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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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What is open data? Put simply, ‘open data’ describes information released to the public in an open, machine-readable form, on licence terms that let users access, reuse and exploit it on a royalty-free basis. There is no single, universally agreed definition of open data. One widely cited example is the Open Definition 2.1 from the Open Knowledge Foundation. That definition is detailed, specific and designed to foster the widest uptake. Key elements of the Open Definition are: Data should be supplied at no more than a reasonable, one-off reproduction cost. Data should be available without restrictions on use, and it must be possible to process it using at least one open source, free or ‘libre’ software tool. The accompanying licence must meet certain conditions. In broad terms, it must allow use for any purpose without limiting the field of use, and permit...
The foundation originates in civil law and, unlike the common law trust, is a statutory construct. This Practice Note distils the regime that began in 2013. It highlights the core attributes of a Guernsey foundation and briefly covers the registration steps, the key individuals involved and their respective rights and duties, the applications of a foundation, and the relocation of an overseas foundation to Guernsey. The regulation and taxation of Guernsey foundations are also considered below... What is a Guernsey foundation? The Foundations ( Guernsey) Law, 2012 (the Law), which took effect on 7 January 2013 (and was amended by the Beneficial Ownership of Legal Persons ( Guernsey) Law, 2017 (the Beneficial Ownership Law) and, most recently, by the Foundations ( Guernsey) ( Amendment) Law, 2023, together with further changes made by ordinance and regulation), enables the creation of foundations in Guernsey. The...
Global consciousness of sustainability and environmental, social and governance ( ESG) matters has intensified through co-ordinated international efforts to deliver the UN Sustainable Development Goals and honour Paris Agreement commitments. The worldwide response to the coronavirus ( COVID-19) pandemic underscored the need to bolster the resilience of societies and the functioning of our economies, bringing sustainability and social priorities to the forefront for governments and regulators. The 26th UN Climate Change Conference of the Parties ( COP26) in Glasgow in 2021 further anchored climate change and sustainable finance as a core agenda point for financial market participants. In parallel, the 15th meeting of the Conference of the Parties to the Convention on Biological Diversity ( COP15) sharpened attention on mobilising sustainable finance to address biodiversity loss. Transitioning to a low-carbon economy by 2050 is estimated to require at least US$110trn in funding...
In recent years, the phenomenon of older clients who are asset-rich but cash-poor has become increasingly common. Typically, their wealth is locked in a home that has climbed markedly in value over time, while income from pensions and savings has stayed largely static, if not fallen in real terms. Unsurprisingly, many wish to convert that fixed, generally unrealisable wealth into cash without having to sell their home. Equity release basics Equity release may offer a solution. Funds released can be taken as a lump sum, regular income, or a blend of both. Options fall into two main types: Lifetime mortgages, where the homeowner raises money by securing a mortgage on the property. The borrowing is repaid only when the homeowner dies or no longer needs the home (eg on moving permanently into residential care). Home reversion plans, where the owner sells a share, or all, of...
The legal framework applicable to arbitration in Portugal has undergone a complete change since 2011 Portugal’s arbitration regime has been thoroughly overhauled since 2011. Law no. 63/2011 of 14 December 2011 ( PAL) took effect on 14 March 2012, repealing Law no. 31/86 of 29 August 1986 ( Old PAL). Even before this, the Portuguese system governing the enforcement of arbitral awards—domestic and international—had already undergone significant adjustments. In the Old PAL, the enforcement rules were reduced to only two concise sentences: Article 30 conferred competence on the ‘ Courts of Enforcement’ ( First Instance) to handle enforcement procedures. Article 31 stated that a debtor who had not brought a timely set-aside action could still oppose later enforcement by invoking any ground available in the annulment process. Despite the brevity of articles 30 and 31 of the Old PAL, articles 814 and 815 of the...
This ‘ How to’ guide sets out how to suspend an employee (or worker) for the purposes of an investigation. It explores the legal considerations that arise when an employer is contemplating a temporary exclusion from duties, potential alternatives, the entitlement to be accompanied, the timing and manner of any suspension, and who ought to implement it. It further reviews how long a suspension may last and the individual’s entitlements while suspended, including pay. The Practice Note also covers support for mental health throughout the process, actions to take when the suspension concludes, record-keeping obligations, and how a suspension might be challenged. A suspension is a period during which an employer requires an employee to step back from their usual role. For those who typically work on-site and/or visit customers, they will not attend their standard workplace while suspended. For home workers, it means not...
What is a section 106 agreement? Section 106 agreements under the Town and Country Planning Act 1990 ( TCPA 1990) (formerly section 52 agreements), often called ‘planning obligations’, are legal agreements between landowners/developers and local planning authorities ( LPAs). They secure contributions towards infrastructure and services—community facilities, public open space, transport upgrades and/or affordable housing—to mitigate a scheme’s effects. They are typically, though not invariably, linked to a planning application. Because they bind the land, they are enforceable against successors in title. See Practice Note: Planning obligations—key points and Checklist for drafting a section 106 agreement... Are standard form section 106 agreements available? LPAs, or their solicitors, usually issue the first draft based on standard agreements or model clauses. The landowner/developer’s lawyers then amend it and negotiations follow to settle an agreed form. In some instances, the LPA may accept a first draft prepared by the...
This Practice Note addresses arbitration solely under the CIETAC Arbitration Rules 2024 ( CIETAC Rules). As a general rule, those Rules govern arbitrations accepted by CIETAC on or after 1 January 2024, or where the parties have agreed to adopt the 2024 Rules ( CIETAC, art 88). The 2015 rules continue to apply to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. This Practice Note applies to international or foreign related disputes, as well as matters connected with Hong Kong SAR, Macao SAR or the Taiwan region ( CIETAC, art 3.2). CIETAC has distinct provisions for summary arbitration—see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)—and for domestic arbitration; these are not addressed in this Practice Note. There are also separate provisions for cases administered by the CIETAC Hong Kong Arbitration Centre, which are not covered...
This Practice Note explores how copyright operates in music. It offers guidance on copyright-centred case law and includes worked examples addressing in practice the principal issues of handling protected works, authorship and ownership, qualification, duration, infringement, and defences and permitted acts, all tailored to the music and entertainment industry as a whole across the industry. Where the necessary criteria are satisfied, copyright comes into being automatically and there is no requirement to register. For broader guidance on the subsistence of copyright, see Practice Note: Copyright—subsistence and qualification. Court of Justice judgments This Practice Note cites judgments from the Court of Justice in this field. For guidance on whether decisions of the Court of Justice bind UK courts, see Practice Note: Assimilated law— Assimilated case law. Protected works In the context of music, under the Copyright, Designs and Patents Act 1988 ( CDPA 1988), copyright exists in the...
What is retirement planning? How do you and your organisation perceive retirement? Is it welcomed or approached with dread? Do you actively prepare for your own and colleagues’ exit from work, or is it the proverbial elephant in the room, left untouched in the hope that something, someday, will sort it out? For professionals, lawyers included, the path towards stepping back can feel demanding. Effective planning for retirement needs to consider several strands: finances your partnership agreement regulatory matters business continuity retirement as a career Tackling these points early can shape a coherent plan that eases the shift for both the individual and the firm. Finances It is common for partners to weave business elements into personal financial arrangements, eg valuing goodwill on exit, property stakes, or even disposing of the practice. All too often these remain ideas without a robust approach to...
Practice Note: delivering learning and development This Practice Note sets out guidance on a range of approaches to delivering learning and development ( L& D) and includes: factors to consider when selecting learning methods learning methods learning styles Factors to consider when selecting learning methods A broad spectrum of learning, training and development options exists to address learning needs. The selection for each identified need will hinge on several elements, including: the nature and priority of the learning need the location of the learner the level of seniority and qualifications of the learner the subject matter organisational culture evaluation of the effectiveness of previous learning activities and events costs and budgets available learning styles When shaping an L& D programme, it is vital to recognise from the outset that a single approach will not suit...
What is leadership succession planning? The smooth handover of leadership is a significant hurdle for any organisation, big or small. Managed poorly, it can seriously harm your business. Succession planning is the deliberate sourcing and nurturing of capable people to assume your firm’s principal leadership posts. It typically unfolds over years, during which individuals are coached, developed, and then advanced into progressively more challenging positions. The opportunities on offer energise people and broaden your reservoir of talent. Robust succession planning ensures you have a leader, or leaders, ready to move the organisation forward when you: unexpectedly lose an essential member of the leadership team require a shift in pace or approach aim to concentrate on fresh markets are looking to grow confront retirement issues must finalise a...
Further guidance on investment treaty arbitration is also available in our subtopic: Investment treaty arbitration—overview. While this Practice Note includes links to selected News Analysis and other news items, additional news and the latest case content can be found in the News pod within the ICSID arbitration and Investment treaty arbitration subtopics... What is ICSID? Founded in 1966, ICSID is the sole multilateral body with a specific mandate to facilitate the peaceful settlement of international investment disputes arising from treaty obligations, contracts and investment laws. By being available to investors and states, it promotes international investment by building confidence in the chosen dispute resolution process. It also covers state‑to‑state disputes under investment treaties and free trade agreements, and acts as an administrative registry. ICSID is among the organisations most frequently designated in bilateral ( BIT) and multilateral ( MIT) investment protection treaties, alongside the...
This Practice Note introduces disclosure under the Civil Procedure Rules, highlighting the principal CPR provisions that regulate disclosure under CPR 31. It clarifies what constitutes a document for CPR purposes and supplies practical guidance for conducting a disclosure exercise. Note: this Practice Note does not cover claims within the Business & Property Courts Disclosure Scheme. For further detail, see: Disclosure Scheme ( Business & Property Courts)—overview. For assistance determining which disclosure regime applies to your matter, see: Which disclosure rules apply to my claim—flowchart? This Practice Note should be read together with: Disclosure—overview Inspection—overview Privilege and without prejudice communications—overview At the pre-action stage, be aware that certain pre-action protocols impose disclosure duties before proceedings commence. For more information, see: Pre-action disclosure and Norwich Pharmacal—overview. CPR provisions governing the disclosure process The CPR and case law form the legal framework governing...
For additional hands-on guidance on financing energy, power and resources projects across multiple sectors, including those covered in this Practice Note, see also the textbook titled Energy and Resources Financing: A Practical Handbook for reference. What is a CHP project? Combined heat and power ( CHP) is an efficient cogeneration approach that can draw on many different fuels, capturing and making practical use of the heat created during electricity production. Producing heat and electricity at the same time from a fuel source allows CHP to reach efficiencies beyond those of separate heat generation, for example a gas-fired boiler, and a conventional power station operating separately. Where both heat and power are required on the same site, CHP can cut energy expenditure, as well as carbon output and air pollution, meaning significantly lower operating costs. CHP is applicable to many thermal plant types, including energy from waste, biomass with CCUS (...
This Practice Note sets out the role of the National Institute for Health and Care Excellence ( NICE), clarifies its clinical guidelines, and gives examples of how to locate and use those guidelines in practice. What is the National Institute for Health and Care Excellence and what does it do? The National Institute for Health and Care Excellence ( NICE) is an executive non-departmental public body, created under the Health and Social Care Act 2012. Initially formed in 1999 as the National Institute for Clinical Excellence, it adopted the name NICE in 2005. It issues guidance for health, public health and social care practitioners and commissioners, develops quality standards, and supplies information services spanning health and social care. NICE’s guidance is delivered across three main areas: technology appraisals clinical guidance interventional procedures What is NICE clinical...
Scenario: Although the team is grafting, demand keeps rising while resources are tighter than ever. The familiar edict from the business to deliver more with less has been issued, even as operational pressures intensify. Some lawyers could be nearing burnout, yet the room for change is narrowing and the appetite for it is hard to detect. This is the all-too-common slide to a point where, despite solid day-to-day efforts, the team has lost momentum to stay ahead of demand and to influence the shape of its work. Three intertwined moving parts can improve matters: achieving a genuine cut in the volume of work flowing into the team resetting the team’s role, strategy and short-term objectives for the team putting in place the longer-term infrastructure around knowledge management, training and policy/process that helps to better manage future...
ARCHIVED: This archived Practice Note is not maintained and is supplied for background reference only. Moreover, some links may not lead you to provisions as they stood on the date guidance in this Practice Note was originally issued. For details on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note provides a summary of the CPR revisions taking effect on 1 December 2014 as a......
This Practice Note sets out the intellectual property considerations that affect 3D printing. It addresses the enforcement of patents, design rights, copyright and trade marks, and examines a range of industry uses for 3D printing together with the specific IP implications arising from them. What is 3D printing? Historically, products were created by casting into a mould, removing material from a block of steel, wood or similar, or by combining these processes. In contrast, 3D printing—also called additive manufacturing ( AM)—takes a different route to production, forming items layer by layer under computer control from a digital design. That digital design, typically originating from a 3D CAD representation of the object and described in this Practice Note as the ‘data file’, contains the full set of instructions the printer needs to fabricate the item. It defines the object’s dimensions, geometry and any surface...
2026: Key Restructuring & Insolvency cases Name of parties and citation(s) Re Esken Ltd ( Overseas Company Number FC041629) [2026] EWHC 495 ( Ch) Judgment date 6 March 2026 Subject Overseas company: shift from administration to VCL notwithstanding section 221 of the Insolvency Act 1986 ( IA 1986) Name of parties and citation(s) Mc Fadzean v Martinez and another [2026] EWHC 426 ( Ch) Judgment date 27 February 2026 Subject The ex-bankrupt’s request for leave to sue her former trustees in bankruptcy under IA 1986, s 304 failed, as she did not demonstrate a reasonably meritorious cause of action...
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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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