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

STOP PRESS: This document is currently being revised to reflect commencement of the Data ( Use and Access) Act 2025 ( DUAA 2025), which modifies UK GDPR and the Data Protection Act 2018. For further guidance on DUAA 2025 compliance impacts, please see Practice Note: Data ( Use and Access) Act 2025—compliance implications......

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PRECEDENTS

This Deed of Partition is dated [ date ] Parties 1 [ life tenant ] of [ address ] (the Life Tenant ) 2 [ remainderman ] of [ address ] (the Remainderman ) and 3 [ trustee ] of [ address ] and [ trustee ] of [ address ] (the Trustees ) Background ( A) This Deed is supplemental to a trust dated [ date ] and made between [ parties ] (the Trust ). ( B) Under the Trust [ and in the events that have occurred ] the Trustees hold the Trust Fund on trust to pay its income to the Life Tenant during their lifetime and, subject to that, on trust as to both capital and income for the Remainderman absolutely. ( C) The Trust Fund comprises the investments and capital cash described in Part A of the Schedule......

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PRECEDENTS

Note: This Practice Note supplies focused guidance for proceedings in the Technology and Construction Court ( TCC) operating under CPR 60, CPR PD 60 and the TCC Guide. As these provisions supplement the general rules found elsewhere in the CPR, this Practice Note ought to be read alongside general guidance on preparing for, and attending, trial, including Trial—overview, which, in turn, signposts detailed guidance addressing particular aspects of preparation for and attendance at trials and associated matters concerning the relevant conduct of trials at all stages Shorter and flexible trials schemes—claims issued on or after 1 October 2015 in the TCC may qualify for, and/or be governed by, one or both schemes under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For further details on these schemes, consult Practice Notes: Business and Property...

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PRECEDENTS

On [ date ], this Deed of Appointment is now entered into by [ trustee ] of [ address ] together with [ trustee ] of [ address ] (the Trustees). Background This instrument is supplemental to a trust dated [ date ] and made and established between [ parties ] (the Trust). The Trustees are the current trustees of the Trust. The property now subject to the Trust is set out in the Schedule. The Trustees intend to exercise the power of appointment conferred on them by clause [ number ] of the Trust. In this Deed, the term Trust Period bears the same meaning as in the Trust......

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PRECEDENTS

Delete clause 3.6 of Precedent: Consultancy agreement—company and individual—pro-client and replace it with the following clauses 3.6 and 3.7: 3.6 How you organise your work is for you alone to determine, and you shall perform your duties as data protection officer ( DPO) (as described in the Schedule) in an independent and self-directed manner at all times. You will not be given (and the Company [ and its Group Companies ] will not attempt to give you) any directions or instructions whatsoever concerning the performance or exercise of those duties. 3.7 Subject to clause 3.6, you shall give proper consideration to the reasonable requests of the [ Board OR Chief Executive ] from time to time and, where reasonably practicable, as appropriate, properly work and co-operate with any employee, worker, agent or other consultant of the Company [ or any Group Company ] in the...

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PRECEDENTS

without prejudice and subject to contract The proposed [ Compensation OR Termination ] payment could attract tax deductions. This note explains the Employer’s approach to the tax and National Insurance contributions ( NICs) treatment to be applied to the proposed [ Compensation OR Termination ] Payment and any other payments outlined in the draft Settlement Agreement. Capitalised terms carry the same meanings as in the draft Settlement Agreement. HMRC will ultimately determine the tax and NICs payable. Accordingly, the Employer gives no warranty and makes no representation regarding any matters set out herein. Errors and omissions are likewise excepted. You should obtain your own independent advice regarding your tax position. The legislative framework governing the taxation of termination payments includes the concept of ‘post-employment notice pay’ ( PENP), which impacts the favourable tax treatment potentially available to termination payments (commonly referred to as the...

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PRECEDENTS

Introduction Prepare the claim form and particulars using Form LT503A. Landlords seeking an order for a fresh tenancy to be granted to the tenant must do so on Form LT503A. These drafting notes are intended solely to accompany Form LT503A. Relevant Precedents For other relevant Precedents, see: Directions—unopposed LTA 1954 business lease renewal Acknowledgement of service by tenant in unopposed claim by landlord for new tenancy Acknowledgement of service by landlord in unopposed claim by tenant for new tenancy General points Use these notes to help you complete Form LT503A, the claim form used when a landlord of commercial premises asks the court to grant the tenant a renewal lease. The Part 8 route applies; refer to the Practice Note on CPR Part 8 claims (the alternative procedure). Evidence is not required on issue unless directed by the court. You may start the claim at any County Court hearing centre;...

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PRECEDENTS

Note: This Precedent offers targeted direction and practical pointers for proceedings in the Technology and Construction Court ( TCC) under CPR 60, CPR PD 60 and the TCC Guide. Because these requirements are additional to the CPR’s general rules, you should read this Practice Note alongside wider guidance on preparing for and attending trial, including the Trial—overview, which, in turn, signposts comprehensive materials covering specific aspects of preparation for, and attendance at, trials Shorter and flexible trials schemes— TCC claims issued on or after 1 October 2015 may qualify for and/or be governed by one or both of the permanent regimes now operating under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For further details about these schemes, consult the Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property...

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PRECEDENTS

1: Opening statement from senior management [ Name of organisation ] is dedicated to preventing modern slavery and human trafficking within its operations and supply chain, and applies the same exacting standards to itself and its partners. [ Insert high-level statement from person in senior management regarding the organisation's commitment to ensuring there is no slavery or trafficking within its supply chain and the effectiveness of any actions taken and/or any further actions to be taken. For example: [ Name of organisation ] adopts a zero tolerance stance on slavery and human trafficking, and we expect our supply chains to uphold the same approach. We are committed to establishing and maintaining robust systems and controls to tackle the risks of modern slavery within our business and across all commercial relationships, especially within our supply chains. Through our participation in [ insert details ], we also work with...

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PRECEDENTS

1 Definitions Modern Slavery Policy: refers to the Employer’s anti-slavery and human trafficking policy as detailed in Schedule [ insert ], as updated from time to time by the Employer and communicated to the Contractor; 2 Modern slavery 2.1 The Contractor agrees, guarantees and states that: none of the Contractor, nor its officers, employees, agents or sub-contractors: has committed an offence under the Modern Slavery Act 2015 (an MSA Offence); or has been notified that it is the subject of any investigation or prosecution under the Modern Slavery Act 2015 concerning an alleged MSA Offence; or is aware of any situation within its supply chain that could lead to an investigation into, or prosecution for, an alleged MSA Offence under the Modern Slavery Act 2015; ...

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PRECEDENTS

Date: [ insert date ] From [ insert name ], [ insert job title ] I am writing to remind you about the UK’s data protection legislation—most notably the General Data Protection Regulation ( GDPR). What is the UK GDPR? Brought into force across the EU in 2018, the GDPR refreshed privacy legislation to keep pace with constantly evolving technology and data realities. It marked the most significant reform of data protection law in twenty years......

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PRECEDENTS

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...

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PRECEDENTS

STOP PRESS: This document is being revised to account for implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025), which amends the UK GDPR and the Data Protection Act 2018. For further guidance on DUAA 2025 compliance impacts, see Practice Note: Data ( Use and Access) Act 2025—compliance implications......

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PRECEDENTS

STOP PRESS: This document is currently being revised to take account of the implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025), which modifies the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance implications of DUAA 2025, please see Practice Note: Data ( Use and Access) Act 2025—compliance implications. [ insert name of individual making request ] [ insert address of individual making request ] [ insert date of this response ] Dear [ insert name of individual making request ] I write in reply to your request dated [ insert date of request ], which reached us on [ insert date ]. You have requested [ confirm precisely what was requested, eg ‘electronic copies of any personal data we hold about you’ ]. We have undertaken a reasonable and...

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PRECEDENTS

This Agreement takes effect on [ date ]. Parties 1 [ Insert name of supplier ], a company registered in [ England and Wales ] with company number [ insert registered number ] and having its registered office at [ insert address ] ( Supplier ); and 2 [ Insert name of customer ], a company registered in [ England and Wales ] with company number [ insert registered number ] and having its registered office at [ insert address ] ( Customer ). Each of the Supplier and the Customer is a party and, collectively, the Supplier and the Customer are the parties. Background ( A) The Supplier is a proficient and experienced provider of data processing services, encompassing [ insert description of relevant services ]. ( B) The Customer is [ insert description of the Customer and its business ]. ( C) The...

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PRECEDENTS

Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] ] [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] Between [ insert name ] Claimant and [ insert name ] Defendant [ Draft ] particulars of claim At all relevant times: The Claimant both was and remains [ insert description of the Claimant and their business (where appropriate) ]. The Defendant both was and remains [ insert description of the Defendant and their business (where appropriate) ]. ......

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PRECEDENTS

Claim Number [ INSERT ] In the High Court of Justice, [ SPECIFY DIVISION ], [ INSERT LOCATION ] District Registry Parties: [ Insert name ] ( Claimant) – and – [ Insert name ] ( Defendant) PARTICULARS OF CLAIM Note: This template concerns statutory obligations for construction incidents arising on or after 6 April 2015. At all relevant times the Claimant was employed by the Defendant in the position of Painting Supervisor. On or about [ insert date ], whilst undertaking his routine duties for the Defendant, he was instructed to inspect a newly constructed platform module at [ insert location ]. As the Claimant proceeded along the platform, and without prior warning, he stepped where grating was missing and fell. He dropped through the opening to the level below on the platform, striking his head and body......

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PRECEDENTS

This Agreement is entered into on [ date ] Parties [ insert name of supplier ] [ of OR trading as [ insert trading name ] of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Supplier); [ insert name of customer ] [ of OR trading as [ insert trading name ] of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Customer), (each of the Supplier and the Customer is a party and, together, the Supplier and the Customer constitute the parties) Background ( A) The Supplier carries on the business of providing [ insert description ] to other...

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PRECEDENTS

This Agreement This Agreement is entered into on [ date ] Parties [ insert name of supplier ] [ of OR trading as [ insert trading name ] of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at [ insert address ] ( Supplier) ] [ insert name of customer ] [ of OR trading as [ insert trading name ] of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at [ insert address ] ( Customer) ] Each of the Supplier and the Customer is a party, and together the Supplier and the Customer are the parties. Background The Supplier operates a business supplying [ insert description ] to other businesses. The Customer operates the...

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Popular documents

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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