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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
This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This archived Practice Note provides an introduction to the 2012 version of the National Planning Policy Framework (2012 NPPF) This archived Practice Note outlines the 2012 National Planning Policy Framework, explaining sustainable development, the presumption in favour of it, and the core planning principles set out in that edition. On 24 July 2018 the government issued a revised NPPF that replaced the 2012 framework; the earlier text was archived and now applies only in specified circumstances described below. Further revisions to the 2018 NPPF followed in: 2019 2021 2023 For information on the 2023 NPPF now in force, see Practice Note: The National Planning Policy Framework. The 2012 NPPF took effect in England on 27 March 2012, immediately replacing all Planning Policy Statements and Planning Policy Guidance Notes, except PPS10 ( Planning for Sustainable Waste Management). It sought to make the planning system simpler and more...
This Practice Note reviews the application of the Hague Convention on Choice of Court Agreements by contracting states to the convention. It sets out the parties to the convention, as well as those states that have signed the convention but have not yet ratified it. It also outlines how the convention operates for contracting states. For guidance on further elements of the convention, see the following Practice Notes: Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)— Brexit considerations Hague Convention on Choice of Court Agreements—scope Hague Convention on Choice of Court Agreements—jurisdiction Hague Convention on Choice of Court Agreements—enforcement Definitions This Practice Note uses a number of definitions: Hague Convention on Choice of Court Agreements— HCCH Convention on Choice of Court Agreements concluded on 30 June 2005 at The Hague EU( W) A 2018— European Union (...
Recognition, enforcement and co-operation under the 1996 Hague Convention This Practice Note addresses recognition, enforcement and co-operation pursuant to the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention), which took effect in the UK on 1 November 2012. The Hague Conference on Private International Law ( HCCH) has issued a Practical Handbook on running the 1996 Child Protection Convention and an Explanatory Report on the 1996 Hague Convention (the Lagarde Report). On 31 January 2020 (exit day), the UK left the EU and ceased participating in its political institutions and governance frameworks. Nonetheless, under the transitional provisions in Part 4 of the Withdrawal Agreement, exit day triggered an 11-month implementation period (from 11 pm on exit day to 11 pm on 31 December 2020...
This Practice Note This Practice Note outlines the governing law for child abduction matters where a state is a party to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the 1980 Hague Convention). It also addresses access to public funding, explains the function of the central authority, and identifies the steps required to lodge an application for a return order. In addition, it reviews the child abduction mediation scheme and how Council Regulation ( EC) No 2201/2003 of 27 November 2003 (often referred to as Brussels II bis or Brussels IIA) applied to child abduction proceedings before 1 January 2021 and in transitional cases—see: Implications of Brexit. Guidance from the Hague Conference on Private International Law ( HCCH) has been produced on cross-border recognition and enforcement of agreements—see: General approach. The domestic statute giving effect to the 1980 Hague...
This Practice Note This Practice Note sets out an overview and concise summary of prosecutions for health and safety breaches pursued by the Health and Safety Executive ( HSE), the Office of Rail and Road ( ORR) or local authorities that culminated in penalties exceeding £1m. The tracker is designed to help practitioners keep sight of when substantial sentences for health and safety infringements are handed down for contraventions of the Health and Safety at Work etc Act 1974 ( HSWA 1974) and subordinate health and safety regulations. It also supports practitioners in grasping how, in England and Wales, the relevant offence‑specific sentencing guidelines are being applied in practice for health and safety, corporate manslaughter, and food safety and hygiene offences. Entries are ordered by the date of sentence, namely: 2025 2024 2023 2022 2021 2020 2019 2018 ...
Introduction This Introductory Guide forms part of the Lexis Nexis series of Introductory Guides to Property. The aim of these Guides is to give apprentices, paralegals and others a clear grasp of both the transactions commonly carried out by a property lawyer and the legal framework within which those dealings take place. This Guide concentrates on Land Law. The companion titles in the series are: Introductory Guide to Commercial Property Introductory Guide to Property Development Introductory Guide to Property Finance Introductory Guide to Property Taxes Introductory Guide to Residential Property Each Guide is supported by a Glossary of Property Terms. It supplies definitions and, where suitable, explanations of many expressions that make up the everyday vocabulary used by property practitioners. Terms shown in bold within this Guide are explained in the...
Zero hours contracts This Practice Note explores the characteristics of zero hours contracts, including: absence of mutuality of obligation casual workers as required or as needed employment contract without obligation piece work on-call arrangements flexibility over-arching or umbrella contracts assignments employee or worker status continuity of employment national minimum wage ( NMW) statutory sick pay ( SSP) working time and holiday entitlement and accrual discrimination protection part-time workers pension auto-enrolment TUPE 2006 the pros and cons of zero hours contracts It does not address the statutory protections available to workers and employees on zero hours contracts and on lower incomes, relating to unenforceable exclusivity clauses and protection from detriment and unfair dismissal. These are considered separately in Practice Note: Exclusivity...
Duty to mitigate loss after wrongful dismissal This Practice Note sets out a claimant’s obligation to reduce their loss by taking sensible measures to secure fresh employment after being wrongfully dismissed. It explains the practical operation of this duty in the context of wrongful dismissal claims. It highlights when this duty lapses. It addresses: the reach of the duty to mitigate when the duty will not apply the effect of an offer to reinstate the claimant to their former role the outcomes of a failure to mitigate the burden of proof in such matters A wrongfully dismissed employee must take reasonable steps to mitigate their loss, usually by making genuine efforts to obtain another job. Where they do find alternative work, they must give credit to the former employer for salary and benefits earned in that role. Reasonable costs incurred while...
This Practice Note This Practice Note outlines three circumstances in which an individual worker may bring a claim for breach of their working time entitlements under the Working Time Regulations 1998 ( WTR), SI 1998/1833, and describes the remedies a tribunal may award where a breach has occurred, where the worker has suffered a detriment in relation to those rights, or where the worker has been dismissed in connection with those rights. It also sets out the factors a tribunal will take into account when deciding whether to make a declaration or to award compensation in these situations (including, where appropriate, for personal injury and/or injury to feelings). It confirms that accrued claims for breaches of WTR rights can be brought by the personal representatives of a deceased worker. There are three situations in which workers may bring an individual claim for breach of their...
This Practice Note covers matters relating to the following: gathering witness evidence before the final hearing and preparing witness statements securing the attendance of witnesses at the tribunal the use of expert witnesses the legal status of a witness’s testimony (judicial proceedings immunity) For details of what happens at a tribunal hearing in relation to: the procedural aspects of calling witnesses, and the use of witness statements refer instead to Practice Note: Conduct of employment tribunal hearings—general: Procedure regarding witnesses and witness statements. For information on data protection issues in the context of employment tribunal proceedings, see Practice Note: Employment tribunal proceedings—data protection issues. Witness orders The employment tribunal has authority to require any person in Great Britain to attend any hearing at the tribunal to give evidence, produce documents, or provide information. Such directions are commonly called ‘witness orders’. As this power...
Intimidation of witnesses and jurors Intimidating witnesses and/or jurors in criminal proceedings is an offence under section 51 of the Criminal Justice and Public Order Act 1994 ( CJPOA 1994). A person commits this offence if they: carry out an act that intimidates, and is meant to intimidate, another person (the victim) do so knowing or believing that the victim is assisting in the investigation of an offence, or is a witness or potential witness, or a juror or potential juror in proceedings for an offence act with the intention of causing the investigation or the course of justice to be obstructed, perverted, or interfered with ‘ Investigation into an offence’ means an inquiry by the police or any other person charged with the duty of investigating offences or charging offenders. ‘ Offence’ includes an alleged or suspected offence. ‘...
This Practice Note sets out the scope of the 'without prejudice rule' governing the admissibility of material generated by bona fide settlement discussions. It clarifies when spoken and written communications are protected by, or fall outside, this head of privilege. It considers if pre-action exchanges may attract 'without prejudice' status, the significance of explicitly marking correspondence 'without prejudice', and how the principle applies across a chain of documents. It outlines the recognised exceptions that can render 'without prejudice' material admissible, including circumstances where extracts are deployed to cherry-pick the narrative, illustrated by examples, together with the notion of waiving 'without prejudice' privilege. The treatment of 'without prejudice' communications in the context of mediations is addressed, as are Calderbank offers marked 'without prejudice save as to costs'. Without prejudice rule The policy is that communications between disputing parties containing admissions or statements made on a...
The Public Interest Disclosure Act 1998 ( PIDA 1998) The Public Interest Disclosure Act 1998 ( PIDA 1998) introduced provisions into the Employment Rights Act 1996 ( ERA 1996) to protect workers who make protected disclosures, enabling 'whistleblowers' to bring a claim before an employment tribunal for detriment and/or dismissal arising from raising a concern in the public interest. Employees of the security and intelligence services and members of the UK armed forces are excluded from these provisions. Civil servants, police officers and government contractors may lodge a claim provided they have not been carved out by a ministerial certificate. Although disclosures to the media or the wider public can be protected, an individual who commits a criminal offence when making the disclosure will not benefit from protection. Accordingly, workers arrested for any offence linked to the disclosure must wait for...
Commissions Commissions amount to offering a financial benefit to another. They are not invariably bribes. Typically, a commission arises when a seller or buyer provides a benefit to a third party or fiduciary for arranging or mediating the supply of goods or services, or otherwise assisting with a transaction for goods or services. While normal in many industries and accepted practice, an anticipated advantage can create a tangible risk that functions are performed improperly. A commission can also be a facilitation payment, paid to secure the performance (or swifter performance) of an obligation already owed (see Practice Note: Facilitation payments under the Bribery Act 2010). Where a commission is a facilitation payment, it is unlawful. The Serious Fraud Office ( SFO) has indicated it will bring proceedings where the Code for Crown Prosecutors, Full Code Test is satisfied; namely, there is a...
Practice Note It has long been settled that a winding-up should not be set in motion where the petition debt is genuinely and substantially in dispute. Should an alleged creditor nonetheless try to proceed, the court may rely on its inherent jurisdiction to prevent a petition being presented. Moreover, treating the winding-up court as a tool for chasing debts amounts to an abuse of process. Yet there remains controversy over what amounts to a ‘genuine dispute’. This Practice Note reviews scenarios in which petition debts have been challenged and identifies key principles that emerge from the authorities and recent case law guidance and relevant commentary......
This Practice Note examines the principal legislation in England and Wales for controlling and preventing water pollution, along with the related offences. Environmental Permitting Regulations 2016—pollution offence and environmental permits The Environmental Permitting ( England and Wales) Regulations ( EPR 2010), SI 2010/675 repealed the main water pollution offence in section 85 of the Water Resources Act 1991 ( WRA 1991) and revoked the Groundwater ( England and Wales) Regulations 2009, SI 2009/2902. Those offences are now contained in the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154, which repealed and replaced EPR 2010 from 1 January 2017. Under EPR 2016, SI 2016/1154, reg 38, it is an offence to: operate a regulated facility cause or knowingly permit the discharge of any poisonous, noxious or polluting matter, waste matter, trade effluent or sewage effluent to surface water (water...
Regulator power to carry out anti-pollution works Section 161 of the Water Resources Act 1991 ( WRA 1991) empowers the Environment Agency ( EA) and Natural Resources Wales ( NRW), as the relevant regulators, to undertake anti-pollution works and operations to investigate, prevent, remedy and mitigate water pollution. This authority applies where it appears to the EA or NRW that any poisonous, noxious or polluting substance, or any solid waste, is: likely to enter any controlled waters (surface water or groundwater) likely to be present in any controlled waters likely to have been present in any controlled waters Actions may include: preventing the polluting material from entering the water removing or disposing of the material remedying or mitigating the pollution so far as reasonably practicable, restoring the water and any flora or fauna to their condition prior to the...
Case, citation and News Analysis This Practice Note collates costs decisions in which the court has imposed a wasted costs order. The judgments below illustrate circumstances where such orders were made. The newest ruling appears first. Minh v Da Guang Tankers ( Private) Ltd [2026] EWHC 793 ( Admlty) Factual background In collision proceedings, the claimant’s solicitors stated they were instructed by both the claimant and his hull insurers, PVI. It was later established they lacked authority from PVI, although the court found they did hold authority from the claimant himself. Judgment The Admiralty Court held that the solicitors’ admitted absence of authority from PVI amounted to a breach of warranty of authority and also merited a wasted costs order. The court determined that the representation that insurers stood behind the claim materially influenced the defendants’ decisions, causing them and their Club to accept English...
This Practice Note outlines wasted costs orders in family proceedings, setting out the test applied by the courts and the procedural steps required. It also addresses improper, unreasonable or negligent conduct and how such misconduct may influence costs, together with pertinent case law. What is a wasted costs order? The rules governing wasted costs sit in the Civil Procedure Rules 1998 ( CPR), SI 1998/3132, Pt 46 and the associated CPR PD 46. CPR Part 46 and CPR PD 46 apply to costs in family proceedings under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, 28.2. A wasted costs order is an order: requiring a legal representative to pay a sum (either fixed or to be assessed) in respect of a party’s costs; or disallowing costs for a specified amount or for particular items of work Such orders can be made at any stage of the...
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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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