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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
Most recent Practice notes
2018: Key Restructuring & Insolvency cases [ Archived] This Practice Note is archived and is no longer being maintained. Sleight (as trustee of the estate of Jillian Paula Mascall deceased) v Crown Estate Commissioners [2018] EWHC 3489 ( Ch), [2018] All ER ( D) 111 ( Dec) Judgment: 19 December 2018 Subject: Vesting orders after disclaimer Lexis®PSL analysis: May a trustee in bankruptcy seek a vesting order once a disclaimer has been made? ( Sleight (as trustee of the estate of Jillian Paula Mascall deceased) v Crown Estate Commissioners) Bakhshiyeva (in her capacity as the foreign representative of the OJSC Internationl Bank of Azerbaijan) v Sberbank of Russia [2018] EWCA Civ 2802 Judgment: 18 December 2018 ...
ARCHIVED This Practice Note is archived and no longer maintained. This energy consultation tracking tool sets out the current position and latest developments of significant consultations run by government departments, regulators and other organisations on energy law and policy in England and Wales from 1 January to 31 December 2018. For updates from 1 January 2019, see: Energy consultations tracker 2019 [ Archived]. For updates from 1 January 2020, see: Energy consultations tracker 2020 [ Archived]. For earlier trackers, see: Energy consultations tracker 2017 [ Archived] Energy consultations tracker 2016 [ Archived] For our tracker outlining the anticipated future dates of major policy/regulatory announcements in the Great Britain ( GB) energy market. Closed consultations Consultations are listed in date order based on when they closed. The most recently closed consultation appears first in the table, so older items generally fall towards the end of the...
ARCHIVED This Practice Note is archived and no longer updated. The Construction horizon scanner monitors forthcoming developments of interest to construction lawyers; once an item materialises, it is shifted into the archive for its corresponding year. This page holds developments that took place in 2018. For case law, see: Construction case tracker—2018 [ Archived]. Legislation Invoice assignment: Prohibition on contract clauses that bar the assignment of a receivable, stop an assignee assessing its validity or value, or obstruct enforcement. When? 31 December 2018 What happened? The Business Contract Terms ( Assignment of Receivables) Regulations, SI 2018/1254 introduced the ban for contracts entered into on or after 31 December 2018. Find out more: Draft regulations were issued in September 2017 (see LNB News...
Property key future developments tracker The Property key future developments tracker monitors forthcoming matters relevant to property lawyers. After a development materialises, it is transferred to the archive for the appropriate year. This page stores items that took place in 2018... Appeal cases Rectification of a registered title—mistake Antoine ( Administrator of the estate of Joseph Antoine deceased) v Barclays Bank plc and others [2018] EWCA Civ 2846, [2019] All ER ( D) 09 ( Jan) What happened? The Court of Appeal delivered judgment and dismissed the appeal. It upheld that entering a proprietor on the register pursuant to a court order secured by reference to forged documents was not a ‘mistake’ justifying rectification. Registration grounded on a valid court order was treated as comparable to a voidable transaction, rather than a void one. When? 20 December 2018. Find out more: See News...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note compiles principal appellate cases (ie rulings of the Court of Appeal and the Supreme Court and, where applicable, selected judgments of the Court of Justice of the EU ( CJEU)) that we have covered, to make it simpler for users to locate those decisions. You can navigate the material via the collapsible table of contents on the left-hand margin and/or by using the hyperlinks listed below. The cases are arranged under these headings: Key DR Developments Brexit Applicable law Rome I Jurisdiction ...
Banking & Finance—key dates and future developments tracker: 2018 [ Archived] This Banking & Finance key dates and future developments tracker is designed to help banking and finance lawyers monitor forthcoming milestones, dates and undertake horizon scanning. It also captures future changes from other practice areas where these are relevant to banking and finance practitioners, although some of those teams issue their own trackers. Please note, this tracker does not include every consultation on financial services regulation (including derivatives and capital markets). Instead, it spotlights those the Banking & Finance team regard as most pertinent to banking and finance practitioners and to facility documentation. For comprehensive coverage of European Union ( EU) and US financial services regulatory developments, see Practice Note: Trackers and Timelines—financial services for a complete list of all timelines from the Financial Services team. Those timelines follow, in depth,...
Banking & Finance—key dates and future developments tracker: 2017 [ Archived] This Banking & Finance key dates and future developments tracker is designed to help track forthcoming developments, dates and horizon scanning for banking and finance lawyers. Developments from other practice areas regarded as relevant to banking and finance lawyers are also included, although some practice areas publish their own trackers. Please note, this tracker does not capture every consultation on financial services regulation (including derivatives and capital markets regulation). Instead, it highlights those matters the Banking & Finance team consider most pertinent for banking and finance practitioners and facility documentation. For comprehensive coverage of European Union ( EU) and US financial services regulatory developments, see Practice Note: Trackers and Timelines—financial services for a complete list of all timelines compiled by the Financial Services team. Those timelines monitor, in detail,...
ARCHIVED : This Practice Note has been archived and is not maintained. Keeping pace with case law that shapes a practice area is a constant challenge for practitioners. This Practice Note distils the principal appeal decisions ( Court of Appeal and Supreme Court, and, where appropriate, the Court of Justice of the European Union ( CJEU)) that we have reported, providing users with straightforward access to those rulings. The tracker is browsable, and cases are grouped under the following headings: Key DR developments, Applicable law, Jurisdiction, Service, Limitation, Claims and remedies, Injunctions and other relief orders, Pre-action, Litigation, Case management, Applications specific, Evidence and disclosure, Settlement, ADR, Appeals and Judicial Review, Costs and funding, Enforcement, Insolvency Alternatively, search the tracker using [ CTL]+[ F]. This resource is not intended to be a complete catalogue of all appeals. Key DR...
2017: Key Restructuring & Insolvency cases [ Archived] This Practice Note is archived and no longer under maintenance...
ARCHIVED : This case tracker is archived and is no longer actively maintained. It presents a catalogue of notable pensions judgments delivered in 2017 by the courts. The entries in this tracker are arranged by subject. Those subjects appear in the Table of Contents (on the left side of the page), set out there. This Practice Note includes citations to case law from the Court of Justice of the European Union. In general, EU judgments issued on or before 31 December 2020 remain binding on UK courts and tribunals (even where the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part, EU case law produced after that date is not binding on the UK, though UK courts and tribunals may still have regard to EU judgments where relevant. For fuller...
ARCHIVED This Practice Note is archived, is no longer maintained, and is supplied solely for background information. In addition, certain links may not lead to the provisions as they stood at the time this Practice Note’s guidance was issued. It assembles the series of News Analyses prepared by our Dispute Resolution contributors, featuring their evaluation of the principal cases and developments impacting Dispute Resolution lawyers during the first half of 2017. The seven ensuing News Analysis pieces stretch across a number......
January 2017 Date Event 15 January 2017 The consultation on the administration regime for financial market infrastructures concludes. For more detail, see News: Government consults on administration regime for financial market infrastructures ( LNB News 11/11/2016 145). February 2017 Date Event 1 or 2 February 2017 Appeal hearing ( Court of Appeal): Tchenguiz and others v Grant Thornton UK LLP and others ( LNB News 12/08/2015 125). Challenged decision: [2015] EWHC 1864 ( Comm), [2015] All ER ( D) 36 ( Jul) ( Carr J, 1 July 2015). For analysis of that ruling, see News Analysis: Icelandic banks, jurisdiction and the Lugano Convention. UPDATE: Court of Appeal ruling: [2017] EWCA Civ 83, [2017] All ER ( D) 40 ( Mar). For commentary on that result, see News Analysis: Allocation of jurisdiction for claim in winding-up process ( Tchenguiz v Kaupthing Bank HF). 8 February 2017 The...
Insurance & Reinsurance case tracker—2017 [ Archived] ARCHIVED: This has been archived and is no longer maintained. It surveys insurance-related proceedings in the High Court, Court of Appeal, Supreme Court and the Court of Justice of the European Union (including the General Court). Drawn from our monitoring and analysis of relevant hearings—occasionally supplemented by notes from our own reporters present in court—its purpose is to record key matters promptly and in one accessible location. The Insurance case tracker sets out the status of cases covered since January 2017, includes forthcoming matters, and was updated on a fortnightly cycle. The following abbreviations are used: European Court of Justice / Court of Justice of the European Union — ECJ Court of Justice of the European Union — General Court — CJEU- GC Supreme Court — SC Court of Appeal — CA High Court — HC ...
ARCHIVED: This Practice Note is archived and is not being maintained. STOP PRESS: From 1 April 2019, National Grid Electricity System Operator ( NGESO) became a distinct legal entity within the National Grid Group, separating the system operator ( SO) and transmission owner ( TO) functions previously held by National Grid Electricity Transmission plc ( NGET). NGESO now acts as SO, while NGET continues as TO. Accordingly, this Practice Note is being revised. For details of the consequences of the split, see Practice Note: The Split of National Grid’s Transmission Owner ( TO) and System Operator ( SO) Roles and Licences [ Archived]. This Energy consultation tracker presents the current position and latest developments for key consultations opened from 1 January 2017 by government departments, regulators and other bodies relating to energy law and policy in England and Wales. For consultations opened in 2018, see Practice Note: Energy...
The Property key future developments tracker monitors significant forthcoming developments of interest to property lawyers. Once a development takes place, it is moved into the archive for the appropriate year. This is the archive for events that occurred in 2017. Appeal cases What happened? When? Find out more Possession proceedings - mesne profits Farrar v Leongreen Ltd [2017] EWCA Civ 2211, [2018] All ER ( D) 13 ( Jan). The Court of Appeal delivered judgment on 21 December 2017. In Farrar v Leongreen Ltd, the Court of Appeal concluded that a landlord who had obtained possession against a former tenant was not, by virtue of res judicata, prevented from issuing a fresh claim to recover mesne profits from that former tenant. The second suit proceeded on causes of action that were distinct from those relied upon in the earlier possession proceedings. The outcome was the same as if the...
February 2016 Date Event 2 February 2016 Hearing at Court of Appeal: Re Barons Finance Ltd (in liquidation) ( LNB News 12/08/2015 121). Judgment under challenge: [2015] EWHC 2007 ( Ch), [2015] All ER ( D) 126 ( Jul). For more detail on that ruling, see News Analyses: Putting assets out of reach of creditors and Permission to appeal— Barons Finance litigation continues. Update: Court of Appeal ruling: [2016] EWCA Civ 550, [2016] All ER ( D) 79 ( Jun)......
Banking & Finance—key dates and future developments: 2016 [ Archived] Please note we are not covering every consultation; for details not captured in this Practice Note, please see our Regulatory timelines and trackers in the key resources section of the homepage. January 2016 Date | Subject matter | Key development 1 January — Solvency II — The Solvency II framework takes effect—see the Europa website. 1 January — FSCS limits — The Financial Services Compensation Scheme ( FSCS), which protects savers by guaranteeing deposits in savings accounts, will be cut from £85,000 to £75,000—see LNB News 06/07/2015 9. 1 January — The Taxation of Regulatory Capital Securities ( Amendment) Regulations 2015 — The Taxation of Regulatory Capital Securities ( Amendment) Regulations 2015 ( Amending Regulations) stipulate that Solvency II-compliant instruments issued by insurers and other financial institutions as debt are brought within income tax under the...
2016: Key Restructuring & Insolvency cases [ Archived] This Practice Note is archived and not maintained. Parties and citation(s), judgment date, subject, Lexis®PSL analysis Hawk Recovery Ltd v Hall and others [2016] EWHC 3260 ( Ch) Judgment date: 21 December 2016 Subject: Rights to possession of property Lexis®PSL analysis: Possession rights in bankruptcy ( Hawk v Hall) R v Neuberg [2016] EWCA Crim 1927, [2016] All ER ( D) 92 ( Dec) Judgment date: 15 December 2016 Subject: Confiscation orders Lexis®PSL analysis: Challenging a confiscation order ( R v...
Insurance & Reinsurance case tracker—2016 [ Archived] ARCHIVED: This tracker is archived and no longer maintained. This centres on 2016 insurance-related decisions in the High Court, Court of Appeal, Supreme Court and the Court of Justice of the European Union (covering the General Court and the Court of Justice). It is assembled from our monitoring and analysis of pertinent court proceedings, at times drawing on reports from our own law reporters present in court. The purpose is to record significant cases as promptly as possible, gathered in one convenient place. The tracker shows the status of cases reported since January 2016, including upcoming cases, and is refreshed fortnightly. The following abbreviations are used: European Court of Justice / Court of Justice of the European Union— ECJ Court of Justice of the European Union– General Court– CJEU- GC Supreme Court— SC Court of Appeal— CA High...
ARCHIVED: This Practice Note is archived and is not being actively maintained. STOP PRESS: As of 1 April 2019, National Grid Electricity System Operator ( NGESO) became a distinct legal entity within the wider National Grid Group, dividing the system operator ( SO) and transmission owner ( TO) functions previously carried out by National Grid Electricity Transmission plc ( NGET) alone. NGESO now fulfils the SO function, while NGET will continue to serve as TO on an ongoing basis. Accordingly, this Practice Note is presently undergoing updates. For further details on the consequences of the separation, see Practice Note: The Split of National Grid’s Transmission Owner ( TO) and System Operator ( SO) Roles and Licences [ Archived]. This Energy consultation tracker tool presents the current position and latest developments of key consultations opened from 1 January 2016 conducted by government...
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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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