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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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Civil justice reform See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. This Practice Note focuses on factual evidence in Scottish civil proceedings. It explains: what factual evidence may and may not be led how to gather factual evidence (and when this may not be required) disclosure obligations in Scottish civil litigation and the effect of legal professional privilege how to place factual evidence before the court how to present the evidence in court Certain actions have special procedures that can influence how factual evidence is handled; these are covered as well (excluding family actions, which are not discussed in this Practice Note). For guidance on: matters to...
This Practice Note offers practical guidance on free trade agreements. It explains the differences between reciprocal and preferential trade agreements, and provides practical direction on the respective legal bases and the conditions that must be met in free trade agreements covering trade in goods and services. Introduction The World Trade Organization ( WTO) provides the shared institutional framework for managing trade relations among its Member States. The multilateral trade agreements, which bind all Members, are central to those relations. The two plurilateral agreements play a more limited role, as they concern only government procurement and trade in civil aircraft, and apply solely to those Member States that have acceded to them. Free trade agreements now hold a central place within the institutional structure of trade relations among Member States. There are hundreds of such agreements currently in force among Members. Member States are drawn to free trade...
This Practice Note sets out information on recent and upcoming changes to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955—the principal procedural rules for family proceedings—together with all related Practice Directions. Amendments are set out by year from 2020 onwards. Some pilot schemes introduced in earlier years continue; see Practice Note: Pilot schemes in the Family Court. It also outlines changes to FPR 2010 arising from Brexit with effect from 11 pm on 31 December 2020 (implementation period ( IP) completion day), and from the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) from 6 April 2022. For an index to FPR 2010 and the accompanying Practice Directions, consult Practice Notes: Family Procedure Rules 2010 index and Introduction to the Family Procedure Rules 2010. For details of how Brexit and the DDSA 2020 affect the FPR 2010, see: Brexit and DDSA...
This Practice Note outlines the threshold values that trigger the applicability of the EU public procurement Directives and the legal sources underpinning them. Relevance and setting of thresholds The EU public procurement Directives apply to contracts where the estimated value does not fall below the relevant threshold stated in each Directive (see Practice Note: The applicability of EU public procurement). These requirements are contained in: Article 4 of Directive 2014/24/ EU, the EU Public Contracts Directive Article 15 of Directive 2014/25/ EU, the EU Utilities Directive Article 95 of the EU Utilities Directive, which also sets a threshold for design contests run as part of a services procurement procedure above the applicable threshold. This threshold is the estimated value of the services contract net of VAT, including any potential prizes and/or payments to participants Article 8 of Directive 2014/23/ EU, the EU...
The background of the FCA’s client money requirements in relation to claims management activities On 1 April 2019, the FCA assumed responsibility for regulating claims management companies ( CMCs). CMCs carrying on regulated claims management work must now be authorised by the Financial Conduct Authority ( FCA). As part of this oversight, the FCA prescribes rules for CMCs that accept or hold client funds for customers when delivering claims management services, set out in chapter 13 of the FCA’s Client Assets Sourcebook ( CASS 13). For broader guidance on FCA regulation of CMCs, see Practice Note: FCA regulation of claims management companies—essentials. Before FCA authorisation applied, CMCs that handled client money were governed by the Ministry of Justice’s Client Account Rules 2006. The CASS 13 provisions address the same subjects, though they are more detailed. Additional obligations also apply, such as...
This Practice Note outlines the entitlements of European Union citizens to enter and reside under EU free movement rules. For these purposes, ‘ EU citizens’ refers to nationals of EU Member States. Nationals of the European Economic Area ( Norway, Iceland and Lichtenstein) likewise benefit from EU free movement law under Directive 2004/38/ EC, the Citizens’ Directive. Accordingly, references in this Practice Note to EU citizens also include EEA nationals. It is important to note that entry and residence on this basis arise as rights (under the Treaty on the Functioning of the European Union ( TFEU)), and EU citizens (and non‑ EU nationals) who fulfil the conditions for an EU right of residence, under secondary legislation, the Citizens’ Directive, are not obliged to secure leave to enter or remain in the host Member State. Rights of entry Under the Citizens’ Directive, EU citizens may enter the host...
Under Directive 2004/38/ EC, the Citizens’ Directive Nationals of the European Economic Area ( EEA)—which includes the EU Member States, Norway, Iceland and Lichtenstein—benefit from EU free movement law. In this Practice Note, references to ‘ EU citizens’, meaning nationals of EU Member States, are understood to include EEA nationals. The Citizens’ Directive identifies two additional categories of relatives of EU nationals who are exercising treaty rights in another Member State, beyond those classed as direct ‘family members’: those in a ‘durable relationship’ with an EU national, which is ‘duly attested’; or ‘other family members’, who: were dependants of the EU national, or members of the EU national’s household, before the EU national came to the host Member State; or have serious health grounds that strictly require their...
This Practice Note offers guidance on completing the most frequently used application notice, form N244. It also explains how to interpret and apply the relevant CPR provisions. Depending on the court handling your case, you may need to consider further requirements—see the section Court specific guidance below. Notably, the Commercial Court and the Circuit Commercial Courts use their own versions of an application notice. For assistance, see Practice Note: The application notice in the Commercial Court—form N244( CC)... What is an application notice? An application notice is the document by which an applicant signals an intention to seek a court order ( CPR 23.1). A document will qualify as a valid application notice provided it: states the order sought and, in brief, the reasons for it ( CPR 23.6) is signed and sets out ( CPR PD 23A, para 2.1): ...
Company voluntary arrangements ( CVAs) are regularly employed by companies to deliver a restructuring (see: Company voluntary arrangements—overview) and have been used to compromise landlord liabilities (see News Analysis: A hat trick of leading decisions on creditor cramdowns—treatment of landlord groups in New Look, Regis and Virgin Atlantic). The Insolvency Service’s July 2024 statistics reported that CVAs were 64% higher in June 2024 than in June 2023, though volumes still sat below historic levels. This may reflect the rising preference for Part 26A restructuring plans to compromise landlord liabilities (see News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024 and Practice Note: Part 26A restructuring plan—key cases). Case tracker Key CVA cases since January 2021 include (most recent first): Robinson Webster ( Holdings) Limited — 30 January 2026 — Lord Justice Holgate and Mr Justice Mould — A CVA cannot...
Directive 2019/771: EU Sale of Goods Directive ( EU SGD) This Practice Note sets out a high-level summary of Directive 2019/771 ( OJ L 136/28) on specific aspects of contracts for the sale of goods, the EU Sale of Goods Directive ( EU SGD), adopted under the European Commission’s Digital Single Market agenda. The EU SGD confers a range of consumer rights and remedies in business-to-consumer ( B2C) contracts for the supply of goods and is complemented by Directive ( EU) 2019/770 ( OJ L 136/1) on certain matters relating to contracts for digital content and digital services, the EU Digital Content Directive ( EU DCD), introduced in tandem with the EU SGD. For details on the EU DCD, see Practice Note: The EU Digital Content Directive. The EU SGD repealed Directive 1999/44/ EC ( OJ L 171/12) on aspects of the sale of...
Introduction to FATF The FATF was founded in 1989 as an inter-governmental body that advances effective implementation of measures to combat money laundering and terrorist financing, as well as other threats to the integrity of the international financial system. Its membership, comprising jurisdictions and regional organisations, represents most major financial centres worldwide. It also includes many associate members and observer organisations. Its stated objective is to: ‘protect financial systems and the broader economy from threats of money laundering and the financing of terrorism and proliferation, thereby strengthening financial sector integrity and contributing to safety and security’. It delivers this by examining and developing measures to detect and prevent money laundering ( AML), combat terrorist financing ( CTF), and counter the financing of proliferation ( CFP) of weapons of mass destruction ( WMD). Other areas of focus for FATF include corruption, environmental crime, asset recovery,...
This Practice Note gives an overview of the European company, Societas Europaea, or ‘ SE’. It outlines how SEs are set up and run, their head office, share capital and shareholders, arrangements for employee participation, and the mechanism for shifting a head office from one Member State to another. What is a European company? A European company, also called a Societas Europaea ( SE), is a corporate body that can be created within the EU. Once entered on the register in the Member State where its principal office sits, an SE enjoys recognition across Europe and holds its own separate legal personality. What is a head office? ‘ Head office’ is not defined in EU legislation. The meaning of ‘head office’ was examined in the setting of Regulation ( EC) 1346/2000 on insolvency proceedings (now no longer in force) in the Opinion of Advocate General Jacobs...
This Practice Note offers an overview, addressing their formation, corporate status, membership, winding up, and the benefits and drawbacks. What is an EEIG? An EEIG brings together businesses or other bodies from separate Member States that wish to collaborate and carry on activities across borders. Its legal foundation is Council Regulation ( EEC) 2137/85 (the EEIG Regulation). That instrument permits Member States to enact specified domestic provisions concerning EEIGs. Consequently, EU jurisdictions vary in rules on legal capacity, governance and audit requirements for EEIGs. Accordingly, areas such as legal capacity, management arrangements and auditing may not be identical from one jurisdiction to another. Following the UK's withdrawal from the EU, EEIG registration in the UK ceased to be possible. New EEIGs could not be formed on the UK register, and existing groupings depended on the pre‑exit legislative mechanism effectively at that time. Before the transition period ended on 31...
This Practice Note outlines the principal changes made to several EU consumer protection laws by Directive ( EU) 2019/2161 ( OJ L 328/7), known as the EU Omnibus Directive. Background In April 2018, the European Commission unveiled the ‘ New Deal for Consumers’ package, aimed at bolstering consumer safeguards and enforcement throughout the EU. The package comprised two draft Directives, each of which has now passed into law: Directive ( EU) 2019/2161 ( OJ L 328/7) on enhanced enforcement and the modernisation of EU consumer protection rules, the EU Omnibus Directive Directive ( EU) 2020/1828 ( OJ L 409/1) on representative actions to safeguard the collective interests of consumers, the EU Representative Actions Directive The EU Representative Actions Directive repeals and replaces Directive 2009/22/ EC (the EU Injunctions Directive), aiming to strengthen mechanisms to halt unlawful practices and to enable redress for...
This Tracker reviews significant legislative changes, consultations and other developments of note for Dispute Resolution ( DR) practitioners, where matters are no longer live yet remain useful for historical reference. It spans alternative dispute resolution ( ADR), Brexit, debt management, civil procedure, consumer contracts, enforcement and the Solicitors Regulation Authority ( SRA). For live updates, see Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution. For lawtech tracking, see Practice Note: Tracker—cryptoassets for Dispute Resolution lawyers. ADR Consultation Civil Justice Council ( CJC) Interim Report on the future role of ADR in Civil Justice Key dates: October 2017–15 December 2017 Details: In January 2016, the CJC decided to convene a Working Group to examine how ADR (excluding arbitration) had been promoted and embedded within the civil justice architecture in England and Wales. The Working Group’s interim findings were released in October 2017. The CJC contended that ADR had not...
CASE HUB ARCHIVED — this archived hub captures the position as at the decision date of 27 January 2022; it is no longer maintained. See further, timeline. Case facts Outline of the European Commission’s merger investigation into Meta’s (formerly Facebook) planned acquisition of Kustomer ( M.10262). The transaction features horizontal overlaps within the market for the supply of customer relationship management ( CRM) software. Latest developments On 27 January 2022, the Commission approved the proposed deal subject to commitments. It found that the transaction would create competition concerns in the market for the supply of CRM software, and in the market for the supply of customer service and support CRM software. The Commission concluded that, post-transaction, Meta would have both the capability and an economic incentive to pursue foreclosure strategies against Kustomer’s close competitors and new entrants, for instance by denying, limiting, or degrading access to...
This Tracker reviews the Guideline Hourly Rates ( GHR). These are the figures the court looks to, on summary assessment, to decide whether a solicitor’s hourly charges are reasonable for civil and commercial work. A series of reviews has taken place and is summarised below. Uplift to GHR on 1 January 2026 The Master of the Rolls ( MR) confirmed that from 1 January 2026 the GHR will be adjusted for inflation in line with the Services Producer Price Index ( SPPI). For further information, see: LNB News 02/01/2026 10— Master of the Rolls updates solicitors’ guideline hourly rates for 2026. Uplift to GHR on 1 January 2025 The GHR rose for inflation on 1 January 2025 in accordance with the SPPI. For more detail, see: LNB News 02/01/2025 32— Master of the Rolls announces update to Guideline Hourly Rates. Uplift to GHR on 1 January 2024 The GHR were...
CASE HUB NOTE—appeals lodged before the General Court in Cases T- 227/21, T- 23/22 and T- 755/21 ARCHIVED — this archived case hub reflects the position as at the decision date of 06/09/2022; it is no longer maintained. See further, timeline and commentary. Case facts Outline: European Commission merger review concerning the acquisition by GRAIL, Inc. of Illumina, Inc. ( M.10188). The deal features a vertical overlap in the market for the development and supply of cancer detection tests based on next generation sequencing ( NGS). Latest developments On 6 September 2024, the Commission announced the withdrawal of its decision in M.10188 (and its decisions in M.10493, M.10483, M.10938 and M.10939) following the Court of Justice’s judgment in Case C-611/22. Parties Illumina, Inc. ( Illumina): a global genomics company, incorporated and headquartered in the US, primarily engaged in developing, manufacturing and...
Since 1957, the free movement of persons has been one of four freedoms embedded in the treaty creating the European Economic Community (the Treaty of Rome), and it supports the EU’s single market. The remaining three relate to the free movement of goods, services and capital, and each rests on the rule that nationality must not be a basis for discrimination. Following the Treaty of Rome, and later secondary measures in 1964 and 1968, nationals of Member States and their family members acquired rights to enter and live in other Member States, subject to specified conditions and limits. Those rights and constraints are delineated in the 1957 treaty establishing the European Economic Community (the Treaty of Rome), its successor treaties, and in Directives and Regulations adopted under those treaties. Sources of law The Treaty of Lisbon provides the foundation of current EU law. It took effect on 1...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the decision of 30 June 2022; it is no longer maintained. See further, timeline. Case facts Outline: The European Commission conducted an Article 101 TFEU inquiry into whether Insurance Ireland limited access to the Insurance Link database, potentially breaching Article 101 TFEU ( Case AT.40511). Latest development On 30 June 2022, the Commission accepted commitments offered by Aspen and consequently closed the investigation. Under these commitments, Insurance Ireland undertook to: separate eligibility for the Insurance Link information exchange from Insurance Ireland membership revise Insurance Link admission standards so they are fair, objective, transparent and non-discriminatory, and apply them consistently to all applicants, both in Ireland and across other Member States create a new, time-bound Insurance Link application process overseen by an operationally independent Application Officer with adequate seniority and...
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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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