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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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ARCHIVED: This archived Practice Note monitored how bills moved through Parliament throughout the session running from June 2017 to October 2019, which concluded with the Prorogation of Parliament on 8 October 2019 as noted here. Prorogation brings to a close all outstanding Parliamentary bills that have not obtained Royal Assent, unless a motion in either House carries them over in the usual way. Two of the bills from that Parliamentary session were carried over to the next session. Parliament is scheduled to re-open on 14 October 2019, and measures progressing in the subsequent session will be tracked separately. On 24 September 2019, the Supreme Court ruled that the prorogation of Parliament, made by Order in Council dated 28 August 2019, was unlawful, null and of no effect. Consequently, Parliament was not in fact prorogued on 9 September 2019. For more detail, see: LNB News 24/09/2019 21. See Q& As: What is...
Services of general economic interest ( SGEI) The notion of ‘services of general economic interest’ is not expressly defined in the EU Treaties or in secondary legislation. Its contours are set out in Article 14 TFEU and, in particular, Article 106(2) TFEU, which provides that undertakings entrusted with an SGEI remain subject to the TFEU unless applying those rules would impede the particular task assigned. Further, the development of intra‑ Community trade must not be affected in a manner that runs counter to the EU’s interest. Protocol No 26 to the TFEU highlights the importance of SGEI and affirms the discretion of Member States in defining them. It also clarifies why there is no single EU definition: SGEI vary between Member States due to differing needs arising from distinct historical, geographical, cultural and social circumstances. The role of SGEI also evolves with...
The Financial Services Enforcement Database The Financial Services Enforcement Database holds detailed information on all substantive FCA and PRA Final Notices and, where available, Decision Notices issued from 2014 onwards. It can be queried and refined across multiple fields. Rule or legislation breached Keyword and sector Date Financial penalty and analysis of penalty components Outcomes, including redress and prohibition orders Other actions, such as referrals to the Upper Tribunal In the UK, oversight of financial services is carried out by two distinct regulators, the Financial Conduct Authority ( FCA) and the Prudential Regulation Authority ( PRA), each with enforcement powers. The FCA operates a judgement-based as well as risk-based model, evaluating a firm’s position in the wider market to place investor interests at the heart of business models, while also delivering an appropriate level of consumer protection. The FCA’s primary objective is that UK financial markets function...
ARCHIVED: This Practice Note is archived and no longer maintained. Background and scope For a comprehensive overview of the nature and functions of the companies within the National Grid plc group, refer to Practice Note: The role of National Grid in the Great Britain energy market. This Practice Note sets out, in detail, how the Transmission Owner ( TO) and System Operator ( SO) roles and licences were unbundled in 2019 between National Grid Electricity Transmission plc ( NGET) and National Grid Electricity System Operator Limited ( NGESO). The National Energy System Operator ( NESO) will be a new, independent public body established under the Energy Act 2023, which received Royal Assent on 26 October 2023. NESO’s remit includes operating the Great Britain electricity system, i.e. taking on the SO function previously carried out by NGESO. Once NESO becomes operational, NGESO will no longer exist....
Part XII of the Financial Services and Markets Act 2000 ( FSMA 2000) Under Part XII, any controller or would-be controller must secure consent from the Financial Conduct Authority ( FCA) or the Prudential Regulation Authority ( PRA) before taking or increasing control of a UK authorised firm, and must notify the relevant regulator when reducing or ceasing control. The FCA and PRA likewise require UK authorised firms to inform them whenever a person acquires, increases or reduces control in the firm, with the notification made by the firm alone or jointly with the controller or proposed controller. Firms must also monitor their controllers and submit an annual report to the appropriate regulator, identifying all controllers. These requirements are designed to ensure the appropriate regulator receives the information needed to fulfil its responsibility to monitor and, in some instances, provide prior approval of firms’...
Introduction This Practice Note outlines the principal documents commonly required at financial close for a merchant waste to energy project, together with a brief summary of each. It is prepared on the basis of a primary deal where a special purpose vehicle ( SPV)—typically known as ‘ Project Co’ and referred to as Project Co in this Practice Note—owns and funds the project, and where the following are executed or provided at financial close: project documents (energy and operations, property, planning, environmental and construction) project finance documents shareholder finance documents associated due diligence reports, legal opinion and other ancillaries That said, this list can equally serve as a reference point for a secondary market merchant waste to energy transaction, since many documents requiring review and/or amendment will be the same. For a companion template of this completion documents list, without document...
While its prominence has dipped in recent years as developers opt for permissive licences like MIT, and notwithstanding the release of a newer edition—the GNU GPL 3.0—a large body of code is still governed by GPL 2.0. Alongside GNU GPL 3.0, it remains a contentious and much-debated licence, chiefly due to copyleft effects that clash with prevailing commercial software licensing models. Under GPL 2.0, any work that is distributed or made public which, in whole or in part, includes or is derived from the GPL programme, or any portion of it, must be licensed in its entirety, free of charge, to all third parties. Among other obligations, this means recipients must be permitted to copy, alter, and share the work, and the licensee must provide access to the source code. There is extensive argument about the events that trigger this clause. In...
Data—and by extension, adherence to data protection rules—sits at the heart of clinical research, whether for clinical trials, pharmacovigilance activities or wider scientific inquiry. This Practice Note examines the data protection ramifications of running clinical research. In particular, it addresses who is accountable for compliance, the lawful bases relied upon, and how transparency should be delivered in this context... Allocation of responsibility for data protection compliance in clinical research Appropriate legal grounds for processing personal data for research purposes Transparency duties owed to participants and other data subjects Collaborative research arrangements and data sharing practices Derogations from data subject rights when processing for research A practical checklist of data protection points to consider when planning research activities The GDPR regimes On 25 May 2018, the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) became directly...
CASE HUB ARCHIVED This archived case hub records the position as at the abandonment date of 27 February 2019; it is no longer being updated. For more detail, see the timeline and commentary. Case facts Outline of the UK merger inquiry into the proposed purchase by Experian Limited of Credit Laser Holdings Limited ( Clear Score). The deal featured horizontal overlaps in UK markets for credit-score checking and related services. Latest developments On 27 February 2019, the parties withdrew from the deal. On that same day, the CMA revoked the merger reference. Parties Experian is a group headquartered in Ireland (listed on the London Stock Exchange) and is the world’s foremost information services company. Experian operates across 37 countries. Credit Laser Holdings ( Clear Score) is a UK-based business that offers free credit score checks to UK...
Key primary resources on closure of the Fi T Government consultation dated 19 July 2018 on the outlook for new small scale renewables after Fi T closure, with a follow-up on 8 January 2019: The Future for Small- Scale Low- Carbon Generation: a call for evidence ( Future Support Consultation) Government consultation (19 July 2018) and decision (18 December 2018) confirming Fi T closure: The Feed- In Tariffs scheme—closure to new applications after 31 March 2019, and administrative measures ( Fi T Closure Consultation) The Feed-in Tariffs ( Closure, etc) Order 2018, made 17 December 2018 and effective from 1 February 2019: SI 2018/1380 ( Fi T Closure Order) Ofgem FAQ covering the end of the Fi T: FAQ: FIT scheme closure ( Ofgem Fi T Closure FAQs) Ofgem guidance on winding down the Fi T: Feed-in Tariffs: Essential guide to closure of the scheme ( Ofgem Fi T...
When can a landlord exercise the right to forfeit a lease? Forfeiture is the landlord’s ability to terminate a lease because the tenant has breached it. A landlord can only bring the tenancy to an end by forfeiture where either of the following applies: there is an express right in the lease, ie the tenancy includes a forfeiture clause permitting the landlord to forfeit for the tenant’s alleged breach. For instance, the lease might state that the landlord may forfeit if rent is unpaid for 14 or 21 days after the due date, on the happening of a specified event in the lease (for example any form of insolvency listed as giving rise to forfeiture), or for any other breach of a tenant covenant. By way of example, see our Precedent: Lease of whole building; or there has been a breach by the...
When does risk pass to the buyer? The core rule applied in most contracts is that risk transfers to the buyer at exchange of contracts. Parties rarely depart from this unless the seller is undertaking works or there is an extended gap between exchange and completion. This mirrors the common law stance (the ‘open contract’ position) and is endorsed by the Standard Commercial Property Conditions ( Third Edition—2018 Revision) ( SCPCs), condition 8.1: ‘ The property is at the risk of the buyer from the date of the contract.’ The timing of the transfer of risk is distinct from the question of who provides insurance during the period between exchange and completion. That issue depends on whether the sale is with vacant possession or subject to existing leases. Regardless of the insurance arrangement, risk must lie with the buyer, as loss may arise from perils that are...
CASE HUB ARCHIVED – this archived case hub reflects the position as at the decision date of 11 December 2018; it is no longer maintained. See further, timeline. Case facts The European Commission conducted a merger investigation into Thales’ proposed acquisition of Gemalto ( Case M.8797). The deal entails, in particular, a horizontal overlap in the market for hardware security modules at both European and global levels. Latest developments On 21 March 2018, the Commission granted conditional approval, subject to commitments. Under these commitments, Thales’ general‑purpose hardware security modules business is to be divested. Parties Thales S. A. ( Thales), headquartered in France, is a global group active in aeronautics, space, ground transportation, defence and security. Gemalto N. V. ( Gemalto), based in the Netherlands, is an international digital security company active in mobile platforms and services, mobile embedded software and products, smart cards,...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1154. HC 1154, published on 15 June 2018 with an accompanying Explanatory Memorandum ( EM), outlines updates of note for business immigration advisers. The package comprises: Revisions to Tier 2 ( General), including: removing the requirement for doctors and nurses to seek a Tier 2 ( General) restricted certificate of sponsorship ( RCo S) barring Tier 2 migrants from owning, even indirectly, more than 10% of shares in their sponsoring employer updating references to the Find a Job service, which supersedes Universal Jobmatch for meeting the resident labour market test ( RLMT) Amendments to the Rules on indefinite leave to remain ( ILR) for...
NOTE—appeals lodged before the Court of Justice in Cases C- 582/18, C- 587/18, C- 589/18, C- 590/18, C- 591/18, C- 591/18, C- 593/18, C- 594/18, C- 596/18, C- 599/18, C- 601/18, C- 606/18, C- 607/18 and C- 611/18 ARCHIVED This archived case hub captures the position as at the judgment of 12 October 2018 and is no longer updated. For more detail, see: timeline, commentary, and relevant/similar cases. Case facts Applications were brought before the General Court seeking, wholly or partially, to annul and/or to obtain reductions of the fines set in the Commission’s decision of 2 April 2014, which levied a total of €301.6m on manufacturers of high‑voltage power cables for their involvement in a global market‑sharing and customer‑allocation arrangement (the power cables cartel). Outline See also Case T‑419/14 The Goldman Sachs Group v Commission (power cables cartel) for a distinct case hub on the General Court’s ruling...
This Practice Note outlines details of the Finance Act 2019 ( FA 2019), which received Royal Assent on 12 February 2019. It is kept for historical reference, charting the legislation’s route through Parliament and providing a summary, with pertinent links, of each measure in the Act. The tracker is divided into three sections: Progress of FA 2019 FA 2019—measure by measure Items expected to be but not included in FA 2019 For an overview of the provisions of the Bill as released on 7 November 2018, see News Analysis: Publication of Finance Bill 2019 and consultations. For details of the draft legislation issued on 6 July 2018, see News Analysis: Legislation day: Draft Finance Bill 2019. For comprehensive tracking of the consultations mentioned, see: Tax—consultation and legislation tracker. Progress of FA 2019 This part of the Practice Note records the progress of FA 2019...
The strongest legal functions keep their gaze ahead, predicting shifts across the organisation and the wider sector, and planning how to steer the business through them. Yet the day-to-day can absorb attention. Regular team meetings provide space to look up, refocus on wider aims in a supportive, collaborative setting, and stay goal-oriented instead of reliving a ‘ Groundhog Day’ of recurring matters. This Practice Note offers in-house lawyers practical guidance on putting the right framework in place for structuring team meetings and nurturing a positive atmosphere at those sessions. The benefits of team meetings If the team resists regular legal team meetings, consider tips that reinforce your messaging and draw attention to their key advantages. Increased trust and transparency in teams Where colleagues mostly rely on digital channels—such as email or instant messenger—they may question what a team meeting delivers that those tools cannot......
Lawful grounds for data processing under the GDPR—summary for financial services firms This Practice Note outlines how financial services firms may rely on legal obligation or legitimate interest as a lawful basis for handling personal data under the General Data Protection Regulation ( EU) 2016/679 ( EU GDPR), and the Assimilated Regulation ( EU) 2016/679 ( UK GDPR), which applies in the UK. This overview focuses on reliance by firms in the financial services sector in particular. For general background on the EU GDPR and UK GDPR, see the following Practice Notes: Introduction to the EU GDPR and UK GDPR The Data Protection Act 2018 The Information Commissioner’s Office ( ICO) has issued guidance on the UK GDPR, which is available here. Note that the Data ( Use and Access) Act 2025 ( DUAA 2025) obtained Royal Assent on 19 June 2025 and partly...
Cryptoassets—the basics At its most basic, cryptoassets are a type of digital currency that uses cryptography to validate transactions conducted in that currency. Functioning without a central authority, they provide near-instant, pseudonymous transfers, operating outside the conventional banking system. For further reading on the formation of cryptoassets, see: Fintech—overview Cryptoassets—overview Practice Note: Web 3.0, digital assets and cryptoassets—essentials Insolvency and restructuring in the context of cryptoassets This Practice Note examines issues an insolvency professional (including an insolvency practitioner ( IP)) may encounter when appointed to handle a cryptoasset-related insolvency. It does not address the position of cryptoassets within personal bankruptcy. Although it is broadly accepted that legal and regulatory scrutiny of cryptoassets lags behind, legislators and regulators—alert to their rapid expansion and market capitalisation—are swiftly strengthening existing frameworks or crafting new regimes. For further information, see Practice Notes: UK regulation of...
What hedgerows are protected? Some hedgerows are controlled by the Hedgerows Regulations 1997 ( HR 1997), SI 1997/1160, made under the Environment Act 1995. Two tiers of protection apply, outlined below: a hedgerow meeting criteria on length and position in HR 1997, reg 3 cannot be removed unless the relevant local planning authority ( LPA) has been given written notice of the intended works the LPA may only stop removal if the hedgerow is also classed as an important hedgerow for the purposes of HR 1997, reg 4 In England, the Management of Hedgerows ( England) Regulations 2024 ( MH( E) R 2024), SI 2024/680 further require: a two metre buffer from the centre of an important hedgerow to be created and maintained, within which land cannot be cultivated and fertilisers cannot be applied no cutting or trimming of an...
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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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