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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 wider suite of Practice Notes on airline insolvency; for additional detail, see Practice Notes: Guide to airline insolvency—introduction Guide to airline insolvency—international considerations and implications for office-holders Insolvency proceedings Commencement of insolvency proceedings concerning an airline can carry differing implications for a financier, which will turn on both the category of procedure used and the way in which it is brought. Within the UK, the processes most often encountered in airline insolvencies are administration, liquidation and receivership (acknowledging that the last is, strictly, a contractual remedy rather than a formal insolvency process). Following the Corporate Insolvency and Governance Act 2020 ( CIGA 2020), a company may enter a standalone moratorium intended to provide limited protection from certain creditor claims and enforcement steps. To date, there have been no recorded instances of an airline entering such a...
ARCHIVED: This archived Market Standards trend report reviews dividend payment practice across the FTSE 350 in 2018. Entitled Dividends 2018, the archived Market Standards study explores how FTSE 350 companies approach the payment of dividends. Expert insights and contributions are provided by Martin Webster, Partner at Pinsent Masons LLP, Jonathan Beastall, Senior Adviser at Pinsent Masons LLP, Peter Swabey, Policy and Research Director at The Chartered Governance Institute (formerly known as ICSA: The Governance Institute), and the Stock Situations Team of the London Stock Exchange ( LSE). The trend report encompasses all FTSE 350 companies with a financial year ending between 1 July 2016 and 30 June 2017, which held their annual general within this archived Market Standards trend report publication context......
CASE HUB ARCHIVED this archived case hub captures the status as at the decision dated 27 November 2018; it is not being updated. See also timeline, commentary and related cases. Case facts Outline European Commission merger probe into the planned purchase by T- Mobile NL of Tele2 NL ( Case M.8792). The deal involves horizontal overlaps within the Dutch mobile telecommunications market. Latest developments On 27 November 2018, the deal received unconditional clearance after an in-depth phase II review. Parties T- Mobile NL supplies telecommunication services to private and corporate customers in the Netherlands. It is a MNO with nationwide coverage delivering 2G, 3G, 4G and Narrow Band- Internet of Things ( NB- Io T) mobile communications services. It also offers retail fixed services, including broadband Internet, TV and fixed telephony, based on wholesale access services. T- Mobile NL is a subsidiary of Deutsche...
This Practice Note outlines how a dispute progresses under the third edition of the ARIAS ( UK) Rules, adopted in 2014 (the ARIAS Rules). For an introduction to ARIAS, see Practice Note: Arbitration under the ARIAS ( UK) Rules 2014. Formal requirements Under ARIAS Rule 17, an award must: be set out in writing ( ARIAS, rule 17.2) be in the primary language of the arbitration ( ARIAS, rule 17.2) state the seat of the arbitration ( ARIAS, rule 17.2) state the date of the award ( ARIAS, rule 17.2) give reasons (unless the parties agree otherwise, or the tribunal issues a consent award at the parties’ request) ( ARIAS, rule 17.10) be signed by the sole arbitrator, the umpire, or two of the three arbitrators, as appropriate ( ARIAS, rule 17.3) The ARIAS Rules do not prescribe a time frame for when the...
In recent years, interest in information on medicines has risen steadily among a wide range of stakeholders, including the general public, patient associations, physicians, the pharmaceutical industry and academia. In response, legislators and medicines regulators have embraced a more open stance, enabling access to a broader set of documents and data on the quality, safety and efficacy of medicinal products than at any time before. Within the EU, the European Medicines Agency ( EMA) is the authority charged with protecting and promoting human and animal health. Among the EMA’s core duties are the scientific assessment of applications for marketing authorisation ( MA) via the centralised procedure, and the co-ordination of the EU pharmacovigilance system to monitor the safety of medicinal products. Consequently, the EMA holds extensive scientific and clinical data on medicines. There are multiple channels through which documents and information on medicinal products can be...
This Practice Note This Practice Note explores the law of limitation in Scotland. For guidance on: the law of prescription in Scotland, consult Practice Notes: Prescription in Scotland and Short negative prescription in Scotland—the prescriptive period for obligations to pay damages other central areas of Scots law and procedure, refer to our Scotland collection the nearest equivalent in England and Wales, see Limitation: general—overview, which outlines the topic and links to more detailed guidance on various aspects of limitation in England and Wales Key AEVA 2018— Automated and Electric Vehicles Act 2018 LR( MP)( S) A 1980— Law Reform ( Miscellaneous Provisions) ( Scotland) Act 1980 PL( S) A 1973— Prescription and Limitation ( Scotland) Act 1973 P( S) A 2018— Prescription ( Scotland) Act 2018 Difference between limitation and prescription in Scots law PL( S) A 1973, often called the ‘1973...
From 6 April 2017, the Equality Act 2010 ( Gender Pay Gap Information) Regulations 2017 (the Regulations), SI 2017/172, came into effect. Under these Regulations, SI 2017/172, large private and voluntary sector employers—those with 250 or more employees on 5 April each year—must publicly disclose certain gender pay gap data for relevant employees. This Practice Note examines how pay and benefits delivered through various employee share plans are treated for gender pay gap reporting and, in particular, how such plans are considered when assessing bonus pay and the gender bonus gap... Gender pay gap reporting—basic principles The Regulations, SI 2017/172 apply to all relevant employers. Relevant employers are private and voluntary sector employers with 250 or more employees as at 5 April each year. The term ‘relevant employer’ is defined as an employer with more than 250 employees on the relevant snapshot date of 5 April each...
Capital maintenance rule Under English company law, a limited company with share capital is required to preserve that capital. The capital maintenance principle exists to safeguard a company’s creditors by making sure that the assets which represent the company’s capital remain available to them for future recourse. A company’s share capital can be affected by certain events that occur from time to time over the course of its life, in accordance with the provisions of the Companies Act 2006 ( CA 2006). These include: the issue of shares, on incorporation and thereafter, including bonus issues the redenomination of share capital the sub-division and consolidation of shares reductions of capital share buybacks the issue of redeemable shares and their eventual redemption This Practice Note sets out, in brief, the accounting treatment for each of these possible events in turn. It also considers matters relating to distributable reserves, including the payment of...
This summarises completed EU merger enforcement actions since 2014 For details on live EU merger enforcement work, see EU mergers—ongoing cases tracker. For concluded Commission phase I merger reviews, see EU phase I mergers—closed cases tracker. For concluded Commission phase II merger reviews, see EU phase II mergers—closed cases tracker. For information on appeals before the General Court, see General Court appeals—ongoing cases tracker; for appeals before the Court of Justice, see Court of Justice appeals—ongoing cases tracker. 2023 Case: Illumina/ GRAIL ( M.10493, M.10483, M.10938 and M.10939) Industry sector: Production of basis pharmaceutical products and pharmaceutical preparations Issues: Gun jumping Decision: Decision withdrawn following Case C- 611/22 Commission adopts restorative measures requiring Illumina to unwind its completed acquisition of...
Brexit: On 31 January 2020, the UK left EU membership and moved into an implementation phase, during which EU law continues to apply to it and it remains subject to the existing EU legal framework. Throughout this time, the GDPR remains in force in the UK and, for EEA and UK data protection purposes, the UK is still broadly regarded as an EU (and EEA) state. Accordingly, any mention of EEA or EU states in this Practice Note should be understood as also covering the UK until that implementation phase concludes. For more detail on that period, its length, and the data protection regime expected to follow its end, see Practice Note: Brexit—implications for data protection [ Archived]. ARCHIVED: This Practice Note is archived material and describes the landscape before the General Data Protection Regulation took effect. It is provided for general background only and is not...
Brexit: On 31 January 2020, the UK ended its status as an EU Member State and entered an implementation period, during which EU law continued to apply to the UK. Throughout this period, the GDPR applies in the UK and, for EEA and UK data protection law purposes, the UK is broadly treated as an EU (and EEA) state. Consequently, any references to EEA or EU states in this Practice Note should be read as also including the UK until the end of the implementation period. For further guidance on that period, its duration, and the data protection laws and arrangements anticipated to apply after it concludes, see Practice Note: Brexit—implications for data protection [ Archived]. ARCHIVED: This Practice Note is archived content and reflects the position prior to the General Data Protection Regulation becoming applicable. It is provided for background...
Brexit: On 31 January 2020, the UK stopped being an EU Member State and moved into an implementation period, during which EU law still applies. Throughout that window, the GDPR remains in force in the UK and, for EEA and UK data protection purposes, the UK is broadly regarded as an EU and EEA state. Consequently, any mentions of EEA or EU states in this Practice Note should be interpreted as also covering the UK until that period ends. For more on the timing of that phase and the data protection framework expected afterwards, see Practice Note: Brexit—implications for data protection [ Archived]. ARCHIVED: This Practice Note is archived material, captures the situation before the General Data Protection Regulation became applicable, serves as background only and is not updated. The General Data Protection Regulation ( EU) 2016/679 was published in the Official Journal of the EU on 4 May...
This Practice Note examines the power of immigration bail This Practice Note explores immigration bail as the sole mechanism of release, effective from 15 January 2018, for individuals subject to detention and those liable to be detained under immigration powers in particular where relevant. For guidance on liability for detention and related Home Office policies, see Practice Note: Immigration detention. The purpose here is to outline immigration bail; it does not, for instance, address the inherent jurisdiction of the High Court or Court of Appeal to grant bail, nor the bail jurisdiction of the Special Immigration Appeals Commission, as detailed analysis of those subjects currently falls outside the scope of Lexis+® UK. The majority of the bail provisions in Schedule 10 to the Immigration Act 2016 ( IA 2016) commenced on 15 January 2018. For details of provisions not yet in force, refer to...
Homelessness legislation Part VII of the Housing Act 1996 ( HA 1996) forms the main legal framework for preventing homelessness and for assisting people who are threatened with, or already facing, homelessness. The Homelessness Reduction Act 2017 ( HRA 2017) took effect on 3 April 2018, making major changes to England’s homelessness law. Local housing authorities ( LHAs) must have regard to any guidance issued by the Secretary of State when carrying out their homelessness functions. The current statutory guidance was first published in 2018 and is updated on a regular basis. The updated system places obligations on local authorities to act earlier within their areas to stop homelessness arising. It also requires LHAs to offer homelessness services to all those affected, not only those considered to have ‘priority need’. These include: an expanded prevention duty that increases the period during which a...
CASE HUB NOTE— appeals lodged before the Court of Justice in Case C-403/18 P (in relation to the main appeal); and in Case C-386/15 (in relation to the General Court’s order made on 16/06/2015) ARCHIVED — this archived case hub reflects the position as at the judgment of 10 April 2018; it is no longer maintained. See further, timeline, commentary and related/relevant cases. Case facts Outline Alcogroup and Alcodis brought an appeal before the General Court against two Commission decisions dated 12 March 2015 and 8 May 2015. The first concerned how Commission inspectors conducted dawn raids on 24 March 2015 in case AT.40244, alleging that legally privileged correspondence was unlawfully analysed and seized. The second related to the Commission’s letter refusing the applicants’ request to suspend any investigative act regarding them in AT.40054 and...
THIS PRACTICE NOTE RELATES TO REGISTERED PENSION SCHEMES By means of Schedule 4 to the Finance Act 2016 ( FA 2016), the government brought in an allowance protection regime designed to sit alongside the cut in the lifetime allowance from £1.25m to £1m on 6 April 2016. Termed fixed protection 2016 ( FP 2016), it mirrors earlier fixed protection regimes respectively launched on 6 April 2012 (fixed protection 2012, or simply ‘fixed protection’) and 6 April 2014 (fixed protection 2014). This Practice Note focuses on FP 2016, which is the subject of this Practice Note. The original purpose of FP 2016 was to give transitional protection to people who, before 6 April 2014, had already accumulated pension savings above £1m, or who expected to do so on the basis that the lifetime allowance would be maintained at no less than £1.25m. Although the...
THIS PRACTICE NOTE RELATES TO REGISTERED PENSION SCHEMES Through Schedule 22 of the Finance Act 2013 ( FA 2013), the government brought in and implemented an allowance protection framework to accompany and facilitate the reduction in the lifetime allowance from £1.5m to £1.25m on 6 April 2014. This framework, called fixed protection 2014 ( FP 2014), builds on the fixed protection regime first launched on 6 April 2012 (referred to as fixed protection 2012, or simply ‘fixed protection’). FP 2014 is the focus of this Practice Note. The initial, stated purpose of FP 2014 was to provide transitional protection for individuals who, before 6 April 2014, had already accumulated pension savings exceeding £1.25m, or who intended to do so on the assumption that the lifetime allowance would stay at least at £1.5m. Although the lifetime allowance was subsequently abolished with effect from 6 April 2024, FP 2014...
THIS PRACTICE NOTE RELATES TO REGISTERED PENSION SCHEMES Under Schedule 18 to the Finance Act 2011, the government set up an allowance protection framework to sit alongside the reduction in the lifetime allowance from £1.8m to £1.5m on 6 April 2012. That framework, called fixed protection 2012 ( FP 2012), was the first iteration of fixed protection introduced, and it is the focus of this Practice Note. FP 2012 was intended to provide transitional cover for individuals who had already accumulated pension savings on the assumption that the standard lifetime allowance would remain at least £1.8m. Although the lifetime allowance was abolished with effect from 6 April 2024, FP 2012 still offers certain transitional safeguards for a person’s entitlement to: (i) the lump sum allowance; (ii) the lump sum and death benefit allowance; and (iii) a tax-free lump sum. For more detail, see The...
CPR 52.6(2)(b) superseded rule 52.3(7)(b), and CPR 52.18 replaced rule 52.9, in October 2016. The wording was unchanged, so authorities decided before October 2016 in this field remain binding. For broader guidance on applications for permission to appeal, see the following Practice Notes: Permission to appeal—preliminary considerations Permission to appeal—the application Permission to appeal—hearing and next steps For targeted guidance on limited permission to appeal, see Practice Note: Permission to appeal—hearing and next steps— Limited permission to appeal in the Court of Appeal. Conditions on an appeal—introduction There are two principal provisions regulating conditions on an appeal: CPR 52.6(2)(b) allows the court, when granting permission on a first appeal, to impose terms—that is, to give permission subject to conditions CPR 52.18(1)(c) permits the appeal court, when considering setting aside permission or striking out an appeal notice, to impose new...
General overview of asset sales Whether a buyer acquires assets from a solvent owner, or from a distressed seller subject to a formal insolvency process in the asset transaction context, a range of differing legal and practical issues and considerations will arise for those involved on all sides in practice. The Insolvency Act 1986 ( IA 1986) sets the rules and regulates various formal insolvency procedures affecting both corporate bodies and individuals alike in defined circumstances. In England and Wales, the principal corporate procedures are administration and liquidation in particular: if the company is in liquidation (compulsory or voluntary) and the appointed liquidator cannot sell the business as a going concern, the liquidator will realise the insolvent company’s assets—ideally as a single job lot where feasible and appropriate, otherwise piecemeal where necessary as needed—to ultimately maximise the funds available for...
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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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