Legal Precedents

Dear [ Insert name ] Re: [ Insert name of client/claimant ] The court has now set a timetable for the case in which you are involved as [ insert details eg liability expert ]. Please find enclosed a copy of the court directions......

An Agreement dated [ date ] regulating the carrying on and conduct of Insurance Business between: 1 [ Full name of insurance company ][ (insert company acronym) ], incorporated and registered in [ country ] with company number [ number ], whose registered office is at [ registered office address OR (the Insurer) full name of Managing Agent ], on behalf of the underwriting members of all Lloyd’s syndicates it manages from time to time (the Managing Agent), AND 2 [ Full name of broking company ], incorporated and registered in [ country ] with company number [ number ], whose registered address is at [ registered office address ] (the Broker) (collectively, the “ Parties”, and each separately a “ Party” herein) AGREED TERMS 1 Definitions and interpretation 1.1 The definitions and rules of interpretation apply to this Agreement as...

Warranty & Indemnity insurance provisions—pro-seller—share purchase agreement Include the following terms as additional definitions in clause 1 of the relevant Precedent—namely, as applicable, Share purchase agreement—pro-seller—corporate seller—conditional—long form; Share purchase agreement—pro-seller—corporate seller—unconditional—long form; Share purchase agreement—pro-seller—individual sellers—conditional—long form; Share purchase agreement—pro-seller—individual sellers—unconditional—long form; or Share purchase agreement—pro-seller—corporate seller—short form: 1 Definitions and interpretation W& I Claim • means a claim brought by the Buyer under the W& I Policy; W& I Insurer • means the insurer or underwriter that issues and maintains the W& I Policy and is responsible for providing insurance cover for the risks set out in that policy; W& I Policy • means the warranty and indemnity insurance policy issued to the Buyer that, in accordance with its terms, provides cover for risks arising from any actual or potential breach of the Warranties and from claims under the Tax...

Warranty & Indemnity insurance provisions—pro-buyer—short form—share purchase agreement Insert the following definitions as new definitions into clause 1 of the relevant Precedent— Share purchase agreement—pro-buyer—corporate seller—short form or Share purchase agreement—pro-buyer—individual sellers—short form (as applicable): 1 Definitions and interpretation W& I Policy means the warranty and indemnity insurance policy issued to the Buyer which, in accordance with its terms, covers risks arising from any actual or potential breach of the Warranties and claims made under the Tax Covenant; Insert the following as a new clause immediately following the clause 5 headed ‘ Seller(s) Warranties’: 6 W& I Policy 6.1 The Buyer: 6.1.1 warrants to the Seller as at the date of this Agreement, that it has taken ......

Warranty & Indemnity insurance provisions—pro-buyer—long form—share purchase agreement Add to clause 1: Uninsured Event: facts or matters giving rise to a breach of Warranty not covered by the W& I Policy. W& I Policy: the warranty and indemnity insurance issued to the Buyer covering risks from Warranty breaches and Tax Covenant claims. The Buyer warrants it has placed and will maintain the W& I Policy, under which the insurer irrevocably waives subrogation, contribution or other claims against the Seller, except for loss arising from the Seller’s fraud [ or fraudulent misrepresentation ]. The Buyer shall not rescind, terminate, amend adversely, waive rights under, or act/omit so as to render the W& I Policy void or unenforceable. Replace ‘ Thresholds’ with: The Seller’s maximum liability for all Warranty Claims [ and Tax Covenant Claims ] other than for an Uninsured Event is £1.00, regardless of non‑payment, vitiation, expiry,...

Insurance Premium Adjustment for D& O Climate-related Financial Disclosures ( Archie’s Clause) ( The Chancery Lane Project) This clause encourages organisations to lessen climate exposure by offering lower insurance premiums to policyholders who satisfy agreed reporting disclosure standards for climate-related financial risks......

Condition to Liability Cover for Climate- Related Claims This clause sets a precondition for insurance cover, compelling the insured to establish a rigorous net-zero transition plan before cover incepts for climate-related liability claims. A commercial policyholder must have such a robust plan (including emissions reduction targets) in place at policy inception, as a prerequisite to accessing liability insurance for climate-related claims. The objective is to encourage good behaviour, place the insured on a pathway towards net zero, and lower the likelihood of climate-related claims being brought against the insured, thereby supporting the insurer’s sustainable business. In short, it promotes better conduct, aligns strategy with net-zero goals and mitigates exposure to climate-related liabilities. The clause was created by The Chancery Lane Project ( TCLP) under the title ‘ Condition to Liability Cover for Climate- Related Claims’ and is referenced on TCLP’s website below. For...

Strictly private and confidential To: [ Insert name of Customer party ] (a company registered in [ England and Wales ], with company registration number [ insert ] whose registered office is at [ insert address ]) (you). [ Insert customer address ] Date: [ insert date ] Subject to contract (except as expressly stated) Dear [ insert name ] Letter of intent regarding proposed outsourcing agreement Further to discussions between you and [ insert name of Supplier party ] (the Supplier) on [ insert date(s) ], and subject to contract (except as expressly stated), this Letter of Intent ( LOI) outlines the principal commercial terms provisionally reached between our organisations (collectively, us or we) in relation to a proposed agreement for the delivery of [ insert description ] outsourced services (the Services) (the Proposed Agreement). We each agree that: 1 Duration and status We intend to negotiate and, subject to each...

Note: This Practice Note offers targeted guidance for cases in the Technology and Construction Court ( TCC) governed by CPR 60, CPR PD 60 and the TCC Guide. As these sit alongside the general CPR, it should be read with the broader guidance on preparing for and attending trial, including Trial—overview, which in turn signposts detailed material on particular aspects of trial preparation and attendance Shorter and flexible trials schemes— TCC claims issued on or after 1 October 2015 may qualify for, or fall within, one or both schemes under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For more detail on these schemes, see Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme Electronic working—for guidance on electronic working in the TCC, refer to Practice Note: TCC—starting a claim— High Court or County Court?—...

[ In the County Court at [ insert ] or in the High Court of Justice ] [ [ specify division ] ] [ [ insert location ] District Registry ] Claim No: Between A Claimant and (1) B [ driver ] (2) C [ foreign insurer ] Defendants PARTICULARS OF CLAIM On 2 December 2023, the Claimant was on foot, proceeding along High Street, London E18. The First Defendant was operating an Opel bearing German registration number [ registration number ] and was travelling northbound on High Street. Approaching the junction with Croydon Road, the Claimant attempted to cross High Street. He traversed the two nearside lanes, crossed the centre line and entered the first offside lane, at which point the First Defendant’s Opel collided with him, causing the injury, loss and damage particularised below......

[ ON THE LETTERHEAD OF THE CLAIMANT’ S SOLICITORS] For the attention of [ MANAGING PARTNER] [ NAME OF DEFENDANT ACCOUNTANT ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert organisation name ] [ PROSPECTIVE CLAIMANT’ S NAME ] and [ PROSPECTIVE DEFENDANT’ S NAME ] Preliminary notice of claim We act for our client, [ insert client’s name ]......

[ To be printed on the claimant’s solicitors’ headed paper ] Our reference: [ insert your file reference for this matter ] For the attention of: [ INSERT RELEVANT NAME ] [ NAME OF DEFENDANT OR DEFENDANT’ S SOLICITOR IF KNOWN ][ ADDRESS LINE 1 ][ ADDRESS LINE 2 ][ POSTCODE ] [ DATE ] Dear [ insert name ] [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] LETTER OF CLAIM [ We refer to our correspondence dated [ insert date of your preliminary notice of claim, if sent ]. That correspondence constituted a preliminary notice of claim issued in accordance with the Pre- Action Protocol for Professional Negligence, and required your acknowledgement by [ insert date ]. ] [ We note your letter dated [ insert date ] confirming receipt of the preliminary notice. However, we still await confirmation that your...

Dear [ insert expert’s name ] Re: [ insert name of client and the client’s date of birth (address and telephone number should be provided separately for the appointment arrangements) ] Date of accident: [ insert date of accident ] Thank you for consenting to prepare a report in this matter. We represent the above individual regarding injuries sustained in an accident that took place on the date noted above. Documentation To aid the preparation of your report, we enclose the following documents: [ list documents enclosed with instructions eg GP records, ambulance, hospital records, etc ] [ We are in the process of obtaining our client’s GP, ambulance service and hospital notes and records and will send them to you once received. OR We enclose an agreed, indexed and paginated set of notes and records prepared with the Defendants. ] Your...

Dear [ Insert ] Re: [ Insert name of client ] Appreciate you agreeing to produce report on this case...

Dear [ Insert ] Re: [ Name of Client/ Name of Claimant ] As set out in the Court timetable we supplied, you are obliged by the court to hold a discussion about this matter with [ Insert eg the claimant’s/defendant’s expert ] for the purposes described in the Rules ( CPR 35.12). The aims of discussions between experts are to: pinpoint and examine the specialist issues arising in the proceedings; form shared conclusions on those issues where possible and, if not, narrow the issues; set out the points on which they agree and disagree, and summarise the reasons for any disagreement on any point; indicate what steps, if any, may assist in resolving any outstanding issues between the parties. These discussions are not intended to settle the proceedings......

[ IN THE COUNTY COURT SITTING AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] AT [ [ INSERT LOCATION ] DISTRICT REGISTRY ] ] Claim no. Parties AB – Claimant (1) C D – First Defendant (2) X Y INSURANCE PLC – Second Defendant PARTICULARS OF CLAIM Throughout the relevant period, the Claimant was the owner and driver of a [ insert description of vehicle ], [ insert registration ] (“the car”), whilst the First Defendant was driving a [ insert description of vehicle ], [ insert registration ] (“the van”). For all material times, the van benefited from a motor insurance policy issued by the Second Defendant (“the policy”). Consequently, the Claimant is entitled to, and does, pursue the Second...

IN THE [ INSERT NAME OF COURT ] Claim no. Parties AB Claimant and (1) C D First Defendant (2) MOTOR INSURERS’ BUREAU (acting through its agent X Y INSURANCE PLC) Second Defendants PARTICULARS OF CLAIM Throughout the material period, the First Defendant drove a vehicle [ insert description ], [ insert registration ] (“the vehicle”), whilst the Claimant was travelling as a passenger therein. The Second Defendant (the “ MIB”) is a company limited by guarantee within the Companies’ Acts. Under an Agreement with the Secretary of State dated 3 July 2015 (the “ Agreement”), MIB provides compensation, in specified circumstances, to persons who suffer injury or damage arising from the negligence of an uninsured motorist. The Claimant has taken all reasonable steps to identify the insurer and any liability in respect of the First Defendant and, as at the commencement of these...

[ ON THE HEADED NOTEPAPER OF CLAIMANT’ S SOLICITORS ] Our ref: [ insert your file reference for this matter ] FAO: [ INSERT RELEVANT NAME ] [ NAME OF DEFENDANT SURVEYOR ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert name ] [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] LETTER OF CLAIM [ We refer to our correspondence dated [ insert date of your preliminary notice of claim, if sent ]. That correspondence comprised a preliminary notice of claim issued pursuant to the Pre- Action Protocol for Professional Negligence, which required your acknowledgement by [ insert date ]. ] [ We note receipt of your letter dated [ insert date ] acknowledging the preliminary notice. [ However, we still require confirmation that your professional insurers have been notified of the circumstances surrounding our client’s claim against you. Please also...

[ ON THE HEADED NOTEPAPER OF CLAIMANT’ S SOLICITORS ] FAO [ [ APPROPRIATE DIRECTOR ] ] [ NAME OF DEFENDANT BROKER ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert organisation name ] [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] Preliminary notice of claim We act for and represent our client [ insert client’s name ]......

This Agreement is entered into on [ date ]. Parties [ Customer ], a company incorporated in [ England ] with registered number [ company number ], whose registered office is at [ address ] ( Customer); and [ Supplier ], a company incorporated in [ England ] with registered number [ company number ], whose registered office is at [ address ] ( Supplier). Each of the Customer and the Supplier is a party; together, the Supplier and the Customer are the parties. BACKGROUND The Customer intends to delegate to the Supplier the delivery and oversight of its [ describe function ] services. At present, the Customer’s needs are met [ internally OR by an associated company ] [ by insert name of existing supplier ]. The Supplier has expertise in designing, developing and deploying [ describe function ]...