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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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This Practice Note forms part of a multi-jurisdictional guide outlining essential aspects of establishing specific business entities across global jurisdictions. Leading law firms in the Multilaw worldwide network respond to key questions on this topic. This edition sets out principal considerations when creating a representative office in Thailand. Current as at 13 January 2023. Authors: Kobkit Thienpreecha and Athistha Chitranukroh, Tilleke & Gibbins, a Multilaw member firm. Common entities Which entity type is addressed here, and which other commonly used forms are covered in separate responses? This response concerns the representative office. The public limited company and the private limited company are discussed in distinct responses. Identify other entity types that exist in this jurisdiction but are not covered at this time: Regional office Limited liability...
This Practice Note outlines Directive ( EU) 2019/633 of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (the EU UTP Directive). It sets out the background, scope and enforcement of the EU UTP Directive. It also clarifies which practices are permissible where the supplier and buyer have clearly agreed them in advance, and identifies those trading behaviours deemed unfair in all circumstances. The EU UTP Directive was adopted on 17 April 2019, Member States had to transpose it by 1 May 2021 and apply the measures by 1 November 2021. The Directive’s purpose is to protect weaker suppliers in the agriculture and food supply chain from stronger buyers. Background Over the last three decades, the business-to-business ( B2B) food and non-food supply chain across the EU has been shaped by increased...
UK financial sanctions obligations UK financial sanctions duties apply to every person and corporate body located in, or carrying out activities in, the UK. This Practice Note concentrates on what that means for firms authorised by the Financial Conduct Authority ( FCA) under the Financial Services and Markets Act 2000 ( FSMA 2000), and for e-money and payment institutions and cryptoasset businesses within the FCA’s supervisory ambit. The FCA does not enforce financial sanctions; its function is to see that the firms it oversees put in place sufficient systems and controls designed to meet the UK financial sanctions framework. This Practice Note sets out the FCA’s requirements and expectations for a firm’s financial sanctions systems and controls in relation to: risk assessments policies and procedures governance and senior management responsibility management information ( MI) resource provision ...
STOP PRESS : The 149th Update— Practice Direction Amendments includes a modification to Practice Direction 57— Probate from 1 October 2022 as follows: From 1 October 2022, the 149th Update— Practice Direction Amendments revises Practice Direction 57— Probate. In the Annex, a sentence is added immediately after ‘ I believe that the facts stated in this witness statement are true.’ It confirms that contempt of court proceedings can be commenced against any person who makes, or procures the making of, a false statement in a document verified by a statement of truth without an honest belief in its accuracy. This mirrors the 6 April 2020 revision to the statement of truth verifying a witness statement—see CPR PD 22 and Practice Note: Drafting witness statements—formalities and dealing with problematic witnesses— Statement of truth (available subject to...
ARCHIVED : This Practice Note has been archived and is not maintained. These Q& As address many of the most common queries on the EU Sustainable Finance Disclosure Regulation ( EU SFDR) regulatory technical standards ( RTS) ( Regulation ( EU) 2019/2088, as amended by Regulation ( EU) 2020/852). Product categorisation Article 8 features Principal adverse impacts ( PAI) data gathering Reliance on third-party data Human rights due diligence Implications for non- EU managers On 6 April 2022, the European Commission signed off the final RTS and their Annexes supplementing the EU SFDR ( Regulation ( EU) 2019/2088, as amended by the EU Taxonomy Regulation ( EU) 2020/852). EU SFDR places substantial ESG transparency duties on asset managers offering funds in the EU. The RTS set out compulsory website, pre-contractual and periodic reporting templates for financial market...
Introduction This Practice Note outlines the Financial Conduct Authority ( FCA)’s main areas of focus on sustainable finance and environmental, social and governance ( ESG) matters, covering the FCA’s ESG strategy; its work on climate-related disclosures; and sustainability disclosure requirements ( SDR) and investment labels (designed, among other aims, to build trust and address greenwashing). It also describes the FCA’s role in international reporting standards. For material on the UK Prudential Regulation Authority ( PRA)’s priorities—chiefly prudential supervision of climate risk management and related stress testing—see the Practice Notes on prudential supervision of climate risk management in the UK and on climate scenario analysis, stress testing and capital requirements in the UK. For the UK green taxonomy, see the Practice Note: Sustainability Disclosure Requirements and UK Green Taxonomy—government’s 2021 roadmap to sustainable investing. FCA’s priority areas as set out in its November 2021 ESG...
This Practice Note reviews Directive ( EU) 2019/1937 of the European Parliament and of the Council, dated 23 October 2019, on safeguarding persons who disclose breaches of Union law (the Whistleblowing Directive). It lays down rules and procedures to shield ‘whistleblowers’—people who, in a work-related setting, report information on violations of EU law in key policy fields—and, in defined circumstances, certain associated third parties. Member States had to transpose Directive ( EU) 2019/1937 into domestic law by 17 December 2021. Although implementation at national level began slowly, every Member State has now adopted at least one implementing measure. For further details, see: National implementation, below. The Directive is not part of retained EU law after IP completion day (31 December 2020) and therefore has no application in the UK. In October 2019, the UK government confirmed it would not take steps to transpose the...
Scope of this Practice Note The Financial Conduct Authority’s ( FCA) chapter 4 of the Conduct of Business sourcebook ( COBS 4) broadly applies to firms when they communicate with a client or prospective client while undertaking designated investment business, Mi FID business, equivalent third country business or optional exemption business, and when they communicate or approve a financial promotion relating to investment business. This Practice Note reviews COBS 4.12A and COBS 4.12B, which set out the rules on promoting restricted mass market investments ( RMMIs) and non-mass market investments ( NMMIs). It also addresses the provisions in COBS 4.13 concerning the marketing of undertakings for collective investment in transferable securities ( UCITS). This Practice Note forms part of a wider series examining the COBS 4 rules and should be read alongside the following Practice Notes: Introduction to the FCA COBS 4 rules ...
This Practice Note monitors the ongoing revision of EU block exemption rules and related guidance, including: the Vertical Block Exemption Regulation ( VBER) and its Vertical Guidelines; the Research and Developments Block Exemption Regulation ( R& D Block Exemption Regulation) and the Specialisation Block Exemption Regulation, together known as the Horizontal Block Exemption Regulations ( HBERs), with the accompanying Horizontal Guidelines; the Motor Vehicles Block Exemption Regulation ( MVBER); the Liner Shipping Consortia Block Exemption Regulation ( CBER); and the Technology Transfer Block Exemption Regulation ( TTBER). It does not address block exemption regulations for State aid. For UK legislation on block exemptions and live policy work, see Practice Note: UK block exemptions revision—tracker. For EU competition law legislation, guidance and other policy developments in train, see Practice Note: EU competition horizon scanning—2025 and...
Types of tidal and wave technologies Tidal energy encompasses methods that capture the force of ocean water surging during the ebb and flow of tides. At present, tidal power falls into three principal types: tidal stream, tidal barrage and tidal lagoon. Tidal stream employs carefully sited turbines, either floating or fixed to the seabed, to extract energy from moving water as the tide comes in and goes out. Barrages are constructed across rivers, bays or estuaries, acting as a dam that holds water as the tide rises and releases it through turbines to generate power. Tidal lagoons are comparable to barrages, retaining water within a man-made coastal structure and generating power through turbines as the lagoon fills and empties. Wave energy describes technologies that harness kinetic energy from changes in the height and speed of ocean swell. Wave power is still in its infancy and there is no...
Introduction to geothermal energy Geothermal energy is the heat stored within the earth’s sub-surface. For the renewable power projects considered in this Practice Note, it means producing electricity by applying a range of technologies that use geothermal heat as the primary thermal input. For countries that can tap appropriate resources, geothermal generation can be central to the energy transition, tackling the familiar dilemma that arises when diversifying away from conventional plant towards renewables: how to secure a reliable, sustainable baseload supply in the absence of proven, large-scale, long-term battery storage. It also offers an important edge over pipeline gas and Liquid Natural Gas ( LNG)—another contributor of baseload capacity that still features in the transition, particularly in developing markets, by virtue of being cleaner than coal—because it is indigenous. Consequently, it cuts reliance on, and exposure to, the global hydrocarbon value chain and...
The Practice Note offers practical direction on the evidence used in anti-dumping investigations. It sets out the procedural obligations an investigating authority must follow when asking for evidence, the rights of interested parties to supply it, and their entitlement to protect their interests through submitting evidence. It also covers the duty to treat information as confidential when so claimed, the requirement to verify submitted material, and the circumstances in which investigating authorities may rely on other facts to reach a determination. It further considers occasions where the investigating authority may select only some interested parties to take part in an investigation. Initiation of investigation Before imposing anti-dumping duties, under the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade, 1994 (‘the Anti-dumping Agreement’) Member States must conduct an investigation. The investigation proceeds after it has been...
This Practice Note explains the definition and categories of life cycle assessments ( LCAs) as set out in international standards such as ISO 14040:2006 and ISO 14044:2006. It also outlines the methodology, phases and stages of LCAs before highlighting their benefits and relevance. What is a life cycle assessment? Under ISO 14040, a life cycle assessment is the compilation and appraisal of inputs, outputs and the potential environmental effects of a product system across its whole life cycle. ISO describes a product system life cycle as the consecutive, interlinked stages from raw material acquisition or extraction of natural resources through to final disposal, commonly termed a cradle-to-grave analysis. A product system covers both goods and services. By examining the complete life cycle of a product or service, a thorough and integrated review of all inputs and outputs is undertaken, allowing the total...
Introduction to the FCA's COBS requirements on distance communications, client agreements and cancellable contracts Introduction to distance communication requirements This Practice Note reviews the regulatory framework and guidance governing distance communications set out in chapter 5 of the Financial Conduct Authority's ( FCA) Conduct of Business sourcebook ( COBS 5). COBS 5 gives effect to provisions of the Distance Marketing of Consumer Financial Services Directive ( Directive 2002/65/ EC) (the DMD), as amended by the Unfair Commercial Practices Directive ( Directive 2005/29/ EC). The DMD covered consumer financial services, defining these as any banking, credit, insurance, personal pension, investment or payment service. Its objective was to ensure that consumers interacting with a financial services firm via distance sales channels are not placed at a disadvantage compared with those using traditional channels, by requiring that they receive minimum standard information about the firm they intend to deal with and...
The following flagship financial services resources are available in Lexis+® UK and referenced throughout the Financial Services content, delivering practical commentary, legislation, rules and guidance for financial services lawyers in private practice or in-house. Access to these titles requires the relevant Lexis+® UK subscription(s). Annotated FSMA 2000 ( Archive) This resource offers active links to materials supporting all chosen provisions of the Financial Services and Markets Act 2000 ( FSMA 2000), together with commentary on each section and how it has changed over time. It is produced by an author team under the general editorship of Michael Blair QC. It will interest all financial services lawyers advising on every aspect of FSMA 2000, the principal statute regulating the UK financial services industry. Butterworths Securities & Financial Services Law Handbook This resource compiles the primary and secondary legislation that underpins the regulatory framework for the financial services...
Investigating criminal conduct The key Corporate Crime research resources below are signposted across the Corporate Crime practical guidance, offering valuable commentary, legislation, rules and practitioner guidance. The listed titles are accessible only with a subscription. Part D Procedure: Blackstone's Criminal Practice [ D1.1] Blackstone’s Criminal Practice brings together a distinguished team committed to delivering coverage tailored to criminal practice and definitive statements of the law in a clear, practical format. It is supported by a companion supplement containing essential primary materials and commentary updates throughout the year. Who should use this resource? All lawyers advising on criminal investigations in England and Wales. Police and Investigatory Powers: Halsbury’s Laws of England [1] Halsbury’s Laws of England provides the only comprehensive narrative exposition of the law of England and Wales, covering every proposition of English law. The work is arranged by title in alphabetical order, making it...
ARCHIVED : This Practice Note has been archived and is not maintained. Directive 2009/28/ EC of the European Parliament and of the Council, dated 23 April 2009, concerns the promotion of energy from renewable sources and also amended, then repealed, Directives 2001/77/ EC and 2003/30/ EC (the Renewable Energy Directive, RED). In force from: 25 June 2009 ( Article 28 of Directive 2009/28/ EC, RED). Transposition deadline: 5 December 2010 ( Article 27 of Directive 2009/28/ EC, RED). Amendments Council Directive 2013/18/ EU of 13 May 2013 adapted the RED following the Republic of Croatia’s accession. Note: it solely added Croatia’s renewable targets to Annex I, Part A. Directive ( EU) 2015/1513 of 9 September 2015 amended Directive 98/70/ EC on the quality of petrol and diesel fuels and revised the RED (text with EEA...
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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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