recovery in numerous jurisdictions, influenced by the airline’s scale and global reach. For office-holders, consideration should be given to the potential application of the Cape Town Convention (see Practice Note: Guide to airline insolvency—insolvency proceedings, receivership, restructuring plans and schemes of arrangement). Where aircraft and other assets are situated in jurisdictions that have implemented the UNCITRAL Model Law on Cross- Border Insolvency, the office-holder may seek recognition and assistance in those places (see generally: UNCITRAL Model Law and Cross- Border Insolvency Regulations 2006 (...
Managing artificial intelligence ( AI) related civil disputes This Practice Note explains the considerations for dispute resolution lawyers managing claims that involve AI. It surveys the principal procedural questions that arise when bringing a civil claim where the dispute’s subject concerns AI technologies. It is directed at proceedings where AI sits at the heart of the dispute rather than appearing at the margins. The distinctive aspects of adopting AI, combined with its technical character in a fast-moving landscape, create intricate litigation issues, including: who develops it, how it is embedded within existing systems, its level of autonomy and capacity for self-learning/correction, and the consequences for third parties. Across any factual backdrop, the initial tasks in evaluating a civil claim include identifying the parties, pinpointing potential causes of action, setting out the elements needed to prove a successful claim, and...
Aviation finance is well suited to tax leasing across multiple jurisdictions. Such leases are generally used to defer tax. From a tax viewpoint, they can be beneficial for equity investors who have taxable profits arising from their ordinary business activities. These arrangements can be executed in jurisdictions including Japan, Germany and France. The primary risk with tax leasing emerges if the transaction ends early, as this may prevent equity investors from deferring their tax exposure to the extent and for the period they had planned. What is a tax lease? Most tax leases operate as tax deferral structures. They occur when certain entities (equity investors) enter a transaction with the specific aim of creating an immediate tax loss, which they can offset against taxable profits from their normal course of business. At a later point, the transaction is expected to generate profits and, at that stage, the...
When a lessor places an aircraft on lease, it is concerned to make sure the aircraft is run in a way that does not unduly undermine the market value of the aircraft, and therefore its value as quasi-security, over the term of the lease. As a bare minimum, the lessee will be asked to give an undertaking to the lessor that it will operate the aircraft as follows: in full accordance with all applicable laws (which includes the laws of the state in which the aircraft is registered as well as those of any jurisdictions in which the aircraft is physically located) in accordance with all permits or licences which are required by the lessee to operate the aircraft in question in a way which will not invalidate any warranties granted by a manufacturer in respect of the aircraft in accordance with the...
Both central government and local authorities treat air quality as a priority. EU Directive 2008/50/ EC of the European Parliament and of the Council of 21 May 2008, on ambient air quality and cleaner air for Europe (the Directive) — in the form it had immediately before 11pm on 31 December 2020 — set legally binding limits on concentrations of key air pollutants that affect public health, habitats and biodiversity. The Air Quality Standards Regulations 2010 and the Air Quality Standards ( Wales) Regulations 2010 (together, the Air Quality Regulations) transpose the requirements of the Directive into English and Welsh law respectively and, post- Brexit, still oblige the Secretary of State/ Welsh Ministers to assess air quality, ensure that specified limit values are not exceeded, and that specified target values are achieved. In addition, under Part IV of the...
Air pollution controls Air pollution controls tackle global climate change, ozone depletion and air quality, spanning a diverse and intricate range of activities. Some measures do not require permits or registration; instead they prohibit specified pollutants, set objectives and standards, or emphasise renewables and energy efficiency to cut harmful emissions. For more information on air pollution controls, see: Air pollution—overview. Most permitting and registration obligations arise from European and international controls, implemented through national legislation in the UK. This Practice Note supports those wishing to identify which permitting and registration controls apply in England and Wales to operators or organisations that emit air pollutants, and focuses on the following regimes: environmental permitting greenhouse gas permits ozone depleting substances ( ODS) Environmental permitting The environmental permitting regime supplies a framework in England and Wales through which the substantive requirements of various European Directives have been applied across multiple...
CASE HUB ARCHIVED This archived case hub records the status as at the judgment date of 1 February 2018 and is no longer maintained. For additional details, see the timeline, commentary and related/relevant cases. Case facts ARCHIVE—01/02/2018 Outline Cases C-261/16 Kühne + Nagel International and Others v Commission, C-264/16 Deutsche Bahn and Others v Commission, C-263/16 Schenker v Commission, and C-271/16 Panalpina World Transport ( Holding) and Others v Commission—appeals brought before the Court of Justice against the General Court’s judgment rejecting actions seeking annulment of the European Commission’s decision that identified infringements and levied fines on international freight forwarders for their alleged involvement in four separate cartels concerning freight forwarding services. Outcome On 1 February 2018, the Court of Justice delivered its rulings, dismissing the appeals in full and thereby upholding the General Court’s judgments and the fines imposed by the Commission. Notably, the Court of Justice agreed that the...
Where do the requirements for air conditioning inspections come from? Section 2 of the Building ( Scotland) Act 2003 ( Bu( S) A 2003) and Regulation 17 of the Building ( Scotland) Regulations 2004 (the Building Regs 2004), SSI 2004/406, set out the obligation to have an air conditioning system ( ACS) assessed by an accredited air conditioning energy assessor... Why are air conditioning inspections required? These inspections aim to support the efficient operation of systems and boost a building’s energy efficiency, in accordance with the European Directive on Energy Performance of Buildings, implemented through the Building Regs 2004, SSI 2004/406... When are inspections required? Under the Building Regs 2004, SSI 2004/406, every ACS with an effective rated output exceeding 12 k W must be periodically inspected by an energy assessor. Only organisations that have entered into a protocol with the Scottish Government are authorised to...
Resource Note This Resource Note summarises the key elements of Rules 27–38 of the AIM Rules for Companies ( AIM Rules). These cover subsequent securities issuances post-admission, language requirements, and the duties of the AIM company and its directors for compliance and continuing eligibility. It signposts pertinent materials, commentary and guidance from the London Stock Exchange ( LSE), alongside Lexis+® UK analysis and resources, to provide practical guidance on interpreting and applying Rules 27–38 of the AIM Rules herein for companies admitted to AIM......
This Resource Note summarises the principal elements of Rules 39 to 45 of the AIM Rules for Companies ( AIM Rules), namely nominated advisers, the upkeep of orderly markets, and sanctions and appeals. It signposts relevant materials, commentary and guidance from the London Stock Exchange ( LSE), alongside Lexis+® UK analysis and resources, to deliver practical direction on interpreting and applying Rules 39 to 45 of the AIM Rules. Material included in this Resource Note comprises: the AIM Rules the AIM Rules for Nominated Advisers ( Nomad Rules) Inside AIM, the regular publication issued by the AIM Regulation team AIM Notices, issued from time to time, containing information on AIM regulatory and administrative matters Lexis+® UK and Lexis®Library resources Setting the scene Rulebook: AIM Rules for Companies What it covers: Rule 39 addresses nominated advisers, Rules 40 and 41...
As part of an application for an initial admission to trading on AIM ( AIM admission), a thorough review is undertaken into the company’s financial and commercial standing, its prospects, and the risks inherent in its business. Due diligence for an AIM admission is typically broader and deeper than on an acquisition. In an acquisition, a buyer may tolerate certain matters because contractual protections apply; on an AIM admission such protections are absent, and the company, its directors and the nominated adviser (nomad) must comply with the AIM Rules for Companies ( AIM Rules) and the AIM Rules for Nominated Advisers ( Nomad Rules). In addition, the company and its directors may incur civil and criminal liability if any published information is inaccurate or misleading. See Practice Notes: Misleading statements under the Financial Services Act 2012 and Misleading impressions under the Financial Services Act...
This Resource Note distils the key elements of Rule 1 of the AIM Rules for Companies, centring on an AIM Company’s duty to appoint and keep a nominated adviser (a nomad) in place, and outlining the nomad’s function. It points to pertinent London Stock Exchange ( LSE) materials, together with Lexis+ UK analysis and resources, to offer practical guidance on interpreting and applying Rule 1. Materials referenced in this note include: The AIM Rules The AIM Rules for Nominated Advisers ( Nomad Rules) Inside AIM, the AIM Regulation team’s periodic publication AIM Notices, issued from time to time, containing updates on AIM regulatory and administrative matters Lexis+ UK and Lexis Library resources Setting the scene Rulebook: AIM Rules for Companies What it covers: Rule 1 requires an AIM Company to appoint a nomad and ensure a nomad is...
Applicable rules Except for matters covered by Rule 7 and outlined in this Practice Note, all other AIAC Rules will govern any arbitration carried out under the Fast Track Procedure ( Rule 7.9). Request A party may seek application of the Fast Track Procedure when commencing the arbitration, or at any point prior to the constitution of the Arbitral Tribunal, if at least one of the following conditions is satisfied ( Rule 7.1): the parties have agreed to adopt the Fast Track Procedure or any edition of the AIAC Fast Track Arbitration Rules; the amount in dispute in the notice of arbitration is below USD 3 million (for international arbitration) or RM 2 million (for domestic arbitration); or there is exceptional urgency. Where the request for the Fast Track Procedure is not based on the parties’ agreement, the President of the AIAC Court will decide it,...
Appointment General rules The President of the AIAC Court acts as the appointing authority for arbitrations conducted under AIAC Rules ( Rule 15.1). In exercising that power, s/he may request any information required from the parties and invoke the powers conferred by the AIAC Rules ( Rule 15.4). Any nomination or pact by the parties to identify or appoint the Arbitral Tribunal is conditional upon the President confirming the appointment ( Rule 15.5). Number of arbitrators The parties are free to agree and fix the number of arbitrators ( Rule 15.2). If the arbitration agreement contains no such agreement, a sole arbitrator will be designated by default, unless the AIAC Court, on a party’s application, decides that the nature and complexity of the dispute justifies appointing three arbitrators instead ( Rule 15.3)......
Costs of the arbitration The costs of the arbitration comprise the following listed items ( Rule 47.1): the Arbitral Tribunal’s remuneration; the AIAC administrative fee payable; reasonable outlays and expenses incurred by the Arbitral Tribunal; any charges for the use of the AIAC’s facilities and any supplementary services; any further costs as directed by the Arbitral Tribunal; and any applicable taxes or other charges payable. Arbitral Tribunal’s fees and AIAC administrative fee Quantum The AIAC Court will determine and fix the fees of the Arbitral Tribunal and the AIAC administrative fee in line with the scales set out at both Schedules 1A (governing international arbitration) and 1B (governing domestic arbitration) respectively of the AIAC Rules ( Rule 47.3). Such fees are assessed by reference to the amount in dispute, encompassing the value of any claims, any...
Commencement The 2026 AIAC Rules came into force on 1 January 2026 ( Guideline and Application, para A)... Context Wider restructuring initiatives at the AIAC Introducing the 2026 AIAC Rules forms part of broader reforms at the AIAC and embodies global best practice in commercial arbitration. Alongside the arbitration rules, the AIAC has issued refreshed rules for Islamic arbitration, mediation, and sports arbitration. A notable innovation arising from the 2026 AIAC Rules is the creation of the AIAC Court of Arbitration, which replaces the former Director‑centred model in the 2023 AIAC Rules. This recalibration brings the AIAC’s procedures into alignment with the benchmarks of other leading international arbitral institutions... Objectives The......
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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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