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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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The key Construction resources on Lexis+® are referenced throughout the Construction materials, offering practical commentary, legislation, rules and guidance for construction lawyers in private practice or in-house. Access to the listed titles requires the appropriate Lexis+® subscription(s) Commentaries Emden’s Construction Law by Crown Office Chambers An in‑depth narrative covering all principal areas of construction law: formation and parties; scope of obligations; termination, compensation and related issues; duties owed to and liabilities affecting third parties; and dispute resolution, alongside analysis of the major construction contracts. For construction lawyers advising on contracts and disputes Manual of Construction Agreements ( Cockram) Part A delivers comprehensive commentary on the law and practice of construction contracts, with emphasis on leading standard form agreements, authored by Richard Cockram, a leading...
ARCHIVED: This Practice Note has been archived and is not maintained. This Environment consultations tracker tool sets out the latest position and updates on consultations run by government departments, regulators and other organisations relating to environmental law in England and Wales between 1 January and 31 December 2022. Any consultations still open as at 1 January 2023 can be found in: EU environment tracker 2024—chemicals and hazardous substances England and Wales environment tracker 2023—circular economy and sustainable products [ Archived] England and Wales environment tracker 2023—climate action, energy and emissions [ Archived] England and Wales environment tracker 2023—contamination, pollution and permitting [ Archived] England and Wales environment tracker 2023—environmental disputes, offences and enforcement [ Archived] England and Wales environment tracker 2023—environmental taxes, reliefs and incentives [ Archived] England and Wales environment tracker 2023—nature and biodiversity [ Archived] England and Wales environment tracker...
Contract management within the legal department Following an audit of contract management across your organisation (see Practice Note: How to conduct a contract audit), you should now appreciate what the present process involves, or that several parallel processes exist. With this understanding, you have the groundwork to take ownership of contract management within the legal team. Your set-up might be a tactical, short-term arrangement or a carefully planned strategic framework, with options in-between, shaped by your organisation’s size, nature and the resources at your disposal. The essential point is that whichever route you choose, it must clearly demonstrate it furthers your organisation’s objectives and boosts revenue. Before introducing a contract management system for the legal department, be clear about the rationale you will use to address any objections to the inevitable shifts in existing practices. The primary case is that how the legal...
This Practice Note concerns the doctrine of fraudulent calumny in disputes contesting the validity of a Will. It deals with the following matters in particular: the test for fraudulent calumny whether the ‘purpose’ and ‘causation’ requirements must be satisfied to succeed with a claim procedure the particular challenges inherent in fraudulent calumny claims The test for fraudulent calumny What is fraudulent calumny, and how does it relate to other attacks on validity within this context? A Will is valid only if it satisfies the relevant formalities, the testator had testamentary capacity, understood and approved its contents, and it was not secured by undue influence or coercion. See: Probate actions (probate claims)—overview for further context. In appropriate circumstances, it may likewise be alleged that the provisions of the Will resulted from ‘fraudulent calumny’—that is, that one beneficiary deceitfully poisoned the...
This Practice Note offers an overview of the European Council, its make-up and powers. Composition and work organisation Recognised as an EU institution in 2009, the European Council indeed brings together the heads of state or government of the EU Member States, the President of the European Council and also the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in its activities. It meets twice every six......
This Practice Note sets out a concise overview of the European Parliament, describing its make-up and functions. As one of the EU’s institutions, it wields legislative, supervisory and budgetary authority, shaping laws, overseeing other bodies and agreeing the EU budget... Composition and organisation The European Parliament is the EU’s only directly elected institution. EU citizens choose Members of the European Parliament ( MEPs) every five years. Each Member State elects a number of MEPs proportionate to its population; for the 2024–2029 term there are 720 MEPs in total. The Parliament must adopt its Rules of Procedures, which set out how it is organised and how it operates, as well as the statute that defines the rules governing the performance of MEPs’ duties. Within the Parliament, MEPs form groups based on political alignment rather than nationality......
Solicitors Regulation Authority The Solicitors Regulation Authority ( SRA), the independent regulator of the Law Society of England and Wales, offers guidance, information and support to help solicitors meet professional standards. Its contact centre responds to enquiries, and further details, including telephone, email and postal contact points, are available on the SRA website. The SRA Standards and Regulations took effect on 25 November 2019, replacing the SRA Handbook. A professional ethics helpline, staffed by trained advisers, gives guidance on the Standards and Regulations: telephone 0370 606 2577. Solicitors can also write to or email the Professional Ethics guidance team for advice. The SRA Update e-newsletter shares the latest news about the SRA’s work. The Practice Standards Unit oversees compliance, delivers talks to groups or firms, and may decide to offer more direct support by visiting a firm to assist with...
This Practice Note This Practice Note examines the debtor’s position where a creditor seeks to enforce a judgment, court settlement, or authentic instrument concerning an uncontested claim under Regulation ( EC) 805/2004—the European Enforcement Order Regulation (the EEO Regulation)—by relying on an EEO. References to “judgments” in this Note should be understood to include court settlements and authentic instruments. A core requirement for an EEO is that the claim was uncontested, as described in Recital (5) of the EEO Regulation: this covers situations where, after verified absence of any challenge by the debtor to the nature or amount of a pecuniary claim, the creditor has obtained either a court decision against the debtor or an enforceable document requiring the debtor’s express consent, whether a court settlement or an authentic document. Once a judgment is certified as an EEO, for enforcement it is treated as if...
This tracker monitors the EU’s negotiated trade deals that are already in force. It covers provisional arrangements that facilitate commerce whilst talks on a definitive free trade agreement are underway, or until a final free trade agreement enters into force. It also lists agreements with a trade element, even where these do not amount to a comprehensive free trade agreement. Country Agreement Albania — Stabilisation and Association Agreement Algeria — Euro- Mediterranean Association Agreement Andorra — Customs Union Antigua and Barbuda — Economic Partnership Agreement Armenia — Comprehensive and Enhanced Partnership Agreement Azerbaijan — Partnership and Cooperation Agreement Bahamas — Economic Partnership Agreement Barbados — Economic Partnership Agreement Belize — Economic Partnership Agreement Bosnia and Herzegovina — Stabilisation and Association......
This Practice Note reviews the arbitration process under the Grain and Feed Trade Association ( Gafta) Arbitration Rules No. 125 ( Gafta 125) once a party has invoked arbitration. References to ‘ Rules’ are to Gafta 125, in force for contracts dated from 1 March 2022, unless stated otherwise. For guidance on launching an arbitration under Gafta 125, see Practice Note: Gafta—commencing an arbitration under Gafta Arbitration Rules No. 125. For an outline of the Gafta appeals process, see Practice Note: Gafta—appeals under Gafta Arbitration Rules No.125. Exchange of submissions To commence an arbitration under Gafta 125, the claimant must, within the prescribed time, serve the respondent with a notice confirming its intention to refer the dispute to arbitration (the Notice of Intention). After the Notice of Intention is served, the claim generally progresses as follows: Under Rule 4.1, the claimant prepares a ‘clear and full’...
This Practice Note explores the appeals route under the Gafta Arbitration Rules No. 125 ( Gafta 125). References to ‘ Rules’ in this Practice Note are to the Gafta 125 rules in force for contracts dated from 1 March 2022, unless stated otherwise. For guidance on starting arbitration under Gafta 125, see Practice Note: Gafta—commencing an arbitration under Gafta Arbitration Rules No. 125. For an outline of the first-tier arbitration, see Practice Note: Gafta—the arbitration process under Gafta Arbitration Rules No. 125. Under Gafta 125, an appeal is a de novo (ie a wholly new) hearing of the dispute before a different Gafta tribunal. Accordingly, the parties may present evidence and submissions not advanced at first instance, and the Board of Appeal may affirm, vary, amend or set aside any part of the award ( Rule...
When the doctrines of ademption and abatement are engaged, a line is drawn between specific, general, and demonstrative legacies. Classification of legacies The categories were set out in Walford v Walford in these terms: legacies fall into three groups. As the court there expressed it, and that description is adopted. The explanation distinguishes the nature of each gift without altering their substantive effect under the Will and on administration. A specific legacy is a particular res secured to the beneficiary by the testator’s Will at death; it does not abate even if the remaining estate cannot satisfy general legacies; however, it carries the drawback that, should the precise res which forms the subject of the gift cease to exist in the interim, the legatee receives nothing. At the opposite end lies the general legacy, payable from the residue; this abates if the residue is...
Many Wills are relatively straightforward, often providing, for instance, that after debts are settled the estate is left outright to a spouse or to children, sometimes with additional specific legacies. In cases like these, no ongoing trust remains once the estate has been administered, so there is usually little justification for conferring powers on trustees beyond those conferred by the Trustee Act 2000 ( Tr A 2000) and other statutes (although it is not always possible to know in advance whether a trust will arise). At times, however, a continuing trust is the better fit, such as where beneficiaries are under age. A familiar Will trust pattern is a primary gift to the surviving spouse, with the estate instead passing to surviving issue if the spouse fails to outlive the testator, either straightaway or once a specified age is reached. Where the...
Date of death Section 9 of the Wills Act 1837 ( WA 1837) established consistent rules for all wills. It stated that a will is valid only if it is in writing and executed as prescribed: it must be signed at the foot or end by the testator, or by another person in his presence and on his direction; the testator must make or acknowledge that signature before at least two witnesses who are present together, and those witnesses must attest and subscribe the will in the testator’s presence, with no specific form of attestation required. The requirements in WA 1837, s 9 were later revised and, from 1983, provide that no will is valid unless: it is in writing, and signed by the testator, or by another person in his presence and by his direction; it appears that, by his...
Format of a Will There is no mandatory template for a Will, yet long-standing practice has shaped a reliable structure. Though drafting styles vary, the usual sequence of clauses is broadly uniform, aiding comprehension, reducing the risk of omissions, and enabling consistent use of technology to produce Wills. opening and revocation declarations (domicile, funeral wishes, etc) appointment of executors and trustees appointment of guardians general legacies specific legacies and devises residuary gifts powers of executors and trustees attestation Not every clause appears in every case, but following this core pattern helps the draftsperson ensure that everything intended for the Will is included. Opening and revocation The first sentence identifies the testator by name and address, and all aliases should be recorded. However, this can create difficulties if the only name the testator commonly uses or is known by is supplemented......
Does the Disclosure Scheme operate a different disclosure regime for Less Complex Claims? This Practice Note reviews the streamlined route for obtaining Extended Disclosure in Less Complex Claims under the Disclosure Scheme in the Business and Property Courts ( B& PCs) pursuant to CPR PD 57AD. The Scheme took effect on 1 October 2022 following a disclosure pilot. Judgments from that pilot remain pertinent and are included below. Any citations to Appendices 5, 6 or 7 in this Practice Note are to those appendices to CPR PD 57AD. As explained in Practice Note: Disclosure Scheme— Extended Disclosure, the Scheme contemplates a staged approach to disclosure comprising: first, Initial Disclosure served with the statements of case, alongside any potential request for further 'additional disclosure' (see Practice Note: Disclosure Scheme— Initial Disclosure); and second, before the first case management conference ( CMC), the parties must confer and seek to...
CASE HUB ARCHIVED This archived case hub records the position as at the judgment dated 21 February 2022; it is no longer maintained. See further, timeline, commentary and related/relevant cases. Case facts Outline European Commission inquiry into whether Hungary’s veto of VIG’s takeover of two Hungarian subsidiaries of the AEGON Group ( M.10102) amounts to a breach of Article 21 EUMR ( M.10494). Latest development On 21 February 2022, the Commission adopted its decision, finding that Hungary’s prohibition of VIG’s acquisition of two Hungarian AEGON entities infringed Article 21 EUMR. Parties AEGON Hungary Holding BV, AEGON Hungary Holding II VB, AEGON Poland/ Romania Holding BV and AEGON Turkey Holding BV (together, AEGON CEE): AEGON CEE comprises the Hungarian, Polish, Romanian and Turkish operations of the AEGON Group. It is active in life and non-life insurance, pension fund management, asset management services and related ancillary services. Vienna...
Key information EU Single Use Plastics Directive Official title: Directive ( EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on reducing the impact of certain plastic products on the environment Commencement: 2 July 2019 Transposition deadlines: 3 July 2021, subject to: Member States must put in place measures to meet Article 6(1) (design requirements) from 3 July 2024 Member States must put in place measures to meet Article 8 (extended producer responsibility) by 31 December 2024. For extended producer responsibility schemes set up before 4 July 2018, and for single-use plastic products listed in section III of Part E of the Annex, Article 8 should have applied by 5 January 2023 National...
Introduction to EU REACH EU REACH is the shorthand for Regulation ( EC) 1907/2006 of the European Parliament and the Council, which addresses the registration, evaluation, authorisation and restriction of chemicals. Taking effect on 1 June 2007, EU REACH consolidated various EU chemical Directives and Regulations into a single legislative framework that applies directly across all the EU Member States. Under EU REACH, the duty to identify and control risks linked to chemicals placed on the EU market, and how they are used, falls on those who manufacture and/or import goods that contain such substances. It applies directly to all the Member States of the EU. It replaced many EU Directives and Regulations with one law. The core objectives of REACH are to: secure a high standard of protection for human health and the...
Introduction to EU REACH ‘ EU REACH’ denotes Regulation ( EC) 1907/2006 of the European Parliament and of the Council, addressing the registration, evaluation, authorisation and restriction of chemicals. Effective from 1 June 2007, it replaced multiple EU chemical directives and regulations with a single, coherent regime, directly applicable across all EU Member States. Under EU REACH, the obligation to understand and manage the risks of chemicals placed on the EU market—and how they are used—falls on those who manufacture and/or import goods containing such substances. The regulation seeks to: secure a high level of protection for human health and the environment enable the unrestricted movement of substances within the EU market strengthen the EU chemicals industry’s competitiveness and drive innovation encourage methods other than vivisection and/or animal testing to assess hazardous...
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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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