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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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ARCHIVED This Practice Note is archived and no longer maintained. It highlights the key dates for restructuring and insolvency professionals in 2025, including appeal court hearings, consultation deadlines, events and the commencement of insolvency-related legislation. January 2025 1 January 2025 — The Financial Services and Markets Act 2023 ( Commencement No 4 and Transitional and Saving Provisions) ( Amendment) Regulations 2023 ( SI 2023/1382) are made under FSMA 2023 in connection with Brexit. They commence, on this date, provisions of FSMA 2023 requiring the Bank, Financial Conduct Authority, Prudential Regulation Authority and Payment Systems Regulator to have regard, when exercising their functions, to the need to contribute towards the Secretary of State’s compliance with section 5 of the Environment Act 2021. See: LNB News 15/12/2023 53. 6 January 2025 — Chief ICC Judge Briggs...
ARCHIVED: This Practice Note is archived and is not being maintained. This case tracker outlines the current position and latest updates in significant cases of interest to corporate practitioners where judgment has been delivered, or is expected, in 2025. It highlights key matters before the High Court, Court of Appeal and the Supreme Court. It is not designed to be a complete list of all cases heard in 2025. For this tracker, CA 2006 denotes the Companies Act 2006 and FSMA 2000 denotes the Financial Services and Markets Act 2000. December 2025 Case details and analysis Revenue and Customs Commissioners v Purity Ltd [2025] EWHC 3401 ( Ch) — High Court Subject Restructuring and insolvency for corporate lawyers Summary The Chancery Division granted a winding-up order on a petition brought by HM Revenue & Customs against Purity Limited. This was the first petition issued under section 85 of the Finance Act 2022 ( FA...
Banking & Finance—key dates and future developments tracker: 2025 [ Archived] ARCHIVED: This Banking & Finance key dates and future developments tracker is archived and no longer maintained. It is designed to assist banking and finance lawyers in keeping tabs on upcoming developments, key dates and horizon scanning. Developments from other Practice Areas considered relevant to banking and finance lawyers are captured within this tracker, noting that some of those Practice Areas also issue their own trackers. Please be aware that this tracker does not attempt to cover every consultation connected to financial services regulation (including derivatives and capital markets regulation). Rather, it draws out those matters the Banking & Finance team consider most relevant to banking and finance practitioners and facility documentation. For comprehensive coverage of UK and European Union ( EU) financial services regulatory developments, see Practice Note: Trackers and...
ARCHIVED: This tracker is archived and is no longer maintained. It contains a list of recent, important judgments that were issued in 2024, organised by topic area. Those topics appear in the Table of Contents (to the left of the page). For a list of significant pension judgments from 2024 arranged by date, see: the Case tracker—2024 pensions judgments—by date [ Archived].......
2024: Key Restructuring & Insolvency cases [ Archived] ARCHIVED: This Practice Note remains archived and is no longer maintained...
ARCHIVED : This archived Practice Note compiles major dispute resolution ( DR) appeals and notable appellate rulings in general civil litigation in England and Wales from 2024 to date. It also highlights key forthcoming appeal matters (to support horizon scanning) together with reported judgments delivered in the Supreme Court, Court of Appeal, Competition Appeal Tribunal, Judicial Committee of the Privy Council (the Privy Council), Court of Justice of the European Union ( Court of Justice), and the European Court of Human Rights ( ECt HR). Links are provided to the judgment and any bespoke News Analysis to aid understanding of the principles engaged and the impact of the decisions. It is not maintained and is offered for background use only. For details of key DR appeals from 2025 to date, see Practice Note: Dispute resolution: key appeal cases—2025 [...
ARCHIVED : This Practice Note has been archived and is not maintained. For cases from 1 January 2025 onwards, see Practice Note: Tracker of Part 26 scheme/ Part 26A restructuring plan hearing dates 2025. This tracker records selected hearing dates taken from the High Court, Insolvency and Companies Court ( Chancery Division) daily cause list from 1 January 2024 onwards, listed most-recent first, for: Part 26 schemes of arrangement, creditor/member schemes (see: Schemes of arrangement—overview) Part 26A restructuring plans (see Practice Note: Part 26A restructuring plans: history, rationale and scope) Part VII transfer schemes: insurance business transfer schemes under Part VII of the Financial Services and Markets Act 2000 (see Practice Note: Insurance business transfer schemes) Note that solvent schemes of arrangement for internal corporate reorganisations, take-over or merger schemes are covered here. See News Analysis: Market Standards Trend...
Banking & Finance—key dates and future developments tracker: 2024 [ Archived] This Banking & Finance tracker of key dates and forthcoming developments is designed to help banking and finance solicitors monitor upcoming milestones, timelines and undertake horizon scanning activities as appropriate. It also captures future changes from other Practice Areas where they are judged pertinent for banking and finance practitioners. Several of those Practice Areas publish separate trackers as well of their own. Note that it does not attempt to include every consultation on financial services regulation (such as derivatives and capital markets). Rather, it flags the consultations the Banking & Finance team deem most relevant for practitioners and facility documentation also. For fuller coverage of UK and European Union ( EU) financial services regulatory developments, refer to Practice Note: Trackers and...
ARCHIVED: This archived tracker sets out a list of significant pensions judgments issued in 2023, arranged by date. You can move through the entries using the Table of Contents to the left. Please note that pensions judgments from 2023 handed down by the General Regulatory Chamber ( GRC) of the First-tier Tribunal ( FTT) and the Upper Tribunal ( UT) that specifically concern appeals against decisions of the Pensions Regulator for breaches of automatic enrolment duties are captured in a separate tracker — see: Case tracker—2023 auto-enrolment pensions judgments. For a topic-based index of notable 2023 pensions judgments, see: Case tracker—2023 pensions judgments—by topic. December 2023 There were no significant pensions judgments delivered in December 2023 (however, there were several pensions judgments from the General Regulatory Chamber ( GRC) of the First-tier Tribunal ( FTT) in December 2023 that relate to appeals against...
The Quoted Companies Alliance ( QCA) is an autonomous membership body advocating for the interests of small and mid-sized quoted businesses. A core objective is to foster high-quality corporate governance across quoted entities. On 13 November 2023, the QCA issued an updated edition of its corporate governance code ( QCA Code), the first revision since 2018. The QCA Code distils essential aspects of sound governance and applies them in a way that is practical for the varied requirements of growing enterprises. Tailored to the differing needs of developing companies across various stages. Application Unlike the UK Corporate Governance Code (which applies to companies with a listing of equity shares in the equity shares (commercial companies) category, or the closed-ended investment funds category), the QCA Code is not confined to any defined class of company. In practice, however, it is most often adopted by small and...
ARCHIVED: This Practice Note has been archived and is not maintained. This Environment cases tracker tool presents notable decisions and appeal developments of interest to Environment lawyers from 1 January 2022. The tracker is organised into: the Upper Tribunal the High Court of England and Wales the Court of Appeal the UK Supreme Court the Judicial Committee of the Privy Council Judgments and appeal updates appear under the court that issued the most recent ruling. Cases are arranged in reverse chronological order, with the latest first. For earlier significant decisions and appeal updates, see: Environment cases tracker 2021. Upper tribunal Case: Taylor Engineering and Plastics Ltd v Environment Agency [2022] Lexis Citation 147 Judgment date: 5 July 2022 Key facts/analysis: The First-tier Tribunal ( FTT) concluded that a penalty levied by the Environment Agency ( EA) for Taylor Engineering and Plastics Ltd’s failure to report...
Banking & Finance—key dates and future developments tracker: 2020 [ Archived] This Banking & Finance key dates and future developments tracker serves as a tool for monitoring forthcoming milestones, timelines and horizon-scanning items for banking and finance lawyers. It also captures upcoming matters from other practice areas where they are pertinent to banking and finance specialists, though some of those fields maintain their own dedicated trackers. Note that the tracker does not attempt to list every consultation on financial services regulation (such as those concerning derivatives or capital markets). Rather, it spotlights the consultations the Banking & Finance team deem most significant for practitioners and for facility documentation. For a fuller picture of European Union ( EU) and US financial services regulatory progress, refer to Practice Note: Trackers and Timelines—financial services. That resource provides a complete catalogue of timelines produced by the...
2020: Key Restructuring & Insolvency cases [ Archived] Name of parties and citation(s) Judgment date Subject Analysis SSF Realisations Ltd ( In Liquidation) v Loch Fyne Oysters Ltd [2020] EWHC 3521 ( Ch) 21 December 2020 Whether a company’s payment to its sole shareholder complied with Part 23 of the Companies Act 2006 Where unlawful distributions meet insolvency ( SSF Realisations Ltd ( In Liquidation) v Loch Fyne Oysters Ltd) ING Bank NV v Banco Santander SA [2020] EWHC 3561 ( Comm), [2020] All ER ( D) 120 ( Dec) 21 December 2020 Which instrument governs jurisdiction—the Insolvency Regulation or Brussels I ( Recast)? To be heard in England or not—is...
ARCHIVED: This Practice Note is archived and not maintained, and will not be updated. This Energy consultations tracker tool sets out the current position and latest developments of key consultations carried out by government departments, regulators, and other relevant bodies regarding energy law and policy in England and Wales between 1 January and 31 December 2020 inclusive. The Department for Energy Security and Net Zero ( DESNZ) was formed on 7 February 2023 and has assumed the energy portfolio of the former Department for Business, Energy and Industrial Strategy ( BEIS), which no longer exists. For information on earlier consultation trackers, see as follows: Energy consultations tracker 2019 [ Archived] Energy consultations tracker 2018 [ Archived] Energy consultations tracker 2017 [ Archived] Energy consultations tracker 2016 [ Archived] For our tracker setting out the expected future dates of major...
ARCHIVED: This Practice Note is archived and not maintained The Property case tracker is a compilation of significant judgments from 2020 that we regard as pertinent to property lawyers, presented with the latest first. This tracker uses the following definitions: AST: assured shorthold tenancy FTT: First-tier Tribunal HMO: house in multiple occupation 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, whereas this document provides a summary of all cases we consider relevant to property lawyers. See further: Property case tracker—2021. December 2020 Case: R (on the application of Day) v Shropshire Council and another [2020] EWCA Civ...
ARCHIVED: This Practice Note is archived and no longer maintained. It records the progress of UK primary legislation introduced in relation to the UK’s withdrawal from the EU during the 2019–21 Parliament. Quick links Use the links below to move directly to the relevant section or tracker. Central tracker Follow the options below to access our central Brexit legislation tracker and the Brexit SI database: Brexit legislation tracker Brexit SI database Practice area trackers Visit the trackers covering Brexit legislation within specific practice areas: Commercial Corporate Crime Dispute Resolution Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax TMT [ Archived] For more updates and guidance tailored to individual practice areas, see Practice Note: Brexit collection......
ARCHIVED : This Practice Note offers an archived overview of the principal legal developments that affected corporate lawyers in 2019 and is no longer updated. Unsurprisingly, Brexit was a major focus. To follow Brexit-related legislation, including statutory instruments, use the Brexit legislation tracker; the Brexit collection and Brexit timeline are also helpful. To monitor legal and regulatory change on particular subjects, see: Markets in Financial Instruments Directive ( Mi FID II) and Markets in Financial Instruments Regulation ( Mi FIR) — timeline (2007–2023) [ Archived] Market Abuse Regulation — timeline Listing Rules tracker Prospectus Regulation Rules tracker EU Prospectus Regulation tracker (2001–2020) Disclosure Guidance and Transparency Rules tracker Transparency Directive tracker [ Archived] For key cases of interest to corporate practitioners, see: 2019: Corporate case tracker 2018: Corporate case tracker To track or assess market practice, consult the Market Standards deal analysis tool, which includes over 4,000 summaries of public company deals. Further detailed...
Banking & Finance—key dates and future developments tracker: 2019 [ Archived] This Banking & Finance tracker of key dates and forthcoming developments is designed to help track imminent developments, dates and horizon scanning for banking and finance lawyers. It also captures forthcoming changes from other practice areas where these are judged relevant to banking and finance lawyers. Note that other practice areas may publish their own trackers. This tracker does not attempt to include every consultation on financial services regulation (covering, for example, derivatives and capital markets regulation). Rather, it selects those items the Banking & Finance team view as most pertinent for banking and finance practitioners and for facility documentation. For fuller coverage of European Union ( EU) and US financial services regulatory developments, refer to Practice Note: Trackers and Timelines—financial services, which lists all timelines issued by the Financial Services team. Those...
January 2019 1 January 2019: The CPRC authorises a two-year disclosure pilot commencing on 1 January 2019 (see LNB News 01/08/2018 44). 1 January 2019: IFRS 16, the new accounting standard on lease accounting, comes into force and establishes a single accounting model for lessees (see News Analysis: Finance Bill 2019 and accounting changes for leases). 1 January 2019: Under section 6 and Schedule 1 of the Financial Services ( Banking Reform) Act 2013 ( FS( BR) A 2013), certain UK financial institutions with significant retail and small and medium-sized enterprise ( SME) banking activity must ring-fence specified services for retail and SME depositors, within a separate legal entity from this date, which cannot conduct designated wholesale and investment banking activities (see the commencement provisions in the Financial Services ( Banking Reform) Act 2013 ( Commencement No 12) Order 2018, SI 2018/1306 mentioned at LNB News...
ARCHIVED This Practice Note has been archived and is not maintained. This Practice Note compiles the particulars of notable awards and determinations delivered by tribunals in investment treaty arbitration matters, chiefly those administered by the International Centre for the Settlement of Investment Disputes ( ICSID). It additionally encompasses pertinent awards and determinations in cases conducted under the United Nations Commission on International Trade Law ( UNCITRAL) Arbitration Rules and run by other arbitral bodies, including the Arbitration Institute of the Stockholm Chamber of Commerce ( SCC), the Permanent Court of Arbitration ( PCA) and the International Court of Arbitration of the International Chamber of Commerce ( ICC). Although investment treaty arbitration does not operate a recognised doctrine of precedent, earlier decisions are frequently relied upon by parties during proceedings and considered by arbitral tribunals in their rulings. This Practice Note only includes awards and...
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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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