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
Precedent sample privilege log Click to access the Precedent sample privilege log. Please note this register was created in Excel, so it cannot be exported to Word. This Precedent sample privilege log is suitable when an organisation runs an internal investigation. It helps you catalogue documents covered by legal professional privilege, indicate whether they are redacted or fully withheld, and state the rationale. Use it to note whether access is limited by redaction or complete withholding, together with the underlying justification. It is equally applicable where an organisation faces an external investigation. Legal professional privilege ( LPP) shields documents from disclosure to third parties, including government agencies, regulators and claimants in civil proceedings. There are two categories of LPP: legal advice privilege litigation privilege See Practice Note: Internal investigations and legal professional privilege— Types of legal professional privilege......
Lease: The lease relating to the Property, dated [ insert the date in its full format DD- Month- Year ], entered into between (1) [ insert full name of original landlord ] and (2) [ insert full name of original tenant ] [ and (3) [ insert full name of original guarantor ] ] Property: [ insert details ] To: [ insert full name of current landlord ]......
NOTICE OF EXTENSION Landlord: [ name of Landlord ] [ of OR incorporated in England and Wales (company registration no. [ number ]) with its registered office at OR [ address ] ] Tenant: [ name of Tenant ] [ of OR incorporated in England and Wales (company registration no. [ number ]) with its registered office at ] [ address ] Date: [ date ] Property: [ details ] Licence: a licence [ to assign OR underlet OR charge ] OR for alterations ] dated [ date ], entered into between (1) [ the Landlord OR [ name of original landlord ] ] [ , OR and ] (2) [ the Tenant OR [ name of original tenant ] ] [ and (3) [ identify any other party to the Licence ] ] The Landlord confirms that the deadline mentioned in clause [ number ] of the Licence is...
This Agreement is entered into on [ date ] Parties [ insert name of supplier ], a company registered in [ England and Wales ] with number [ insert registered number ] and whose registered office is at [ insert address ] ( Supplier); and [ insert name of customer ], a company registered in [ England and Wales ] with number [ insert registered number ] and whose registered office is 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 Customer intends to procure software, [ hardware ], software configuration and development services, installation services, and other related services. The Customer has agreed to procure the Services from the Supplier, and the Supplier has agreed to provide the Services to the...
HM Revenue and Customs [ Enter HMRC address ] [ Enter date ] Dear [ enter organisation/department name ] I am writing to inform you of my nomination that the property detailed below is to be regarded as my main residence with effect from [ enter date ] for the purposes of capital gains tax principal private residence relief under Section 222(5) of the Taxation of Chargeable Gains Act 1992: [ Enter principal residence address ] This nomination is submitted within two years of an alteration to the mix of my dwellings, the latest such change being [ enter text ]. [ This nomination supersedes the earlier nomination dated [ enter date of the most recent previous nomination ] and takes effect from [ enter date from which this nomination is to apply ]. ] This letter has been executed by all registered proprietors of the...
Dear [ insert name ] We have been asked by [ Regulators and/or other agencies ] to provide documentation relating to [ Project X ]...
Legally privileged and confidential. Do not circulate further without prior reference to [ insert, eg Head of Legal ]. Date of report: [ insert date ]. Report prepared by: [ insert name of internal department or external law firm providing the report ]. Report provided to: [ Insert name ] – [ Insert job title ] [ Insert name ] – [ Insert job title ] [ Insert name ] – [ Insert job title ] 1 Executive summary [ Insert executive summary ] 2 Complaints/issues The allegation(s) or concern(s) notified are listed below: Allegation 1 [ Insert description of allegation 1 ] Allegation 2 [ Insert description of allegation 2 ] Allegation 3 [ Insert description of allegation 3 ] Allegation 4 [ Insert description of allegation 4 ] 3 Investigation process 3.1 Document review 3.1.1 Collection of electronic data (a) We have secured electronic material comprising forensic captures of laptops, desktop hard drives, mobile devices, USB...
Strictly Private & Confidential Do not distribute beyond [ insert organisation's name ] [ group ] From: [ Head of Legal ] To: [ recipients ] Subject: Retention of documents and data To address any prospective information requests from [ regulators including the SFO, FCA or any other agency ], [ insert organisation's name ], together with any of its [ parent corporations, subsidiaries (‘[ insert organisation's name ] Group’) ] affiliates, predecessors, successors, general partners, limited partners, officers, directors, or employees, may need to supply specified documents and records concerning [ Project X ]. Therefore, until you receive further instruction, please refrain from amending, deleting,......
Question Identify the principal legislation set out here that introduced the corporate offence of failure to prevent the facilitation of tax evasion: (b) Criminal Finances Act 2017 Which of the following is not among the three core essential elements for the failure to prevent tax evasion facilitation offence?......
1 How to use this test These questions assess your grasp following your attendance at our training on preventing the facilitation of tax evasion. Once complete, please submit the finished test to [ Insert name ]. 2 General Name of person completing test [ Insert name ] Role [ Insert role ] Date [ Insert date ] 3 Multiple choice questions Circle the correct option. Which primary legislation introduced the corporate offence of failing to prevent the facilitation of tax evasion? (a) Finance Act 2016 (b) Criminal Finances Act 2017 (c) Serious Crime Act 2015 (d) Proceeds of Crime Act 2002 ......
Case No: [ insert claim number ] IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND and WALESINTELLECTUAL PROPERTY LIST ( Ch D)[ INTELLECTUAL PROPERTY ENTERPRISE COURT ( IPEC) ] BETWEEN:[ insert full name of Claimant ] Claimantand[ insert full name of Defendant ] Defendant DEFENCE AND COUNTERCLAIM DEFENCE Unless otherwise stated, paragraph references are to the Particulars of Claim. The Defendant responds to the material allegations set out below. Any matter not expressly addressed in this Defence is required to be strictly proved by the Claimant. The Claimant Paragraphs 1–5 are admitted [ save that: ] 3.1 [ it is not admitted that the Claimant’s undertaking extends to, or includes, the provision of [ insert description of the scope of the claimant’s business that the claimant has pleaded but which the defendant does not admit the claimant is...
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 ) ] Background The immediate reversion is vested in the Landlord and, correspondingly, the residue of the Lease term is vested in the Tenant. Under the Lease, the Tenant may undertake certain alterations, provided the Landlord’s consent is first obtained. The Tenant has...
Notice to complete To: [ enter recipient’s name and address ] (the [ Seller OR Buyer ] ); From: [ enter name and address of party giving the notice ] (the [ Buyer OR Seller ] ); Property: [ enter property particulars ].......
Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND & WALESINTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ( IPEC) ] Between: [ insert full name of claimant ] Claimantand[ insert full name of defendant ] Defendant REPLY AND DEFENCE TO COUNTERCLAIM REPLY Except to the extent that the Defendant’s Defence and Counterclaim (the Defence) contains admissions of allegations set out in the Particulars of Claim, or as otherwise dealt with below, the Claimant contests the Defence and relies upon CPR rule 16.7(2). As to paragraph 3, the following is observed: It is denied that paragraph 3(1) provides a complete and accurate description of the Claimant’s business [ provide further details, if appropriate ]. [ It is averred that the...
1 Introduction 1.1 We have carried out an organisation-wide review to identify where we face the greatest exposure to involvement in money laundering, terrorist financing and/or proliferation financing. This record sets out the risks considered and the determinations made. The individual accountable for this risk assessment is [ insert name/role ]. 1.2 Our review took into account: the profile and demographic of our customer base; the geographical areas we operate in; the sectors we operate in; the [ services AND/ OR products ] we offer; the type of transactions we are involved in, including delivery channels; existing and future business partnerships and opportunities; and our internal or operational risks......
Introduction This concerns the acquisition by [ insert buyer name ] (the Buyer) of the [ entire share capital of [ insert name of target company ] Limited, incorporated in England and Wales under number [ insert company number ] (the Company) OR [ insert description of the business to be acquired ] (the Business) as a going concern, together with specified assets used in the Business ] from [ insert seller name ] (the Seller) (the Proposed Acquisition). This questionnaire is intended to enable the Buyer, the Buyer's solicitors, patent and trade mark attorneys, and other professional advisers to gather essential information about the IP owned and/or used by the [ Company and its subsidiaries OR Business OR which the Buyer requires to assist in the valuation of the Company OR Business and with the negotiation of the Proposed...
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 ( IPEC) ] Before: Date: BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant ORDER UPON the trial of action [ insert claim number ] having been held before [ Mr OR Mrs OR Miss OR [ insert other ] ] Justice [ insert name ] on [ insert trial date ]; AND UPON the Court handing down judgment in the action on [ insert date ]; AND UPON the Court determining in favour of the Claimant on its claims for infringement of UK registered trade mark no. [ insert number ] (the Trade Mark) and for passing off; AND UPON the Court...
1 General information Person(s) carrying out the audit: [ Provide name(s) of the individual(s) undertaking the audit ] Auditor classification: ☐ Internal ☐ External Audit dates: From [ enter date ] to [ enter date ] Audit type: ☐ Organisation-wide ☐ Targeted—[ Specify exactly what was targeted, e.g. property transactions funded by cryptoassets ] Office(s) in scope: [ Provide details of the offices included in this audit ] 2 Executive summary [ Provide a concise overview of the report findings ] [ Summary of recommendations: ] Importance — Number of recommendations Critical: [ Insert number of recommendations classified as critical ] Important: [ Insert number of recommendations classified as important ] ' Housekeeping': [ Insert number of recommendations classified as ‘ Housekeeping’ ] 3 Scope of audit 3.1 This audit has been undertaken to: 3.1.1 review and assess the adequacy and effectiveness of the organisation’s policies, controls and procedures for compliance with the Money Laundering...
1 Preparing for the audit This part provides a pre-audit checklist of matters to address before the review. Action | Completed | Comments/action points Define the audit’s scope, whether organisation-wide or focused (and, if focused, state precisely what is included) [ Insert date completed ] [ Insert any comments or action points ] Obtain the organisation-wide risk assessment for money laundering, terrorist financing and proliferation financing [ Insert date completed ] [ Insert any comments or action points ] Collect all AML, CTF and counter-proliferation financing compliance policies and procedures [ Insert date completed ] [ Insert any comments or action points ] Decide how many files will be reviewed and from which departments they should be sourced [ Insert date completed ] [ Insert any comments or action points ] Select...
This document mirrors the risks recognised within the anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing ( CPF) regulatory framework, together with guidance from the relevant regulators and any further risks highlighted by our organisation-wide risk assessment. It is reviewed regularly, both in response to emerging threats and on a periodic basis. When completing this risk assessment, you must consult the separate Explanatory notes, available at Appendix 1. 1 Customer details Please read section [ insert ] of the Explanatory notes and provide your responses below. 1.1 All customers Customer name [ Insert name ] Customer reference number [ Insert number ] Is the customer new or existing? ☐ New ☐ Existing If an existing customer, date due diligence was last refreshed: [ insert date ] Customer type ☐ Individual(s) (omit sections 1.3, 1.4 and 1.5) ☐ Company ☐ LLP ☐...
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 ]...