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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 the ? The , or TSC, forms part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). It is intended to appoint a contractor for a defined period to manage and deliver a service—this may include construction activities, but it is equally applicable to other service provision Maintaining highways within a specified area Providing security personnel for a site Maintaining a nuclear power station Delivering ambulance services for a group of hospitals These examples, drawn from the NEC Guidance Notes, show that it covers both ‘hard’ and ‘soft’ facilities management services (see Practice Note: What is Facilities Management Contracting?). As with other NEC forms, it can be adopted in both the public and private sectors and is suitable for services of any value It is not intended to operate like the NEC3/ NEC4 Framework...
This Practice Note sets out the requirements for reporting a claim to the Compensation Recovery Unit ( CRU), and describes the steps for applying for a CRU certificate, requesting a review, seeking mandatory reconsideration, and appealing a certificate that lists recoverable benefits and lump sum payments. Separate legislation applies to the recovery of NHS charges. For guidance on requesting and challenging an NHS charges certificate, see Practice Note: Recovery of NHS charges. Recovery of social security benefits A claimant may receive state benefits arising from an accident, injury or disease. The Department for Work and Pensions ( DWP) operates a scheme to recover these benefits from the compensator (the defendant or, more commonly, the defendant’s insurers) through the CRU. For further information, see Practice Note: Recovery of social security benefits. Reporting requirements The CRU provides an online service enabling compensators and their...
This Practice Note offers hands-on guidance on what is required for a company seal. If a company keeps a seal and chooses to use it, practitioners must check it meets the applicable provisions of the Companies Act 2006 ( CA 2006). Do note, not every company holds a seal, and those that do are not required to execute simple documents under seal, where appropriate and necessary. For more detail, see Practice Note: Execution formalities—companies. We have developed a comprehensive, interactive collection to help users pinpoint and navigate key concepts and frequent issues when executing documents, including guidance on using a company seal. It brings together practical guidance, relevant precedent clauses and Q& As for each section or phase, enabling users to work methodically through that stage. For further information, see: Execution collection for...
What is a community interest company? A community interest company ( CIC) is a form of limited liability company created to carry on business for social aims or to benefit a community. CICs must meet ordinary UK company law obligations and are also overseen by additional rules to ensure their assets, income and profits are applied for the community they are set up to serve. A CIC is a social, profit-making enterprise. It is not a ‘not-for-profit’ organisation; it must generate profit to remain solvent, but those profits are committed to its community purpose rather than private gain. Legal framework The principal legislation governing CICs comprises: the Companies Act 2006 ( CA 2006) and subordinate legislation the Companies ( Audit, Investigations and Community Enterprise) Act 2004, Part 2 and Schedules 3 to 7 ( C( AICE) A 2004) the Community Interest Company...
This Practice Note presents, in a table, the kinds of costs orders most often made by the court before trial and explains their usual effect, mirroring the table at CPR PD 44, para 4.2. The table is indicative rather than exhaustive and includes: costs in any event costs in the case costs reserved costs thrown away The Practice Note also looks at further costs orders the court may make, eg to manage the costs incurred or to permit recovery of costs from non-parties/third parties. It summarises the effect of these orders and states the legal basis for them, eg the CPR, legislation or the common law, and provides links to the underlying guidance. Cost orders prior to trial Some pre-trial costs orders determine how costs are to be addressed and are commonly made during proceedings prior to trial. The table below reproduces CPR PD 44, para 4.2, and is...
This Practice Note examines case management conferences ( CMCs) in the Commercial Court. The guidance is specific to proceedings in that court and should be read alongside: Commercial Court–specific resources on case management—see Practice Notes: Commercial Court—case management, Commercial Court—list of common ground and issues, Making an application in the Commercial Courts and The application notice in the Commercial Court—form N244( CC), and Commercial Court—preparing for the first CMC—checklist General, non‑court‑specific material on case management (where applicable to the Commercial Court)—see: Multi-track—case management—checklist, Court's case management powers—overview and Practice Notes: Multi-track—case management, Multi-track—case management conference ( CMC) and Case management—court's powers under CPR 3— Dispute Resolution Fixing the case management conference ( CMC) In the Commercial Court, a CMC is compulsory in every case ( Commercial Court Guide, paras D2.1(e) and D3.1; CPR 58.13(3)). It should be listed as soon as...
NOTE: From 1 January 2026, the Commercial Court and the London Commercial Court will run a pilot pursuant to CPR PD 51ZH, under which certain documents used at public hearings (including witness statements and skeleton arguments) are made publicly available by default. Practitioners issuing applications in these courts should acquaint themselves with the pilot and ensure suitable measures are taken to protect clients when preparing any affected material. For guidance, see Practice Note: Non-party access to court documents and information in civil proceedings. Applications in the Commercial Courts If your matter proceeds in the Commercial Court, the Commercial Court Guide governs any application you bring. Where the claim is in a Circuit Commercial Court, the Commercial Court Guide applies as adapted by the Circuit Commercial Court Guide (see Circuit Commercial Court Guide, para A1.3). This Practice Note offers guidance on...
What is commercial awareness/business acumen? This Practice Note offers practical guidance and tips for in-house lawyers on cultivating and enhancing their commercial awareness and business acumen. These capabilities develop progressively—rather than as a single, completed lesson—and should keep evolving. In brief: Commercial awareness is understanding the business landscape you operate in and the elements that may affect or influence success Business acumen (also called having business sense or being business savvy) blends knowledge, skills and experience with the confidence and ability to apply them to make sound decisions, plan strategically, deliver successful outcomes and boost performance Remaining commercially alert and current with trends and issues that could affect your business or sector is vital to ensure you support and advise your organisation in the most effective way... Gaining familiarity with your organisation Most businesses will expect their in-house lawyers to be familiar with the: ...
Practice Note The unanticipated arrival of the Competition and Markets Authority ( CMA) — or another sector regulator — to execute a dawn raid is rarely welcome for any organisation and its officers or employees. This Practice Note sets out an outline of the CMA’s inspection powers, including unannounced visits, addressing: the CMA’s authority to carry out dawn raids the CMA’s ability to conduct interviews the boundaries on these powers (for example, legal privilege and protection against self-incrimination) practical pointers, including how to contest a warrant Specifically, the Note examines powers linked to civil investigations (undertaken under the Competition Act 1998 and strengthened by the Digital Markets, Competition and Consumers Act 2024 ( DMCC Act 2024)) and to criminal investigations into the cartel offence (as provided in Part 6 of the Enterprise Act 2002 ( EA 2002)). It also notes that the CMA’s civil powers under Part 1 of the...
Bankruptcy estate Under section 306(1) of the Insolvency Act 1986 ( IA 1986), the bankrupt’s estate passes to the trustee in bankruptcy (trustee) immediately upon their appointment, whether that is the official receiver ( OR) or an insolvency practitioner ( IP). Property transfers automatically, without any conveyance of title, assignment or transfer whatsoever. The bankrupt’s estate includes: all property belonging to, or vesting in, the bankrupt at the commencement of the bankruptcy (ie when the bankruptcy order is made), and any property which, by virtue of IA 1986, Pt IX, is comprised in, or treated as falling within, the estate ‘ Property’ is defined in very broad terms. For further reference, see: What vests and does not vest in the trustee in bankruptcy—checklist. In addition to property that is plainly part of the estate on bankruptcy, there are two principal ways the trustee can augment the property within the...
The Civil Contingencies Act 2004 The Civil Contingencies Act 2004 ( CCA 2004) constitutes the principal legal framework for managing large-scale emergencies across the UK. Part 1 of the CCA 2004 places obligations on a spectrum of public bodies and designated private entities (e.g. energy suppliers and telecommunications operators) to carry out contingency planning and co‑operation for emergencies. Part 2 of the CCA 2004 empowers a senior government minister to make emergency regulations, including provisions capable of altering primary legislation. It should also be recognised that a variety of other exceptional statutory powers can be used in a crisis without any declaration under Part 2. For example, primary legislation such as the Coronavirus Act 2020 and section 14 of the Human Rights Act 1998 ( HRA 1998) enables a Secretary of State to issue a designated derogation from rights under the European...
The choice of the seat or legal place of the arbitration Selecting the seat, or legal place, of arbitration is a central consideration when drafting an international arbitration agreement, because the seat constitutes the juridical (legal) home of the proceedings. For further detail on why the arbitral seat matters and how it is identified, see Practice Note: The seat of the arbitration. Criteria that parties and practitioners should weigh when choosing a seat, together with the questions to pose about them, are outlined in the table below; however, the most suitable seat for any arbitration clause in a given contract will inevitably be shaped by the particular circumstances of the dispute... As an illustration, Debevoise & Plimpton list their five generally recommended seats in the 2018 Debevoise International Arbitration Clause Handbook, presented alphabetically: Hong Kong London New York Paris ...
Arbitration is a widely used route for settling international commercial disputes. This Practice Note reviews the principal features that set international arbitration apart from English and Welsh civil litigation (using England and English as convenient shorthand). It also outlines perceived benefits of arbitration and highlights situations in which litigation may be the more suitable method of dispute resolution. The following introductory Practice Notes may be of interest: Arbitration—an introduction to arbitration’s key features Institutional arbitration—an introduction to the core features of institutional arbitration Ad hoc arbitration—an introduction to the key features of ad hoc arbitration International arbitration—an introduction to the key features of international arbitration International arbitration—key differences between international and domestic arbitration Choosing between arbitration and litigation Sophisticated commercial parties frequently include an arbitration clause (an arbitration agreement) in their commercial contracts. If well drafted, the arbitration agreement can give the parties greater control over how their disputes are...
Charity trustees’ responsibilities—and the resulting potential liabilities—fall into three groups: statutory duties, fiduciary obligations owed to the charity, and common law duties owed to third parties. The Charities Act 2022, which revises the Charities Act 2011 ( CA 2011) following the Law Commission Report on various technical matters in charity law, has not yet come fully into force. The main unresolved point relates to ex gratia payments by charities, eg to a deserving yet disappointed beneficiary under a Will that, owing to a technicality, leaves a benefit to a charity. Any enquiry in this area calls for checking the most current legislative position. Statutory duties The CA 2011 sets out a range of specific duties for charity trustees......
Trustees can appear in many different forms. They may be individuals, companies, or even a local authority in appropriate cases, as the law permits. That said, some categories of trustee face restrictions in practice. Companies can act as trustees, yet their ability to hold trust property is curtailed. Typically, such bodies are confined to serving as trustees of charitable trusts created to pursue the purposes for which they exist. One benefit, however, is that any property vested in that trustee automatically devolves to its successor without further conveyance. For charities connected with non-educational Church of England matters, churchwardens may serve ex officio as trustees, but only as regards personalty and not realty; otherwise a Diocesan authority or other custodian trustee must also be in place. Under the School Sites Act 1841 ( SSA 1841), the churchwardens of a church can be...
Introduction A charging order affecting land needs safeguarding by registration at each step in obtaining it, to preserve its precedence over rival interests and, crucially, to avoid it being ineffective against a purchaser for value. That said, the appropriate method of protection—and, on one occasion, whether any protection is possible—depends on the nature of the charged land interest. For registration, the critical divide is between an order attaching to the legal estate and one securing a beneficial interest under a trust of land. The importance of this difference is addressed under Protecting the charging order below... Protecting an application for a charging order Registered land Under the Land Registration Act 2002 ( LRA 2002), a pending land action takes its meaning from section 17 of the Land Charges Act 1972 ( LCA 1972), namely ‘any action or proceeding pending in court relating to land or any...
Certificate of title A certificate of title (sometimes referred to as a certificate on title) is a distinct form of report on title. When solicitors are engaged to examine the title to land—for example, where land is being acquired or offered as security—they prepare a report on title for their client, setting out the results of that investigation. Details of rights benefiting the land Any charges, easements, or other third-party interests or potential interests that burden the land The process of investigating title is also known as legal due diligence. See Real estate in corporate transactions—overview for further information. Sometimes, a client will instruct its solicitors to produce a report on title for someone other than the client, for instance a mortgage lender or a purchaser of shares in a company owning the land, or in relation to a company flotation or a tender...
ARCHIVED : This Practice Note is archived and is not being updated. CPR PD 51O has been revoked and, from 1 October 2025, superseded by CPR PD 5C. For help with CPR PD 5C, consult the Practice Notes: How to use CE- File—from 1 October 2025 and When and where is CE- File applicable?—from 1 October 2025. NOTE: the CE- File pilot is scheduled to end on 1 November 2025. From 1 October 2025, CPR PD 51O is replaced by CPR PD 5C, which renders CE- File a permanent feature. For assistance on the revised regime, including what has changed between CPR PD 51O and CPR PD 5C, refer to the Practice Notes: How to use CE- File—from 1 October 2025 and When and where is CE- File applicable?—from 1 October 2025. This Practice Note offers guidance on CE- File electronic...
Stop press The Non- Contentious Probate ( Amendment) Rules 2025 ( SI 2025/1004) amend the Non- Contentious Probate Rules 1987 ( SI 1987/2024), which set out practice and procedure for the Probate Registry. Effective from 3 November, they revise r 44 of SI 1987/2024 and make two key changes: End the option to enter a caveat in person at a registry Require a caveator issuing and serving a summons for directions to provide a supporting statement For further information, see: LNB News 10/09/2025 9. Caveats A caveat (also known as a stop) is a written notice that a person who wants to prevent a grant being issued may enter in any registry or sub-registry. Commonly, a caveat is used to block a grant because the validity of a Will is disputed, or who should administer the estate. By lodging a caveat, the caveator will be notified of any...
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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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