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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 Practice Note is archived and no longer updated. It outlines the principal amendments introduced in the 2017 second editions of the FIDIC Red, Yellow and Silver Books, contrasted with the 1999 ‘first editions’ of those forms. FIDIC unveiled the second editions at its annual users’ conference in December 2017. It plans to issue its own guidance on the contracts in due course, as it did after releasing the 1999 editions. For coverage of the 2017 event, see News Analysis: FIDIC Red, Yellow and Silver Books 2017: conference report. Errata to the second editions were later released in December 2018 (see News Analysis: Errata to FIDIC 2017 contracts published). Unless stated otherwise, clause references are to the 2017 Red, Yellow and Silver Books. Aims of the update The primary purpose of the revision was to enhance clarity and certainty, ensuring each party...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 309 HC 309, accompanied by an Explanatory Memorandum ( EM), was issued on 7 December 2017. It addresses: the digital issuing of entry clearance contentious revisions to the Rules on indefinite leave to remain ( ILR) for principal applicants and their dependants in work categories, particularly how absences from the UK are assessed significant amendments to the Tier 1 ( Entrepreneur) sub‑tier changes to Tier 1 ( Exceptional Talent), including: raising the Tier 1 ( Exceptional Talent) limit to 2,000 endorsements per year, with 1,000 to be distributed among the Designated Competent Bodies on a first‑come first‑served basis introducing a provision allowing migrants endorsed under the...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 4 July 2018; it is no longer maintained. See further, timeline. Case facts Outline The European Commission examined the merger plan under which Tronox would acquire Cristal ( Case M.8451). The deal raises horizontal overlaps in titanium dioxide market segments. Latest developments On 4 July 2018, the Commission granted conditional clearance, tied to binding commitments. Tronox must dispose of its worldwide titanium dioxide pigment activity for paper laminate. Completion may occur only after the Commission reviews and authorises the sale to an appropriate buyer. Parties Tronox, incorporated in Australia and based in the US, operates in the mining and manufacture of minerals and chemicals (notably titanium dioxide). It holds mines in Australia and South Africa and runs production sites in Europe, the US and Australia. The National Titanium Dioxide Company Ltd (...
This year’s annual round-up surveys key developments from 2017 and looks ahead to what 2018 may bring. Highlights include the release of the Third Edition of the Standard Commercial Property Conditions, conclusion of the EMI appeal on whether tenants can assign to guarantors, the Vivienne Westwood decision on penalties in side letters, the Newbigin ruling on business rates, new minimum energy efficiency standards, the upcoming 4th Edition of the RICS code of practice on commercial service charges, and shifts within the residential sector. It also covers updates to Lexis Nexis® content, sharing notable advances from the past year and what is planned for the next 12 months Transferring property/ Contracts What happened? The Third Edition of the Standard Commercial Property Conditions (the 3rd Edition) was issued on 27 April 2017 What are the practical implications? These conditions refresh the Standard Commercial Property Conditions ( Second Edition) (the 2nd...
Released on 18 December 2017, this year’s Brexit round-up surveys the major developments of 2017 and signals what to expect in 2018. It offers updates and analysis on: the process and implications of triggering Article 50 TEU progress made in the first phase of Brexit talks the government’s domestic readiness and contingency planning, covering key legislative programmes, devolution questions and ongoing parliamentary scrutiny It also looks ahead to core priorities as both sides prepare to shift negotiations into a second phase in 2018, and provides updates on Lexis Nexis® content—highlighting last year’s developments and what is scheduled over the next 12 months. Reviewing 2017 EU withdrawal process What happened? The UK’s decision to leave the EU is without precedent, creating significant legal and constitutional challenges. With both the UK and the EU navigating uncharted territory, debate has persisted across multiple fronts, including the 2016 EU...
This year’s annual review reflects on key shifts in 2017 across family practice and procedure, and flags what lies ahead for 2018. Highlights from the last 12 months cover revisions to divorce processes, tweaks to the divorce petition ( Form D8) and statements of truth, advocacy for no-fault divorce, the separation of divorce and financial claims, and fresh provisions in the Family Procedure Rules 2010 ( FPR 2010), Pt 3A and PD 3AA concerning vulnerable individuals taking part in proceedings and giving evidence. You will also find updates to Lexis Nexis® content and a look at what’s planned over the coming year. Reviewing 2017 Relationship breakdown What happened? There were several amendments to FPR 2010, SI 2010/2955 in 2017 impacting relationship breakdown: a new practice direction, FPR 2010, PD 36D, introduced a divorce pilot enabling specified applications to be submitted through an online route the...
ARCHIVED: This Practice Note is no longer maintained and is provided for background reference only. In addition, some links may not lead to the provisions as they stood on the date this guidance was published. This year’s Dispute Resolution ‘starting and managing a civil claim’ annual review reflects on the stand-out developments of 2017 and signals what is anticipated for 2018, including: Continuing applications for relief from sanctions Privilege developments in SFO v Eurasian and inadvertent disclosure of privileged material Court guide updates concerning interim applications New hot-tubbing measures under Practice Direction 35, para 11 Settlement agreements Case law on applications for permission to appeal The CJC’s interim report on ADR Reviewing 2017 Case management What happened? Courts, including the Court of Appeal, continue to address applications for relief from sanctions. In R ( Kaur) v The Secretary of State For The Home Department, the Court of Appeal considered its...
Price is a pivotal consideration in any construction contract. The FIDIC forms of contract adopt two distinct ways of setting the price. The Red and Pink Books operate as remeasurement contracts, whereas the Yellow, Silver and Gold Books proceed on a lump sum fixed price basis. This Practice Note explores how the Contract Price in the 2017 editions of the FIDIC contracts ( Red, Yellow and Silver Books) is derived, and the mechanisms by which it can be adjusted. For an overview of price in the 1999 editions of the Red, Yellow and Silver Books, and in the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—price. Remeasurement In remeasurement contracts, an initial appraisal of the value of the works is obtained by measuring the quantity of each work item (set out in a document called a bill of...
Updated November 2025 Introduction The Argentine Republic comprises 23 provinces plus a federal district—the City of Buenos Aires, the nation’s Federal Capital. Sitting on the south-eastern edge of South America, Argentina ranks eighth worldwide by land area and second in Latin America, spanning roughly 3.8 million square kilometres (about 1.5 million square miles). Its population exceeds 45 million, with around 15 million residing in Greater Buenos Aires, and an overall density close to 15 inhabitants per square kilometre. With a GDP near US$633bn, Argentina stands among Latin America’s biggest economies. Yet recurrent swings in growth and entrenched institutional constraints have hampered development. Although urban poverty has fallen compared with the prior year, it remains elevated at roughly 32% of residents, according to recent data. In December 2023 a new right-of-centre coalition assumed office, pledging a shift towards more market-friendly measures, such as easing foreign exchange...
Updated in December 2025 Introduction Germany stands as Europe’s strongest economy and ranks among the largest worldwide. Its central position across the continent underpins a tightly knit infrastructure network. The country presents excellent business conditions and enjoys strong regard from overseas investors. Far-reaching structural reforms, together with restrained growth in unit labour costs, have markedly enhanced the competitiveness of German enterprises. Outstanding infrastructure and a highly qualified workforce further underpin long-term commercial success. The Federal Government has recently expanded public spending to unprecedented levels, with a particular focus on infrastructure investment. In addition, the legislature has widened depreciation allowances and resolved to lower corporation taxes. There are numerous options for structuring a venture in Germany. The purpose of this Practice Note is to flag key issues a new business should address before commencing operations in Germany. This Practice Note is not intended to be a...
Updated in June 2025 Introduction Set in the Eastern Mediterranean, Cyprus sits at the meeting point of Europe, Asia and Africa. It is a sovereign, independent republic operating a presidential system, under a written constitution that upholds the rule of law, political stability, human rights and private property. Cyprus has belonged to the EU since 1 May 2004 and adopted the euro on 1 January 2008. In the run‑up to accession, wide‑ranging structural and economic reforms reshaped the economy, fostering a modern, open and energetic business landscape. Since entry, the island has become a natural gateway for two‑way investment between the EU and global markets, notably the fast‑expanding economies of Russia, Eastern Europe, India and China. As an international business and financial centre, Cyprus is exceptionally well positioned. Beyond its strategic location, cosmopolitan character and appealing climate, it offers first‑class commercial...
Updated in April 2025 Introduction Companies are operating ever more across borders, spurred by the rise of online services. Yet while commerce may span jurisdictions, each territory preserves its own regulatory stance, customs and market practices. Before launching in a new location, businesses should weigh potential political or legislative exposure. Such risks differ by nation, and their salience shifts with the industry and the particular priorities of the enterprise. This note highlights key points to evaluate before entering a fresh jurisdiction. Numerous organisations assess how jurisdictions perform on critical dimensions. The World Economic Forum’s Future of Growth Report 2024 recognises many of these areas as key indicators when appraising a country’s economic climate and resilience. At the close of this note you will find links to country specific guides that provide deeper reviews of the principal legal matters to address when...
Police Scotland and the Crown Office and Procurator Fiscal Service Police Scotland (the Police) is the national policing body for Scotland, formed in April 2013. The service reports directly to the Crown Office and Procurator Fiscal Service ( COPFS), Scotland’s sole public prosecutor, charged with prosecuting crime in the public interest and investigating all sudden or suspicious deaths. See Practice Note: The investigation and prosecution of criminal offences in Scotland. Investigations into health and safety incidents in Scotland Under section 18 of the Health and Safety at Work etc Act 1974 ( HSWA 1974), the Health and Safety Executive ( HSE) is tasked with putting in place adequate arrangements to enforce health and safety legislation, thereby securing workers’ health, safety and welfare and protecting others, including the public, in meeting that duty. See Practice Notes: Health and safety investigations in Scotland and Powers of health and safety...
ARCHIVED: This material was published in 2017 and is now unmaintained. Market Standards’s newest trends report reviews current market practices and patterns arising from the FTSE 350 annual general meeting ( AGM) season 2017......
CASE HUB ARCHIVED This archived case hub records the position as at the decision date of 21 February 2019; it is no longer updated. See also the timeline and commentary. Case facts Outline The Financial Conduct Authority ( FCA) conducted an Article 101 TFEU/ Chapter I probe into four asset managers concerning an alleged infringement of competition rules by exchanging commercially sensitive pricing information for initial public offerings ( IPOs). Latest development On 21 February 2019, the FCA issued its decision concluding that three asset management firms had violated competition law. Penalties were levied on two of those firms. Parties Artemis Investment Management LLP ( Artemis), a prominent UK-based fund manager Hargreave Hale Ltd ( Hargreave Hale), a leading UK provider of investment management, stockbroking and fund management services Newton Investment Management Limited ( Newton), a UK-based global investment management firm, together with its ultimate parent, The Bank of New...
ARCHIVED: This Practice Note is archived and no longer maintained. Jackson LJ’s ‘ Supplemental Report— Fixed Recoverable Costs’ In July 2017, Lord Justice Jackson issued a report after reviewing fixed recoverable costs ( FRC). Completed on schedule with input from 14 assessors, it sets out several recommendations, namely: rolling out a FRC regime across all fast-track matters creating an intermediate track to which FRC would attach, for cases of moderate complexity that would otherwise sit in the multi-track, valued up to £100,000 widening the current Aarhus Convention style capped-costs model from certain judicial review claims to encompass all judicial review claims For fuller discussion of Jackson LJ’s report, see News Analyses: Fixed recoverable costs report 2017—a summary of conclusions; Will Jackson’s fixed costs proposals deliver access to justice?; and Alert: Review of fixed recoverable costs...
ARCHIVED : This archived Practice Note sets out the principal actions pension trustees and/or scheme sponsors were required to take in the run-up to 25 May 2018 to prepare for the commencement of the General Data Protection Regulation ( EU) 2016/679. It is provided for background purposes only, is not maintained, and should not be treated as current guidance. The General Data Protection Regulation ( GDPR) took effect on 25 May 2018, superseding and building on the pre-existing data protection legislation. It raises expectations to strengthen the protection afforded to individuals’ personal data. As data controllers, trustees and employers must be clear and transparent about what they do with personal data and how they use it. Individuals enjoy stronger rights over their information, and breaches of the law attract substantially heavier penalties. Accountability is fundamental: compliance must be demonstrable by adopting...
Overview This Practice Note sets out what structured deposits are and discusses: the definition of structured deposits, the key components of a structured deposit, viewed from both the investor’s perspective and that of the bank receiving the deposit, and regulatory considerations, including activities regulated under the Financial Services and Markets Act 2000 ( FSMA 2000), possible cover for investors through the Financial Services Compensation Scheme ( FSCS), the possibility of holding a structured deposit within an Individual Savings Account ( ISA) under the Individual Savings Account Regulations 1998, SI 1998/1870, and how Assimilated Regulation ( EU) 1286/2014 (the UK PRIIPs Regulation) and the Financial Conduct Authority ( FCA)’s Consumer Duty apply to structured deposits marketed to retail clients. What are structured deposits? A structured deposit is a type of investment where: the investor places funds for a fixed period with a bank or other...
This Practice Note describes the written resolution route that directors can use to reach decisions instead of convening board meetings. It also looks at how sole directors make decisions under the model articles for private companies limited by shares. For guidance on the power and authority of directors to decide matters, whether as a full board or via a committee, on duties to consider when deciding, and on decision-making in group companies, see Practice Note: Directors’ decision-making—power, authority and duties. For details on calling board meetings, including giving notice, required content of notices, attendance and attendees at board meetings, see Practice Note: Directors’ decision-making—convening board meetings. For information on conduct at board meetings, including the role of the chair, quorum and voting requirements, declaring interests in transactions, and consideration of board papers and debate, see Practice Note: Directors’...
If an accident has caused a claimant to lose entitlement to the state pension, there is, at first glance, a possible claim for that loss. Yet, to judge whether a claim is sustainable, the practitioner must confirm that a shortfall exists and, if so, pinpoint how the entitlement was lost... How does a person qualify for the state pension? To qualify for the state pension, a person must: have paid, or been credited with, National Insurance contributions have reached the state pension age The new state pension The label ‘new state pension’ is not merely a convenient phrase. While it is hardly ‘new’, the term matters because it separates the scheme from the earlier long-standing system. Anyone reaching state pension age on or after 6 April 2016 must claim the new state pension. Confusingly, however, the individual’s National Insurance record before 6 April 2016 is used to...
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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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