Legal Precedents

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RISK & COMPLIANCE

Legal professional privilege (LPP) is a core legal protection that permits [ insert organisation’s name ] to resist producing evidence to a third party or the court. It enables the organisation to seek expert legal guidance, setting out all pertinent facts to our legal advisers without concern that they will later be revealed and used against us. This short guide sets out what legal professional privilege (LPP) is and how we can best preserve it. 1 What is legal professional privilege? LPP is an umbrella term covering: legal advice privilege (LAP) litigation privilege LPP safeguards the confidentiality of written and verbal communications between lawyers and clients. It is a fundamental entitlement, allowing a party to withhold material from disclosure to any third party or a court. Legal advice privilege Legal advice privilege applies to all confidential communications between a client and their lawyer made for the

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RISK & COMPLIANCE

Please click to access the Precedent. Please note this register has been created in Excel, and therefore it cannot be downloaded into Word. For detailed guidance on completing a legal risk register, see Practice Note: How to create a legal risk register. However, a concise summary is set out briefly below. What is a legal risk register? A legal risk register is a means of gathering and overseeing all legal risk information in a single location. To produce an effective and reliable register, you must first determine the legal risks your organisation encounters. Understanding your organisation’s risk appetite is also highly advantageous. The register then lets you classify each risk appropriately, assign a score to it, and choose mitigation measures and actions. Separate Precedents exist for a general risk register and for a privacy risk register-see Precedents: Risk register and Privacy risk

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BANKING & FINANCE

[ To be printed on the headed paper of the lender’s lawyers ] To: [ insert name and address of Lender ] [ insert date ] Dear [ insert name of Lender ] [ Matter name/reference ] We have served as English law counsel to [ insert name of lender ] (the Lender) in relation to the provision of finance to [ insert name of borrower, company number and registered office ] (the Borrower) comprising a [ term loan and revolving credit facility ] [ describe facilities ] of £[ insert amount ] (the Transaction), and to the negotiation, drafting, execution and completion of the documents specified in Schedule 1 (Documents examined), Paragraph 1 (Opinion Document) (the Opinion Document). We deliver this opinion letter to you, the Lender, pursuant to [ Schedule 2 ] (Conditions Precedent) of the facility agreement between the Lender and the Borrower dated [ insert date ]

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BANKING & FINANCE

[ Headed notepaper of law firm issuing the opinion ] [ insert name and address of Lender ] [ insert date ] Dear [ insert name of Lender ] Facility Agreement dated [ insert date ] made between [ insert name of lender ] (the Lender) and [ insert name of borrower ] (the Borrower) (the Facility Agreement) We refer to clause [ insert number of clause which requires delivery of legal opinion ] of the Facility Agreement, which requires the delivery of a legal opinion. This opinion is provided in satisfaction of that requirement. Unless expressly defined in this opinion, terms defined in the Facility Agreement carry the same meanings when used herein. This opinion is governed by English law and is subject to the exclusive jurisdiction of the courts of England. 1 Background 1.1 This opinion concerns the English law aspects of a transaction (the

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PRECEDENTS

Schedule of services— M& E Engineer ( Design and build procurement) The Consultant shall: General responsibilities ( Stages 0–7) Lead and co‑ordinate the Design Team, integrate discipline designs, chair design meetings, manage stage reports, and facilitate Client–team communications. Act as Principal Designer under CDM 2015 and the Building Regulations 2010, or liaise with the appointed Principal Designer to secure safe design practice. Receive Client/ Contractor instructions around novation, align deliverables with cost, prepare/review drawings and specifications, and maintain a deliverables schedule. Ensure full design co‑ordination, resolve carry‑over items each stage, advise on Client CDM duties, and collaborate with the BIM Manager. Pre‑novation ( Stages 0–4) Undertake site appraisals, risk and viability advice, desk studies, and surveys; develop the brief and responsibility matrix; support cost planning and BIM decisions. Formulate options, outline proposals and utilities strategies; define...

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PRECEDENTS

Schedule of services— M& E Engineer (traditional procurement) Schedule of services— M& E engineer (traditional procurement) The Consultant shall: General responsibilities ( Stages 0–7) Serve as Lead Consultant for the Project, which includes: advising on the scopes of services for other members of the Design Team advising on the requirement for additional specialist consultants to complete the Project, and defining their scopes of services directing the other consultants comprising the Design Team co-ordinating and integrating the design of the Project as a whole arranging and chairing regular design meetings to support delivery of the Project, ensuring minutes are taken and circulated afterwards facilitating...

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PRECEDENTS

The Architect shall: General responsibilities ( Stages 0–7) Lead Consultant: advise on scopes, guide specialists, integrate and co‑ordinate design, chair design meetings with minutes, manage Client– Design Team communication, collate stage reports. Act as or liaise with the Principal Designer under CDM 2015 and Building Regulations 2010; manage Client instructions; agree deliverables; design to budget; brief on duties; liaise with the BIM Manager. Stage 0: advise on risks, finance and feedback; visit site; assist with Design Team appointments; Stage 0 report. Stage 1: feasibility; arrange/collate surveys; develop the strategic brief into the Project Brief (sustainability, quality, spatial needs); set procurement, programme and PEP; align budget; Stage 1 report. Stage 2: concept and outline proposals aligned to cost plan and strategies; cost advice; compliance route and pre‑application planning; Stage 2 report. Stage 3: spatial co‑ordination; planning...

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PRECEDENTS

NOTICE FROM LANDLORD TO STOP TACIT RELOCATION OPERATING Our Ref: [ insert reference ] Your Ref: [ insert reference ] Date: [ insert date ] To: [ Insert name of addressee and addresses of all tenants ] Dear [ insert organisation or addressee name ], Premises: [ insert address of premises ]. Lease: the lease between [ Insert name of landlord ] and [ insert name(s) of tenant (s) ] dated [ date signed by landlord ] and [ date signed by tenant(s) ] [ which expires on [ insert date of expiry of lease ] OR expired on [ insert date of expiry of lease ] and has continued by tacit relocation, the anniversary being [ insert anniversary date ] ]. We act for [ insert name of landlord ] (the ‘ Landlord’), your landlord under the Lease. On the Landlord’s behalf, we give notice [ that the...

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PRECEDENTS

STANDARD SECURITY by [ INSERT THE GRANTOR’ S NAME ] in favour of [ INSERT GRANTEE’ S NAME ] Security Subjects: [ INSERT DETAILS OF PROPERTY ] 1 [ I OR We ], being [ insert name of Seller under Option Agreement ] [ of [ insert address ] OR incorporated in [ Scotland OR England and Wales ] with company registration number [ insert company registration number ] and registered office at [ insert address ] ] (the ‘ Grantor’), as the present heritable proprietors of the aftermentioned Security Subjects, ACKNOWLEDGING that [ I OR we ] have assumed certain obligations under the option agreement entered into between (1) [ me OR us ], the said Grantor, and (2) [ insert name of Buyer under Option Agreement ] [ of [ insert address ] OR incorporated in [ Scotland OR England and Wales ] with...

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PRECEDENTS

NOTICE FROM TENANT TO STOP TACIT RELOCATION OPERATING Our Reference : [ add reference ] Your Reference : [ add reference ] Date : [ enter date ] To : [ Provide name of recipient and address ] Dear [ enter organisation or recipient name ], Premises: [ enter address of premises ] more precisely described within the Lease Lease : The lease made between [ Enter the landlord’s name ] and [ enter name(s) of tenant(s) ] dated......

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PRECEDENTS

STOP PRESS: This document is presently being revised to incorporate implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025), which updates the UK GDPR and Data Protection Act 2018. For further guidance on DUAA 2025’s compliance consequences, refer to Practice Note: Data ( Use and Access) Act 2025—compliance implications......

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PRECEDENTS

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?—...

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PRECEDENTS

1 Assemble an incident management team Demonstrate a truly proactive stance by involving the right people from the start. Taking action early signals that you are actively managing the situation. As the nominated officer holds ultimate responsibility for any external reports, ensure they are brought in at the earliest opportunity, if that has not already happened. Notify the nominated officer, if this has not yet been done. Assess whether any additional (and/or external) support is required to manage the incident; this may not be necessary. Designate someone to lead the team—the nominated officer (if you have one) is typically best placed to take this role. 2 Contain the report Once concerns have been raised, keep the information as confidential as possible to avoid unintentionally committing a tipping-off offence under the Proceeds of Crime Act 2002 ( POCA 2002) or the Terrorism Act 2000 ( TA...

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PRECEDENTS

Deed of indemnity dated [ date ] Parties [ beneficiaries ] of [ addresses ] ( Beneficiaries) [ trustees ] of [ addresses ] ( Trustees) Background ( A) The Trustees act as trustees of a trust dated [ date ] between [ parties ] (the Trust). ( B) It is considered that [ detail breach of trust ] may amount to a breach of trust (the Breach of Trust), and the Beneficiaries agree to release and indemnify the Trustees against it. This Deed provides: The Beneficiaries, jointly and severally, covenant with the Trustees that they and their personal representatives will at all times keep the Trustees fully and effectively indemnified against all actions, proceedings, accounts, claims and demands arising in respect of the Breach of Trust. Executed as a deed by the parties on the date at the start of this deed. SIGNED AND DELIVERED AS A DEED by [...

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PRECEDENTS

Please review this privacy notice carefully, as it sets out important and relevant details about who we are, what personal data (information) we hold about you, the reasons and ways in which we collect, store and use it, how we may share that information with others, and your rights in relation to your personal information. Who we are [ [ Insert name of trustee company ] OR We ], acting as trustees of the [ insert name of the pension scheme ] (the Scheme), collect, use and are responsible for certain personal information about you. In doing so, we are regulated by the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018. For the purposes of those laws, we act as ‘controllers’ of that personal information. As controllers, we are required to provide you with the...

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PRECEDENTS

[ Insert name of organisation ] Data protection privacy notice We refer you to our separate letter advising that [ we are proposing to transfer our [ insert details ] business to [ insert name of transferee ] OR we are proposing to outsource our [ specify business function ] to [ insert name of transferee ] OR our contract for the provision of [ insert details ] services to [ insert name of client ] is coming to an end and, on its termination, those services will be performed by [ insert name of new contractor/client ] ]. This notice sets out which personal data (information) [ insert name of employer ] [ trading as [ insert trading name, if different ] ] (‘we’ or ‘ Company’) will handle and disclose to [ insert name of transferee ] in relation to the...

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PRECEDENTS

1 —pro-supplier 1.1 The Customer shall promptly advise the Supplier as soon as it becomes aware of any complaint or claim suggesting that any product provided by the Supplier could be defective, faulty, or unsafe in any respect. The Customer must provide the Supplier with: 1.1.1 a copy of the complaint or claim, together with all correspondence exchanged with the complainant or any third party; and 1.1.2 full particulars of the product supplied, including the batch and serial number (or other traceability marking), the date the Supplier supplied the product to the Customer, and the date the Customer supplied it to the complainant (or other third party). 1.2 The Customer must keep and preserve appropriate records for a minimum of ten years after the...

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PRECEDENTS

This policy sets out how the company uses free and open-source software ( FOSS), ensuring adherence to every software licence that governs its use. All employees must complete the actions described in this policy before commencing any work that involves a FOSS product or component. Typical scenarios where this policy is required include: Using FOSS to create, maintain, or otherwise administer software applications, systems, servers, or networks Including FOSS in proofs of concept, evaluations, pilot initiatives, or tools for network monitoring or debugging Employing FOSS to implement a material upgrade or modification to an existing vendor product Linking FOSS to the company’s network, or accessing FOSS from the company’s network Rolling out any major upgrade or new release of previously approved FOSS, or applying FOSS to a use case different from that previously approved Conducting due diligence on a prospective acquisition target (or an asset), or preparing for the sale of an...

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PRECEDENTS

This Agreement is entered into on [ insert date ] Parties [ insert name ], a company incorporated in [ England and Wales ] with registered number [ insert registered number ], whose registered office is at [ insert address ] ( Supplier); and [ insert name ], a company incorporated in [ England and Wales ] with registered number [ insert registered number ], whose registered office is at [ insert address ] ( MVNO). Each of the Supplier and the MVNO is a party and, together, the Supplier and the MVNO are the parties. Background The Supplier operates a mobile network within the Territory. The MVNO functions as a mobile virtual network operator in the Territory. The Supplier has agreed to supply wholesale mobile electronic communications services to the MVNO for onward sale [ on a pre-pay basis OR on a...

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PRECEDENTS

I, [ beneficiary ], confirm that today I received from [ names of trustees ] the trustees of [ insert name of trust ]...

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PRECEDENTS

[ To be printed on the employer’s headed paper ] [ Insert date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) [ Further to our meeting [ today OR on [ insert date ] ], ] I write to confirm that you are invited to attend an investigatory meeting on [ insert date ] at [ insert location ] at [ insert time ]. This meeting has been scheduled as we are conducting internal enquiries into certain allegations concerning your conduct in the workplace......

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PRECEDENTS

AGREEMENT relating to liabilities arising from an agreement made under section 106 of the Town and Country Planning Act 1990 [ and [ insert other legislation ] ] in relation to the development at [ insert address ] This Agreement is dated [ insert date ]. Parties [ insert name ] of [ insert address ] ( [ ‘ Landowner ’ OR ‘ Transferor ’ ] ); [ insert name ] of [ insert address ] ( [ ‘ Developer ’ OR ‘ Occupier ’ OR ‘ Transferee ’ ] ). Background [ Set out ownership particulars for the Land ]. On [ insert date of Original Agreement ], [ describe the local planning authority ], the [ Landowner OR Transferor ] and [ list the parties to the original section 106 agreement ] entered into the Original...

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PRECEDENTS

Addressed to: [ insert full name of tenant ] of [ insert address ] (the ‘ Tenant’) [ and [ insert full name of recognised tenant’s association ] of [ insert address ] (the ‘ RTA’) ] Issued by: [ insert full name of landlord ], being the [ freehold OR long leasehold ] proprietor of the building known as [ insert address ] (the ‘ Landlord’) [ For qualifying works RE: NOTICE OF INTENTION (the ‘ Notice of Intention’) TO CARRY OUT QUALIFYING WORKS DATED [ ......

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PRECEDENTS

TO: [ insert full name of tenant ] of [ insert address ] (the ‘ Tenant’) [ together with [ insert full name of recognised tenant’s association ] of [ insert address ] (the ‘ RTA’) ] FROM: [ insert full name of landlord ], being the [ freehold OR long leasehold ] proprietor of the building known as [ insert address ] (the ‘ Landlord’) RE: NOTICE OF INTENTION DATED [ DATE OF NOTICE OF INTENTION ] (the ‘ Notice of Intention’) [ THE LANDLORD, OR WE [ NAME OF SOLICITORS OR AGENTS ], ACTING AS [ SOLICITORS AND] DULY AUTHORISED AGENTS FOR AND ON BEHALF OF THE LANDLORD, ] HEREBY GIVE[ S] NOTICE IN THE FOLLOWING TERMS: The relevant period stated in the Notice of Intention ended on [ insert date ]......

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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

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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...

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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 ...

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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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