Legal Precedents

[ insert name and address of sender ] ( We) Our reference: [ insert reference ] Your reference: [ insert reference ] [ insert address of recipient ] ( You) 1 In this letter, the following terms have the following meanings: 1.1 Affiliate refers to any entity that, directly or indirectly, Controls, is Controlled by, or is under shared Control with, another entity; 1.2 Authorised Persons denotes the officers and directors, members and partners, employees, consultants, sub-contractors, agents, representatives, or professional advisers of a party and/or its Affiliate(s); 1.3 Confidential Information means all information of a confidential nature that either we or you hold or obtain from the other (whether directly or indirectly), including the other’s know-how, trade secrets, plans, developments, financial, commercial, technical, tactical, strategic, marketing, operations, customer or product information, personnel information, any information marked as or agreed to be...

This Agreement is entered into on [ date ] Parties [ insert name of party ] [ of [ insert details ] OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] ] ( Party A ); [ insert name of party ] [ of [ insert details ] OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] ] ( Party B ), each of Party A and Party B being a party and together they are the parties......

This Agreement is dated [ insert date ] Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Assignor) [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Assignee) Each of the Assignor and the Assignee is a party; together they are the parties. Background The Assignor owns the copyright and database rights in the Database. The Assignee is [ insert description of the Assignee’s background/background to assignment or relevant transaction ]. The Assignor agrees to assign all such copyright and database rights and to migrate the contents of the Database to the Assignee, and the Assignee agrees to accept that...

This Agreement is entered into on [ insert date ] Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Assignor); and [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Assignee) Each of the Assignor and the Assignee is a party and, collectively, the Assignor and the Assignee are the parties. BACKGROUND The Assignor holds all Intellectual Property Rights in the Database. The Assignor acts as Controller of the Personal Data contained in the Database and the Data Protection Documentation. The Assignee is [ insert description of the...

These training resources present an introduction to execution, setting out the principal aspects of completing simple contracts and deeds, plus the key considerations that apply when executing such documents, in the context of the typical work undertaken by commercial contracts lawyers. They comprise template Power Point slides with accompanying notes for a trainer to use when explaining the law on execution of deeds and contracts in practice. Topics covered include: identifying deeds versus simple contracts execution formalities for common entities practical challenges in company execution witnessing requirements counterparts electronic signatures The training materials are customisable. Click the link below to download the Power Point presentation......

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant REPLY 1 Save where stated otherwise, paragraph number references in this Reply refer solely to those within the Defence......

Case No. [ insert number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant DEFENCE Unless stated otherwise in this Defence: references to paragraph numbers are to those in the Particulars of Claim; defined expressions carry the meanings given in the Particulars of Claim, without admission; and save where expressly admitted or not admitted below, the Defendant denies each allegation in the Particulars of Claim. Any matter not specifically addressed herein is required to be strictly proved. Any document mentioned in this Defence is to be read at trial for its full...

Case No. [ insert number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] Between[ insert full name of claimant ] ( Claimant)and[ insert full name of defendant ] ( Defendant) PARTICULARS OF CLAIM The Claimant The Claimant is, and throughout all relevant periods has been, [ insert details of claimant ]. The Claimant’s core business activity is [ insert type of business carried out ]. In particular, the Claimant [ insert brief description of claimant’s business relating to the database ]. The Claimant’s Database The database comprises a compilation of discrete [ works, data or other materials ], organised in a systematic or methodical manner and with items individually accessible by [ electronic or other means ]. The database contains information relating to [ insert details of relevant...

The purpose of the claim form A claim form is a species of statement of case, and it is the document used to start proceedings. It sets out information relevant to the proceedings, including the following details to guide the court and parties: the court reference number to be used on all subsequent court documents; the parties to the proceedings, identifying claimant and defendant; what is being claimed, that is, the relief sought; particulars of the claim (including any claim for interest); and contact details for the claimant, generally the claimant’s solicitor. The procedural rules on how and where to begin proceedings are contained in CPR Part 7. Broader guidance on the contents of a claim form is available in the Practice Note: Claim form—the contents. This Precedent provides a downloadable Word document containing suggested text for use in relation to a...

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] Before: Date: BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant ORDER UPON the hearing of Claim [ insert claim number ], tried before [ Mr OR Mrs OR Miss OR [ insert other ] ] Justice [ insert name ] on [ insert trial date ]; AND UPON the Court having heard [ insert name ], Counsel for the Claimant(s), and [ insert name ], Counsel for the Defendant(s); AND UPON the Court handing down judgment on [ insert date ]; AND UPON the Court determining the Claimant’s claims for infringement of database right in the Claimant’s favour; [ AND UPON the Court rejecting the Defendant’s counterclaim for [ insert details of...

[ DRAFT] SETTLEMENT AGREEMENT—pre-action settlement [ WITHOUT PREJUDICE AND SUBJECT TO CONTRACT [ SUBJECT TO SIGNATURE BY PARTIES AND/ OR SUBJECT TO COURT APPROVAL ] ][ CONFIDENTIAL] This Agreement is entered into on the day of 20[ insert year ] Parties [ insert name of party ], a company incorporated in England and Wales (company number [ insert company number ]), with its registered office at [ insert address ] (‘ Party A’) [ and ] [ ; ] [ insert name of party ], a company incorporated in England and Wales (company number [ insert company number ]), with its registered office at [ insert address ] (‘ Party B’). together, the ‘ Parties’ Whereas [ Set out the context of the dispute; for instance, if it relates to a contract, identify the contract’s purpose and date, and provide a summary of the...

[ DRAFT ] SETTLEMENT AGREEMENT (for settling disputes post-commencement of proceedings) [ WITHOUT PREJUDICE AND SUBJECT TO CONTRACT [ SUBJECT TO SIGNATURE BY PARTIES AND/ OR SUBJECT TO COURT APPROVAL ] ][ CONFIDENTIAL] This Agreement is entered into on the day of 20[ insert year ] Parties: [ insert name of party ], a company incorporated in England and Wales (company number [ insert company number ]), with its registered office at [ insert address ] (‘ Party A’) [ and ] [ ; ] [ insert name of party ], a company incorporated in England and Wales (company number [ insert company number ]), with its registered office at [ insert address ] (‘ Party B’). together, the ‘ Parties’ Whereas On [ insert date ], [ insert name of claimant ] issued court proceedings in the [ insert level of court, eg, High Court of...

This Agreement is dated [ insert date ]. Parties [ Insert name of first co-owner of patent ] [ ( Company Number [ insert number ]) ] [ whose [ registered office OR principal place of business ] is at [ insert address ] OR whose address for service within the jurisdiction of the courts of England and Wales is [ insert address ] ] ( Party A); and [ Insert name of second co-owner of patent ] [ ( Company Number [ insert number ]) ] [ whose [ registered office OR principal place of business ] is at [ insert address ] OR whose address for service within the jurisdiction of the courts of England and Wales is [ address ] ] ( Party B). Each being a Party and, where the context requires, together the...

This Agreement is made on [ insert date ] Parties [ insert name ] [ of OR a company incorporated in [ insert jurisdiction, eg England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Licensor ); and [ insert name ] [ of OR a company incorporated in [ insert jurisdiction, eg England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Licensee ), each of the Licensor and the Licensee being a party, and together the Licensor and the Licensee are the parties. Background The Licensor is the [ proprietor of OR applicant in respect of ] the Licensed Patents and holds the Licensed Know- How. The Licensor intends to grant a licence to the Licensee to exploit the Licensed Patents and the...

This Agreement is made on [ insert date ] Parties [ insert name ] [ of OR a company incorporated in [ insert jurisdiction, eg England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Licensor) [ insert name ] [ of OR a company incorporated in [ insert jurisdiction, eg England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Licensee) Each of the Licensor and the Licensee constitutes a party, and together the Licensor and the Licensee are the parties. Background The Licensor is the [ owner of OR applicant for ] the Licensed Patents and holds the Licensed Know- How. The Licensor intends to grant the Licensee a licence to exploit the Licensed Patents and the...

This Agreement is entered into on [ date ] Parties [ insert name of Party A ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], with its registered office at OR [ insert address ] ] ( Party A); and [ insert name of Party B ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], with its registered office at OR [ insert address ] ] ( Party B), (each of Party A and Party B being a party and, together, Party A and Party B constitute the parties). Background Party A conducts the business of [ insert description of Party A’s business ]. Party B conducts the business of [ insert description of Party B’s business ]. Party A and Party B have agreed to [ insert...

This Agreement is dated [ insert date ]. Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], with its registered office at ] [ insert address ] ( Assignor ); and [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], with its registered office at ] [ insert address ] ( Assignee ) ( Each of the Assignor and the Assignee is a party and, together, the Assignor and the Assignee are the parties.) Background The Assignor holds the copyright and database rights in the Database. The Assignee is [ insert description of the Assignee’s background/background to assignment or relevant transaction ]. The Assignor agrees to assign all such copyright and...

This Agreement is entered into on [ insert date ] Parties [ insert name ], a company incorporated in England and Wales, with registered number [ insert company number ], whose registered office is at [ insert address ] ( Licensor); [ insert name ], a company incorporated in England and Wales, with registered number [ insert company number ], whose registered office is at [ insert address ] ( Licensee) Each of the Licensor and the Licensee is a party and, together, the Licensor and the Licensee are the parties. Background The Licensor is the owner of certain trade marks [ , copyright ] [ and designs ] relating to [ insert character name ], the renowned fictional character[s] as featured in [ insert details of relevant film, cartoon, comic book, computer game etc ]. The Licensee is [ insert...

This Agreement is entered into on [ date ] Parties [ insert name ], a company incorporated in England and Wales, with registered number [ insert company number ] and registered office at [ insert address ] ( Licensor ); [ insert name ], a company incorporated in England and Wales, with registered number [ insert company number ], and registered office at [ insert address ] ( Licensee ) ( Each of the Licensor and the Licensee is a party and, collectively, the Licensor and the Licensee are the parties.) Background The Licensor is the [ registered ] owner of certain trade marks [ , copyright ] [ and designs ] concerning [ insert character name ], the well-known fictional character[ s ] as appearing in [ insert details of relevant film, cartoon, comic book, computer game etc ]. The...

This Agreement is dated [ insert date ] Parties [ insert licensor name ], [ of OR a [ company OR partnership OR limited liability partnership ] [ incorporated OR constituted ] in [ insert jurisdiction, eg England and Wales ], registered number [ insert company or LLP number ], with [ registered office OR principal place of business ] at [ insert address ] ( Licensor); and [ insert licensee name ], [ of OR a [ company OR partnership OR limited liability partnership ] [ incorporated OR constituted ] in [ insert jurisdiction, eg England and Wales ], registered number [ insert company or LLP number ], with [ registered office OR principal place of business ] at [ insert address ] ( Licensee) Each of the Licensor and the Licensee is a party; together, the Licensor and the Licensee are the...