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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 Trust Registration Service? The Trust Registration Service ( TRS) was brought in by HMRC in 2017 to give effect to the EU Fourth Money Laundering Directive, and at the outset it applied solely to taxable trusts that were required to register. Where a trust created a UK tax outcome, trustees had to register, supply specified details about beneficial ownership and retain certain records. These requirements have since widened to include all express trusts, irrespective of any UK tax position. An express trust must be registered unless it falls within an excluded category listed in Schedule 3A of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692 ( MLR 2017). The principal legislation in this area is: EU Fourth Anti Money Laundering Directive ( EU) 2015/849 Money Laundering, Terrorist Financing and...
Starting the process of translating policy to legislation At European level, the creation and application of rules by supranational institutions is directed by the Lamfalussy process. It was crafted by the ' Committee of Wise Men' on the Regulation of European Securities Markets (the Lamfalussy Committee) and set out in its final report of 15 February 2001. The four-level Lamfalussy framework is presented in diagrammatic form in Appendix 1, while Levels 1 and 2 receive fuller treatment in Appendices 2 and 3. It is, nevertheless, vital to keep in view who constitutes the component parts of each of the supranational bodies in question. Understanding their roles and membership remains a constant consideration throughout. European Parliament The European Parliament is the European Union's directly elected parliamentary body. Its members ( MEPs) are chosen by the citizens of every member state. Together with the Council of the...
ARCHIVED: This Practice Note is archived and no longer updated. It charts the advancement of the European Commission’s draft Regulation creating a shared framework for media services within the internal market—known as the European Media Freedom Act ( EMFA)—as it moves through the ordinary legislative route. Background In 2020, via the European Democracy Action Plan, the Commission underlined the necessity of bolstering media freedom and pluralism. In 2021, during her State of the Union address, Commission President Ursula von der Leyen unveiled an initiative to safeguard media independence across the EU. That initiative was included in the Commission’s 2022 Work Programme. On 10 January 2022, a public consultation was launched. On 16 September 2022, the Commission issued a proposal for a Regulation setting a common framework for media services in the internal market—the European Media Freedom Act ( EMFA)—seeking to safeguard and promote media independence and pluralism in the EU...
This Practice Note outlines the practical issues that can follow receipt of a whistleblower report from the viewpoint of the corporate entity receiving it (including limited companies, partnerships and LLPs). For guidance aimed at those representing whistleblowers, see Practice Note: Representing whistleblowers in internal criminal investigations. Reports may cover a broad range of suspected wrongdoing, from breaches of internal policy and employment matters such as discrimination, to allegations of serious criminality. The focus here is the latter, though some principles have wider relevance... Whistleblowing policy Benefits of implementing a whistleblowing policy While whistleblowing legislation does not generally require companies to maintain a whistleblowing policy (with specific rules applying to listed companies and those in the financial services sector), creating and publicising clear, robust policies and procedures for dealing with whistleblowing is regarded as best practice and delivers several benefits: It signals a...
ARCHIVED — this case hub captures the position as at the judgment dated 13 July 2023; it is no longer being maintained. CASE HUB See further, timeline. Case facts Outline Appeal challenging the General Court’s judgment in Case T-376/20 P, which upheld an action for annulment of the Commission’s 2016 decision blocking the proposed acquisition of Telefonica plc ( O2) by Hutchinson 3G UK Investments Limited ( Three) ( Case M.7612). Outcome On 13 July 2023, the Court of Justice delivered its judgment, allowing the appeal against the General Court’s ruling, setting that judgment aside and sending the case back to the General Court for a fresh ruling......
The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) obtained Royal Assent on 26 October 2023 and is being phased in across multiple commencement dates. A significant proportion of its measures will only commence once detailed secondary legislation and guidance are in place, and some also require the rollout of new technical systems and tools before they can operate. It is anticipated ECCTA 2023 will not be fully in force until 2027. The Act’s principal aims are to stop corporate vehicles in the United Kingdom being used for criminality and terrorism, bolster the UK’s wider response to economic crime and back enterprise by enhancing the efficiency of the UK’s companies registry, including the dependability of its data. For background on ECCTA 2023 and the most recent developments relating to it, including consultation papers, secondary legislation and guidance, refer to Practice Note: The...
Practice Note This Practice Note outlines the duties of suppliers and dealers in Great Britain ( GB) under the ecodesign framework, with particular emphasis on product energy labelling. Dealers’ obligations within the ecodesign regime are largely confined to labelling, whereas suppliers face a broader set of requirements, briefly touched on below; however, the principal focus here is the supplier obligations concerning energy labels. Note that distinct obligations may apply in Northern Ireland. The key point of reference for the labelling duties of suppliers and dealers is Assimilated Regulation ( EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 establishing the energy labelling framework and repealing Directive 2010/30/ EU, known in GB as the Energy Labelling Regulation 2017 ( ELR 2017). Supplier: ELR 2017, article 2(14) defines this as a manufacturer established in GB, the authorised...
Key information EU PIC Regulation title: Regulation ( EU) 649/2012 of the European Parliament and of the Council of 4 July 2012 on the export and import of hazardous chemicals (recast) Entry into force: 16 August 2012 Applicable from: 1 March 2014 Transposition deadline: N/ A— Regulations apply directly to Member States and do not require national transposition Amendments: Commission Delegated Regulation ( EU) No 1078/2014 (7 August 2014) updating Annex I to Regulation ( EU) 649/2012 on the export and import of hazardous chemicals. In force: 4 November 2020; application: 1 December 2014 Commission Delegated Regulation ( EU) 2015/2229 (29 September 2015) revising Annex I to Regulation ( EU) 649/2012 on the export and import of hazardous chemicals. In force: 23 December 2015;...
Who is the General Optical Council ( GOC) The General Optical Council ( GOC), created as a corporate body by the Opticians Act 1989, exists to protect the public by promoting high standards in professional education, conduct and performance. Its purpose is to protect, promote and maintain: the public’s health, safety and well-being public confidence in the professions it regulates professional standards and conduct for Registrants and prospective Registrants proper standards and conduct for business Registrants This Practice Note summarises GOC fitness to practise proceedings, investigations, and applications for restoration to the Register. The GOC regulates registered Optometrists and Dispensing Opticians. In this Practice Note, a ‘ Registrant’ is: a registered Optometrist a Dispensing Optician student Optometrists a Registered Business This Practice Note should be read with the following: Practice Notes— Common principles in fitness to practise...
The Health and Safety Executive ( HSE) and local authorities, under the Health and Safety at Work etc Act 1974 ( HSWA 1974), are tasked with investigating breaches of workplace health and safety law and, in England and Wales, pursuing prosecutions where appropriate. In Scotland, prosecutions for safety offences are handled by the Crown Office Procurator Fiscal Service ( COPFS). Our resources from across Lexis+® UK provide insight and guidance on the principal health and safety duties placed on employers, the self-employed, employees and directors throughout the UK. These include content that explains: general health and safety duties......
1. What is the applicable legislation? There is no overarching law specifically established to regulate foreign investment in Hong Kong. 2. Which government or other body (or bodies) reviews foreign investments? Hong Kong currently has no single, dedicated authority formally appointed to supervise foreign investment. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non- EU / non- WTO)? Are there specific rules for certain types of investors (eg state-owned enterprises)? Although foreign investment is generally unrestricted in Hong Kong, foreign shareholding in the broadcasting (television and sound) sector is subject to particular limits, and notifications relating to foreign investment may, in some cases, be required. There are no constraints on the categories of investors, and no special rules apply to specific investor types, including state-owned...
This Practice Note outlines distinct categories of claims and considers which jurisdictional gateway(s) may suit an application to serve a claim form outside the jurisdiction. It should be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). Breach of confidence claims Before October 2015, there was uncertainty over the correct gateway for a breach of confidence claim. That uncertainty ended on 1 October 2015, when gateway 21 took effect, expressly addressing claims for breach of confidence and misuse of private information. For guidance, see Practice Note: Cross-border service—jurisdictional gateways 21–23 (breach of confidence/misuse of information). Claims involving digital assets The legal framework and procedure for disputes concerning digital assets remain relatively new and continue to develop. When addressing questions of service, it is essential to understand the current position before serving a claim form in proceedings involving digital assets. For guidance, see Practice Note:...
What is the ECO? The ECO is an energy‑efficiency programme obliging major energy suppliers to install efficiency measures across existing homes and other domestic premises. It mandates support and finance of about £1bn per annum (at 2022 prices). Its focus is on helping to fit energy‑saving upgrades in low‑income households and neighbourhoods, and in hard‑to‑treat properties. ECO superseded earlier initiatives aimed at cutting carbon and saving energy in homes—the Carbon Emissions Reduction Target and the Community Energy Saving Programme. It pursues four policy goals: alleviating fuel poverty and supporting progress towards fuel poverty targets cutting carbon emissions lowering the cost of meeting the UK’s renewable energy target by promoting energy efficiency stimulating innovation across the sector ECO operates under secondary legislation: the Electricity and Gas ( Energy Company Obligation) Order 2022, SI 2022/875 (the ECO 2022 Order). The ECO 2022 Order was...
Context Under the European Green Deal, the EU has outlined bold goals to cut its greenhouse gas emissions steadily each year up to and beyond 2030, with the ultimate objective of reaching net zero emissions by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) sets a legally binding and enforceable duty on the EU to deliver a 55% drop in carbon emissions from 1990 levels by 2030, and to attain full carbon neutrality by 2050. The European Commission estimates that producing and using energy is directly responsible for over 75% of the EU’s greenhouse gas output. Rapid, far-reaching decarbonisation of the energy system is therefore essential to meeting both the 2030 and 2050 emissions goals respectively. To this end, the EU is designing and applying a comprehensive legal and policy framework for a...
The problem: a local authority cannot contract with itself It is far from unusual for a local authority to progress development on land it owns. Paragraph 125 of the National Planning Policy Framework ( NPPF) positively urges local planning authorities ( LPAs) to champion and facilitate the reuse of under-utilised sites and buildings, particularly where this would address identified housing needs in areas with tight land supply and where existing plots could be deployed more efficiently. In such circumstances, the LPA ends up determining the authority’s own planning submission. Frequently, planning obligations under section 106 of the Town and Country Planning Act 1990 ( TCPA 1990) are required to secure necessary mitigation for the scheme before permission can be issued. Although the LPA in its decision-making role and the authority as proprietor exercise distinct functions, they ultimately comprise the same legal person. An entity cannot make a...
Background to the Great Britain Classification, Labelling and Packaging Regulation Trade in substances and mixtures concerns not only the market in Great Britain ( GB), but also global commerce. Before the adoption of Regulation ( EC) 1272/2008 (the EU Classification, Labelling and Packaging Regulation ( EU CLP Regulation)) in 2009, harmonised rules for classification and labelling had already been developed at international level within the United Nations ( UN), culminating in the Globally Harmonised System of Classification and Labelling of Chemicals ( GHS), intended to facilitate worldwide trade while protecting human health and the environment. The EU CLP Regulation came into force on 20 January 2009 in the EU (then including the UK), and Recital 6 states the aim to support global harmonisation of classification and labelling by incorporating the internationally agreed GHS criteria. Classification under the EU CLP has applied to...
Background to the Great Britain Classification, Labelling and Packaging Regulation Trade in chemical substances and mixtures is not solely a domestic matter for Great Britain ( GB); it also affects the global market. Before Regulation ( EC) 1272/2008 — the EU Classification, Labelling and Packaging Regulation ( EU CLP) — was adopted in 2009, harmonised criteria for the classification and labelling of chemicals had already been developed at a global level within the United Nations ( UN), giving rise to the Globally Harmonised System of Classification and Labelling of Chemicals ( GHS). This system was designed to facilitate worldwide trade while protecting human health and the environment. The EU CLP Regulation entered into force across the EU (then including the UK) on 20 January 2009, and Recital 6 states its aim of contributing to global harmonisation of...
Background to the Great Britain Classification, Labelling and Packaging Regulation Trade in substances and mixtures concerns not just the GB marketplace, but the worldwide market as well. Before Regulation ( EC) 1272/2008—the EU Classification, Labelling and Packaging Regulation ( EU CLP)—was adopted in 2009, common criteria for classification and labelling had been established internationally under the United Nations ( UN), producing the Globally Harmonised System of Classification and Labelling of Chemicals ( GHS), designed to ease global trade and safeguard human health and the environment. By establishing harmonised criteria at a global level, the GHS seeks to facilitate worldwide trade while maintaining protections for human health and the environment, supporting consistent classification and labelling practices across markets. The EU CLP took effect across the EU (which then included the UK) on 20 January 2009, and Recital 6 states its objective of...
CASE HUB ARCHIVED — this archived case hub reflects the position at the decision date of 15 December 2022; it is no longer maintained. See further, timeline. Case facts Summary of a UK merger investigation into Sika AG’s proposed acquisition of MBCC. The deal featured horizontal overlaps in the supply of chemical admixtures used within the construction sector. Latest developments On 15 December 2022, the CMA published its final report, finding that the transaction gives rise to a SLC in the supply of chemical admixtures for cement, concrete and wet mortar in the UK. To resolve the SLC, the parties offered a partial divestiture, involving the sale to a single purchaser of MBCC’s chemical admixtures business in the UK, across Europe and multiple other countries (including its central R& D assets). Parties Sika AG ( Sika): a Swiss-based multinational speciality company active across the...
ARCHIVED: This Practice Note is archived and no longer maintained. It covers the Finance Act 2023 ( FA 2023) and the Finance ( No 2) Act 2023 ( F( No 2) A 2023), which obtained Royal Assent on 10 January 2023 and 11 July 2023, respectively. Kept for historic interest, it traces the progress of both pieces of legislation from draft publication, through Parliament, to enactment, sets out key provisions, and flags significant events and documents, including published amendments relevant to their passage. The tracker is divided into three parts: Progress of FA 2023 and F( No 2) A 2023 FA 2023—measure by measure F( No 2) A 2023—measure by measure Progress of FA 2023 and F( No 2) A 2023 For an overview of the provisions in draft Autumn Finance Bill 2022 ( AFB 2022), which was enacted as Finance Act 2023, see News Analysis:...
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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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