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
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
[ 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 ]
[ 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
Sub-contract agreement [ Name of main contractor ] (the Main Contractor), Company No.: [ insert Main Contractor’s company number ] [ Address of Main Contractor’s registered office ] Sub- Contract Ref.: [ insert sub-contract number ] Dated: [ insert date ] This Sub- Contract is issued subject to the terms and conditions detailed below......
[ ON THE HEADED NOTEPAPER OF CLAIMANT’ S SOLICITORS ] [ Name of defendant or defendant’s solicitor, if known ] [ Address ] [ Date ] Dear [ insert contact name ] [ Insert names of parties and project, and any relevant references ] [ As you will be aware, we OR We ] act for [ client ] [ regarding its claim against your client, [ insert name ], concerning [ brief description of dispute ] ]. [ We draw attention to our earlier correspondence, particularly our letter dated [ date ], about this matter, to which we have received no [ satisfactory ] reply. ] This letter of claim is issued in line with the Pre- Action Protocol for Construction and Engineering Disputes (the Protocol), a copy of which is enclosed for your convenience. Disregarding this letter and failing to follow the Protocol may...
Suggested action This guide is designed to prepare [ insert organisation’s name ]’s crisis management team to handle media enquiries in a crisis scenario. You should also refer to our [ insert, eg Crisis management plan and action list ]. Work on the basis that any written records you create are not confidential or privileged... Guidance Nominate a single point of contact for press enquiries. Preferably one person, or a closely coordinated team, to keep messaging consistent. This could be [ insert organisation’s name ]’s internal or external press officer. If not, appoint someone sufficiently senior and well equipped to deal with journalists. Avoid involving too many people in the issue; a smaller group prevents overload and allows every-day business to continue, while giving a person or compact team clear ownership of the exercise. Assess the media risk....
Please be aware that the details within these tables are confidential and must be treated accordingly. 1 Internal crisis management team The table beneath identifies people who will, or might, form part of an internal crisis management team. Ensure the eventual line-up is customised to the specific incident, remains proportionate, and refrain from overstaffing the team. Operating on a need-to-know footing is advisable, both for confidentiality and to preserve legal professional privilege. Accordingly, those shown in square brackets are optional, contingent on the circumstances of the crisis......
1 Assemble crisis management team Bring together a crisis management team and nominate a leader. Complete or update the Crisis management team sheet. Person responsible: [ Insert name of person responsible ] Status and comments: Work on the basis that any notes you produce are not confidential or privileged. 2 Preliminary, high-level assessment and reflection Pause to grasp what has occurred and consider worst-case consequences. Take a short period to reflect and brainstorm. Do not spend excessive time, yet give yourself room to think. Assume any written records are neither confidential nor privileged. Early priorities are to determine: what has already taken place; what further developments might arise that could make matters worse, especially those you can prevent, manage, or limit. Person responsible: [ Insert name of person responsible ] Status and comments: [ Describe status of this action point and insert any other...
Person responsible for the crisis management plan [ Name and contact information of the senior individual within the organisation who periodically, from time to time, reviews the crisis management plan and reports on its operation to the Board ] Plan Review Date [ Date of the next plan review ] 1 What is a crisis and when does this plan apply? 1.1 There is no officially recognised and accepted definition of a crisis......
How to use this test These questions are intended to assess your understanding following attendance at training on anti‑money laundering, counter‑terrorist financing and counter‑proliferation financing. When you have completed this test, kindly return it to [ insert name ]. General Name of person completing test [ Insert name ] Role [ Insert role ] Date [ Insert date ] Please circle the correct answer. The law and red flags Please circle the correct answer. Question Multiple choice answers What is money laundering? (a) The method by which criminal proceeds, their true source and ownership are concealed so the funds appear legitimate (b) Requesting or accepting a bribe (c) Employees removing money from customer accounts and using it to fund crime What is terrorist financing? (a) Terrorising customers by demanding money (b) Providing or collecting funds from lawful or unlawful sources for terrorist acts (c) Providing or collecting funds from unlawful sources for terrorist acts What are red flags? (a) Warning signs of money...
The law and red flags Circle the correct answer. Question Multiple choice answers What is money laundering? (a) The method by which criminal proceeds, their real source and ownership are altered to make those funds seem lawful What is terrorist financing? (b) Supplying or raising money from lawful or unlawful sources to support terrorist activities What are red flags? (a) Indicators that suggest money laundering, terrorist funding, and proliferation financing How do you need to act when looking out for red flags and other signs of money laundering, terrorist financing and proliferation financing? (c) As a prudent person would, with comparable qualifications, knowledge and experience to yours Failure to disclose can result in what penalty? (c) Up to five years’ custody, a financial penalty, or a combination of both What can be a defence to the offence of failure to disclose? (c) Submitting a SAR to the nominated...
[ 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......
Claim Number: HQ [ insert number ] IN THE HIGH COURT OF JUSTICE KING’ S BENCH DIVISION ROYAL COURTS OF JUSTICE MEDIA AND COMMUNICATIONS LIST Parties: (1) [ Insert full name of first claimant ] (2) [ Insert full name of second claimant ] [ Claimant OR Claimants ] against [ Insert full name of defendant ] Defendant Particulars of Claim The [ Claimant OR Claimants ] At all material times, the [ First ] Claimant has held the role of [ role or nature of work of the First Claimant ]. [ In addition, the First Claimant serves as [ office or post ] of the Second Claimant [ if the second claimant is a corporation ] ]. [ The Second Claimant was formed on [ date ] and conducts business as [ set out the nature of the second claimant’s business or services ]. ] The...
The purpose of the claim form The claim form commences proceedings. It sets out the key information for the case, including the court reference to be used on all subsequent court documents, the identities of the parties, the relief sought, the particulars of claim (including any claim for interest), and the claimant’s contact details (typically the claimant’s solicitor). General guidance on the content of a claim form is available in the Practice Note: Claim form—the contents. This Precedent offers a template with suggested wording for use in a defamation claim. It is intended to assist with the particular issues to consider when completing a claim form for such proceedings. The claim form forms part of a suite of Precedents and should be read alongside: Particulars of claim (defamation) Defence (defamation) Reply (defamation) Final Order (defamation) In particular, it should be considered with the Precedent: Particulars of claim...
Claim No.: HQ [ insert claim number ] IN THE HIGH COURT OF JUSTICE KING’ S BENCH DIVISION ROYAL COURTS OF JUSTICE MEDIA AND COMMUNICATIONS LIST PARTIES: (1) [ Insert full name of claimant/first claimant ] (2) [ [ Insert full name of second claimant ] ] [ Claimant OR Claimants ] and [ Insert full name of defendant ] Defendant REPLY Save for the admissions contained within it and any averments expressly accepted below, the [ Claimant joins OR Claimants join ] issue with the Defendant upon his Defence. References to paragraphs are to the Defence. The [ Claimant denies OR Claimants deny ] that the words complained of, in the meanings alleged at paragraph 8.1 of the Defence, are true. Without limiting the breadth of that denial as regards the particulars of truth advanced in support of those imputations, the [ Claimant pleads OR Claimants plead ] as follows: ...
Claim No.: HQ [ insert claim number ] IN THE HIGH COURT OF JUSTICE KING' S BENCH DIVISION ROYAL COURTS OF JUSTICE MEDIA AND COMMUNICATIONS LIST Parties: (1) [ Insert full name of claimant/first claimant ] (2) [ [ Insert full name of second claimant ] ] [ Claimant OR Claimants ] and [ Insert full name of defendant ] Defendant DEFENCE The Defendant admits paragraph 1 of the Particulars of Claim. It is asserted that [ add facts and matters about the claimant(s) relevant to defence ] Paragraphs 2 and 3 are accepted. The Defendant accepts having published an article called '[ insert title of article or heading or description of publication ]' on [ insert date ] at [ insert URL of website in cases of publication online ], which contained the words complained of as identified at paragraph 7 of the...
Claim No.: HQ [ insert claim number ] IN THE HIGH COURT OF JUSTICEKING’ S BENCH DIVISIONROYAL COURTS OF JUSTICEMEDIA AND COMMUNICATIONS LIST THE HONOURABLE JUDGE [ insert name of judge ][ Insert date(s) of hearings ] Parties: (1) [ Insert full name of claimant/first claimant ] (2) [ [ Insert full name of second claimant ] ] [ Claimant OR Claimants ] and [ Insert full name of defendant ] Defendant ORDER UPON the trial of this Claim having taken place on [ dates ] AND UPON HEARING [ insert name ] of Counsel for the [ Claimant OR Claimants ], and [ insert name ] of Counsel for the Defendant(s), including at the hearing addressing matters that were consequential to......
1 Introduction 1.1 This document sits alongside, and forms part of, [ insert organisation’s name ]’s Records management policy. It specifies and outlines the periods for which various categories of business records (as defined within the Records management policy) should be kept to meet operational and legal needs and obligations. [ You need not read the full retention schedule; instead, concentrate on the record categories relevant to your duties. ] 1.2 The schedule’s retention periods reflect operational needs and legal obligations, including our duty under data protection law not to retain personal data for longer than is necessary. When a retention period comes to an end, the data or record should be reviewed and, if no longer required, destroyed. 1.3 If you hold any records not described in this schedule, and it is not apparent from the existing...
date [ date ] Parties [ name of Seller ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] [ and whose address for service in England and Wales is [ address ] ] ( Seller ) [ name of Buyer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] [ and whose address for service in England and Wales is [ address ] ] ( Buyer ) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] [ and whose address for service in England and Wales is [ address ] ] (...
This Agreement is entered into on [ insert day and month ] 20[ insert year ] Parties [ insert name of seller ] [ of [ insert address ] OR trading as [ insert trading name ] of [ insert address ] OR a firm whose principal place of business is [ insert address of firm ] OR [ an LLP OR a company ] incorporated in [ insert place of incorporation, eg England and Wales ] with registered number [ insert registered number ] whose registered office is at [ insert address ] ] (the Seller), [ insert company name ], a company incorporated in England and Wales with registered number [ insert company number ], whose registered office is at [ insert address ] (the Company). Recitals The Company has share capital of [ insert amount ], divided into [ insert...
HM Revenue and Customs [ Insert HMRC address ] [ insert date ] Dear [ insert organisation/department name ] We hereby give notice of a joint nomination that the property listed be deemed the main residence of [ insert individual beneficiary’s name ] with effect from [ insert date ] for principal private residence relief under Sections 222–226 TCGA 1992: [ Insert full address of beneficiary’s principal residence ] The property is held on trust and registered in the trustees’ names, as trustees of the [ insert name of trust ]. Under the [ insert name of trust ], [ insert individual beneficiary’s name ] has a right of occupation. This nomination is made within two years of [ insert individual beneficiary’s name ]’s residence mix changing, the latest change being [ insert text ]. [ This nomination replaces the prior nomination made on [ insert date of the most recent...
This Deed is made on [ insert date ]. Parties [ Insert name of company ] with company number [ insert company number ], whose registered office is at [ insert address ] (the Company). [ Insert name of participant ] of [ insert address ] (the Participant). Background and interpretation The Company has set up the [ insert name of plan ] (the Plan). The Participant is an Eligible Employee, and the Company intends to grant an Award to the Participant under the Plan. Expressions defined in the rules of the Plan (the Rules) (but not defined in this Deed) carry the same meanings in this agreement unless the context dictates otherwise. This agreement is executed as a Deed. This agreement is SUPPLEMENTAL to the Rules. If there is any ambiguity or...
Thank you for making the time to meet with us. As you know, we are carrying out an enquiry on behalf of [ insert organisation's name ] into matters connected to [ use general terms to describe the issues ]. We consider that you could improve our understanding further of events by sharing relevant details that will support the enquiry......
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 ]...