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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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Statutory framework for advertisement control In England and Wales, advertisement control forms an integral element of the wider development control regime. The system is governed by the Town and Country Planning Act 1990 ( TCPA 1990). In England, this is supplemented by the Town and Country Planning ( Control of Advertisements) ( England) Regulations 2007, SI 2007/783 (the English Regulations), and in Wales by the Town and Country Planning ( Control of Advertisements) Regulations 1992, SI 1992/666 (the Welsh Regulations). What is an 'advertisement'? The system applies to a very wide spectrum of advertising material. Under TCPA 1990, s 336, an advertisement includes any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, that is in the nature of, and used wholly or partly for the purposes of, advertisement, announcement or direction. It further includes any hoarding or similar...
Advances in medicine, biomicrobiology and biotechnology have given rise to a state-of-the-art group of medicinal interventions that deploy gene therapy, somatic cell therapy and engineered tissues to prevent, manage or even cure human disease. The newness, intricacy and variety of these products has required fresh regulatory instruments, both legislative measures and guidance, to strike an appropriate balance between risks and patient benefits. In the EU and the UK, lawmakers classify this group as ‘advanced therapy medicinal products ( ATMPs)’ to safeguard the highest standards of public health while recognising their unique challenges, particularly around clinical trials, manufacturing and pharmacovigilance. Yet oversight of genetically modified organisms ( GMOs) used as starting materials for ATMPs remains a national matter and therefore varies from one Member State to the next. These divergences have produced a complicated regulatory environment for ATMPs. Oversight of tissues and cells is...
This Practice Note explores techniques that will help you present with assurance and authority, build trust with your audience and convey a message that is remembered for all the right reasons. It applies to presenting both in person and online, and it complements the Practice Notes: Presenting with confidence—in person and Presenting with confidence—virtually. Why presenting with confidence is important A self-confident speaker earns the audience’s confidence, which then bounces back, further lifting the speaker’s own assurance. Stand-up comedians commonly open with a burst of rapid-fire gags the moment they step on stage, signalling ‘trust me, I know what I’m doing, and I can make you laugh’. The first few minutes truly shape the tone for the entire session, so be sure to project confidence immediately. Adopting a clear, assured voice throughout will enable you to: build confidence—a confident tone reassures your audience of your...
An advance payment bond is a specific type of performance bond, almost always issued as an ‘on demand’ instrument. See Practice Notes: Performance bonds—construction projects and On demand performance bonds—construction projects. This Practice Note considers: the nature of advance payment bonds why they are used in the construction sector the key features of the wording used in an advance payment bond Why are advance payment bonds used? Under a standard building contract, the usual payment regime is that the contractor receives instalments as each stage of the works is completed, following inspection, measurement and certification by the contract administrator. In essence, sums are paid in arrears for work already performed. There are occasions when an advance is made to the contractor, for instance to fund mobilisation activities, or to enable orders to be placed for the long-term manufacture and delivery of steel or other...
Practice Note On 31 January 2018, the Scottish Government opened a consultation on potential reform of the . This was followed by the Scottish Mental Health Law Review, issued in September 2022. In July 2024, the Scottish Government released proposals for an Adults with Incapacity Amendment Act (see here), which remain out for consultation. It is also consulting on a draft Learning Disabilities, Autism and Neurodivergence Bill (see: here). The Scottish Government has signalled that broader reform of the Adults with Incapacity regime will be explored within a Work Programme running to 2030. No fresh legislation is anticipated before the Scottish Parliament is dissolved in May 2026. This Practice Note considers the ( AI( S) A 2000), the statute that sets the framework for safeguarding welfare and managing finances for people in Scotland aged over 16 who lack capacity due to mental...
The Code for Crown Prosecutors explains that, when deciding whether to prosecute, alternatives should be weighed up. For adult offenders, the main alternatives are: cautions fixed penalty notices Simple cautions There are two forms of caution: the simple caution and the conditional caution. Both are issued by the police. Some other regulators are also able to give simple cautions, including local authorities, the Health and Safety Executive, and the Environment Agency. Simple cautions are aimed at low-level, first-time offending. Their use is controlled by section 17 of the Criminal Justice and Courts Act 2015 ( CJCA 2015), which applies to all offences, no matter when they occurred. The Ministry of Justice has released updated guidance on how simple cautions should be applied (see MOJ: Simple cautions for adult offenders). Practitioners should also have regard to the Director of Public...
This Practice Note considers the custodial options available for adult defendants. It outlines the framework for imposing life sentences under the Criminal Justice Act 2003 ( CJA 2003) where an offence attracts a maximum of life imprisonment. It also reviews the determinate custodial sentences available for adult offenders. Determinate sentences of imprisonment A standard determinate sentence is a fixed term of custody, in contrast to an indeterminate sentence, eg life imprisonment. Offenders serving indeterminate terms must complete a minimum period before the Parole Board can consider release. Section 237 of the CJA 2003 sets out how a court fixes a determinate custodial term for adult offenders. This is commonly known as a fixed-term sentence and is the most frequently imposed form of imprisonment. The duration of any such term is determined by reference to the statutory maximum available for the particular offence. Almost all...
This Practice Note sets out a glossary of terms commonly used within the context of adtech and programmatic advertising A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z Ad Ad is short for advertisement. Advertisements are used to promote products or brands with the aim of increasing brand awareness, brand engagement and/or sales. The particular advertisement displayed on a website is termed the creative. Ad campaign An ad campaign (advertising campaign) comprises a set of ads carrying a consistent message and pursuing a common objective. When planning an ad campaign, advertisers assess budgets, target audiences, which advertising channels will be used, the objectives the campaign is...
Note: This Practice Note is now mainly of historical interest. In January 2010, Lord Justice Jackson released his Review of Civil litigation Costs: Final Report; see Practice Note: Jackson final costs report [ Archived]. Although he stopped short of proposing compulsory Alternative Dispute Resolution ( ADR), the report carries implications for all involved in litigation, who should, at each stage, give thought to ADR. Accordingly, parties should keep ADR in view throughout. Need for and purpose of April 2013 reforms to ADR The terms of reference for Lord Justice Jackson’s review required him to determine the impact that case management procedures have on costs, and to consider whether alterations in process and/or procedure could secure more proportionate expenditure. He highlighted ADR as one of several areas in which the expense of litigation could, potentially, be substantially reduced......
This Tracker outlines key developments for dispute resolution lawyers on the integration of alternative dispute resolution ( ADR) into the civil litigation system in England and Wales. For wider tracking of dispute resolution issues, see Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution. The development of compulsory ADR Since the Court of Appeal’s decision in Halsey v Milton Keynes General NHS Trust, discussion has persisted about whether a court may require or order parties to attempt settlement via ADR, and whether cost sanctions can be applied to those who unreasonably refuse to engage with ADR. In Halsey, the Court of Appeal considered it inappropriate for the court to compel parties to refer their dispute to ADR against their wishes, as doing so would ‘impose an unacceptable obstruction on their right of access to the court’. In July 2021, the Civil Justice Council ( CJC)...
Note: this Practice Note provides tailored guidance for proceedings in the Technology and Construction Court ( TCC) under the provisions contained in CPR 60, CPR PD 60 and the TCC Guide. As these sit in addition to the overarching rules found elsewhere in the CPR, this Practice Note should be read alongside general guidance on preparing for and attending trial, including the material in Trial—overview which, in turn, links to detailed guidance on distinct aspects of getting ready for, and appearing at, trials within the TCC shorter and flexible trials schemes—claims issued on or after 1 October 2015 in the TCC may qualify for, and/or be governed by, one or both schemes under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For further details on these regimes, see Practice Notes: Business and Property...
This Practice Note reviews key alternative dispute resolution ( ADR) mechanisms in Scotland. For the closest counterparts in England and Wales, see ADR and dispute resolution clauses—overview, Arbitration—overview, Mediation—overview and Cross-border ADR—overview, which, in turn, direct readers to detailed materials on specific aspects of ADR in England and Wales. This Practice Note does not consider ADR in consumer disputes. Key: OCR— Sheriff Court Ordinary Cause Rules 1993 RCS— Rules of the Court of Session 1994 Obligations to advise on ADR Practitioners should note the Law Society of Scotland’s guidance for solicitors providing dispute resolution advice, namely that solicitors ought to have a sufficient grasp of commonly available ADR options to enable proper evaluation and clear communication of those options to a client, taking into account the client’s interests and objectives......
What is Alternative Dispute Resolution? Alternative Dispute Resolution ( ADR) is an umbrella label for methods that settle disputes without resorting to litigation. ADR is increasingly chosen to address life sciences conflicts. This Practice Note will set out the key benefits and limitations of different ADR models for disputes arising in this field and offer practical guidance on making the most of each route. For broader guidance on ADR, as well as a detailed comparison of processes, see Practice Note: What is ADR? The advantages of ADR for life sciences disputes Life sciences disputes are diverse and often turn on complex, highly technical topics. Even so, several recurring characteristics mean ADR can be well-suited in the right circumstances. Disputes are multi-jurisdictional The life sciences industry frequently involves cross-border collaborations, with participants across Asia, Europe and North America. Clashes may emerge from differing corporate cultures and/or divergent legal...
Clinical Negligence Claims Agreement 2024 The Clinical Negligence Claims Agreement 2024 replaces the COVID-19 Clinical Negligence Protocol (2020) (last revised June 2021), which was brought in as an urgent response to modify clinical negligence claims handling and litigation arrangements during the coronavirus ( COVID-19) outbreak. This 2024 arrangement develops the earlier Protocol, with a number of practices now embedded within routine claims management. Although not legally binding, the agreement stresses cooperative engagement between the parties. The agreement can be found here: Clinical Negligence Claims Agreement 2024. A claimant must seek an extension under the terms of this agreement before the primary limitation period comes to an end. Where NHSR is the indemnifying organisation and has not yet received notice of the claim, written notification should be emailed to...
The position of an employee on a company's insolvency The default principle is that an employment contract is an agreement between the employer and the employee. Owing to its personal character, if either party changes, the existing contract would usually end. Were that always true when a company’s status alters because of an insolvency event, every employment contract would automatically cease. That is not always advantageous for either the workforce or the business, so employment terms can operate differently on insolvency. In practice, the treatment of an employment contract depends on the company’s specific circumstances, including whether it continues to trade. It also varies according to the particular insolvency process, as indicated below. Reference should be made to the relevant provisions of the Insolvency Act 1986 ( IA 1986) noted below. Employees’ positions are also protected, to a degree, by the Transfer of...
This Practice Note outlines the overarching principles guiding the court in adoption cases, including the paramountcy principle and the effect of delay on timely decision-making. It also addresses how the welfare checklist is applied, the spectrum of powers available, and the requirement that no order be made unless doing so is better for the child. The core principles governing adoption are found in section 1 of the Adoption and Children Act 2002 ( ACA 2002). Those provisions apply, in differing ways, to the court, an adoption agency, or both. A local authority with responsibility for children’s services is an adoption agency and, when operating in that role, acts in that capacity, which differs from exercising its powers and duties under the Children Act 1989 ( Ch A 1989) in such proceedings......
This Practice Note outlines the overarching approach to contact orders before and after adoption, setting out the general principles to be applied. It explains who can seek a contact order within adoption proceedings, the procedure to be followed, and provides guidance on the duration, alteration and suspension of contact orders in adoption, as well as discharge considerations and associated practice issues. Planning for adoption and contact Contact must be explicitly addressed in the social worker’s permanence report and also by the agency decision-maker at approval. In uncommon instances where the adoption panel decides whether children should be placed for adoption, and in every case involving matches between children and prospective adopters, the panel must consider contact matters too. There is no assumption either way about contact once the adoption agency is authorised to place the child for...
This concise overview explains the process for a company adopting new articles of association on incorporation, and later altering its articles (including replacing the current articles entirely). For fuller guidance on the issues and procedures around adopting and amending articles of association, see Practice Notes: A company’s constitution and Amending the articles of association. Articles adopted on incorporation Under the Companies Act 2006 ( CA 2006), every company must have articles of association. A new company can be formed either by completing Companies House form IN01 ( Application to register a company), tailored to the subscribers’ needs, or by buying an off‑the‑shelf company. Incorporation using form IN01 When form IN01 is used, subscribers must state at part 1, section A8 which type of articles will apply at incorporation: Where the relevant statutory model articles are adopted in full, no copy needs to be...
CASE HUB ARCHIVED This archived case hub sets out the position as at the date the notification was withdrawn on 18 December 2023; it is no longer updated and is not maintained any more. See the timeline for more. Case facts Outline European Commission merger review into the planned acquisition of Figma, Inc. by Adobe Inc ( M.11033). The deal features horizontal overlaps concerning the supply of screen design software. Latest developments On 18 December 2023, Adobe Inc and Figma, Inc. announced they had jointly decided to abandon Adobe Inc’s proposed purchase of Figma, Inc., in light of the Commission’s objections to the deal. The notification was withdrawn the same day. Parties Adobe Inc ( Adobe): Adobe is a US company headquartered in San Jose. It is a significant supplier of creative design software. Creative design software is used to create media assets such as photos,...
This Practice Note sets out guidance on putting forward fresh evidence when challenging a court’s decision under CPR 52. It explains when the appellate court may accept new material, how the Ladd v Marshall criteria apply when deciding whether to admit evidence on appeal, and the court’s discretion under CPR 52.21(2), including whether the material could have been secured for trial, whether it would have had a significant bearing, and its reliability. A note on CPR 52.21 and older cases The rules on admitting fresh evidence on appeal are found in CPR 52.21(1)–(2). Until October 2016, the equivalent provisions were in former CPR rule 52.11. Some judgments still cite the old rule, but the same principles apply to CPR 52.21 because the wording is identical. For further detail, see Practice Note: Amendments to Part 52 on 3 October 2016—table of...
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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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