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
Date: [ insert date ] From: [ Insert name and job title ] Tax evasion remains a significant problem in global trade, despite extensive efforts to curb it. Wherever it occurs, it harms society by diverting funds and resources away from those who rely on them, slowing both economic and social progress. 1 What is tax evasion? Tax evasion is the unlawful non-payment or underpayment of taxes. It commonly happens when a person or entity fails to declare, or deliberately misstates, the taxes due to the relevant tax authority. It is a criminal offence. It can be carried out by an individual, e.g. concerning income tax or VAT, or by a legal entity, e.g. relating to corporation tax. 2 How does this affect us? As a UK organisation, we are affected if such conduct is criminally facilitated anywhere within our business [ es ]......
date [ date ] Parties [ name of Grantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Grantor ) [ name of Grantee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Grantee ) [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Mortgagee ) ] 1 Definitions Within this Deed, the terms below shall be construed as follows: Conditions — [ the provisions specified in Schedule 5; ] Conduits — [ pipes, drains, mains, channels, gutters, watercourses, sewers, wires, cables, laser optical fibres, systems for the transmission or reception of electronic data or impulses, and all other means of...
Note: This Practice Note provides targeted direction and specific guidance for cases in the Technology and Construction Court ( TCC) brought under and governed by CPR 60, CPR PD 60 and the TCC Guide. Because these sit alongside the CPR’s broader rules, it ought to be used together with the general materials on getting ready for and going to trial, including Trial—overview, which in turn signposts detailed guidance on particular aspects of preparing for and attending trials as appropriate, in practice shorter and flexible trials schemes— TCC claims issued on or after 1 October 2015 may fall within, or be appropriate for, one or both schemes operating under CPR PD 57AB, namely the shorter trials scheme and the flexible trials scheme respectively. For further details on these schemes, please see Practice Notes: Business and Property...
Note: This Practice Note provides targeted guidance for proceedings in the Technology and Construction Court ( TCC) conducted under, and set out in, CPR 60, CPR PD 60 and the TCC Guide, as applicable. Because these provisions supplement the CPR’s general rules, it ought to be read alongside the broader guidance on preparing for and attending trial, including Trial—overview, which in turn links to further detailed guidance on specific 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 of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and the flexible trials scheme. For further information on these schemes, see the Practice Notes Business and Property Courts—shorter trials scheme and Business and Property...
Note: This Practice Note supplies specific, practical direction for matters proceeding in the Technology and Construction Court ( TCC) governed by CPR 60, CPR PD 60 and the TCC Guide. As these provisions operate in addition to the CPR’s broader rules, it should be read alongside the general guidance on preparing for and attending trial, including Trial—overview, which in turn links through to 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 be subject to, one or both schemes under CPR PD 57AB: the shorter trials scheme and/or the flexible trials scheme. For further details, 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, see Practice Note:...
Filed on behalf of the Defendant Witness statement by [ enter the witness's initial and surname as required ] Statement number: [ enter the sequential number for this witness's statement ] Exhibit particulars: [ enter initials and the number of each exhibit mentioned as applicable ] Date the statement was prepared: [ enter date here ] [ Date of translation: [ enter date ] ] Claim reference number: [ enter claim number in full ] ......
[ Address/headed paper of responding party ][ Date ][ Address of adjudicator ] Dear [ insert name of adjudicator ] In the matter of an adjudication between [ referring party ] v [ responding party ] Lack of jurisdiction as an adjudicator We have received: Notice of Adjudication dated [ date ] Referral Notice dated [ date ], served [ date ], by [ referring party ] Your letter of [ date ] accepting appointment as adjudicator. We respectfully say you lack jurisdiction to act, commence or continue this adjudication. General reservation of rights We reserve the right to raise jurisdictional or other objections later: in this or any adjudication, enforcement or other proceedings; whether or not previously raised; and any submissions herein are without prejudice to these rights. Specific objections You have no jurisdiction to decide this dispute because: [ insert reasons ] No...
Note: This Practice Note provides targeted guidance for proceedings in the Technology and Construction Court ( TCC) applying CPR 60, CPR PD 60 and the TCC Guide. As these sit in addition to the CPR’s general provisions, this Practice Note should be read alongside general guidance on preparing for and attending trial, including Trial—overview, which in turn links to detailed guidance on specific aspects of preparing for and attending trials shorter and flexible trials schemes— TCC claims issued on or after 1 October 2015 may fall within, or be appropriate for, one or both schemes under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For further details, consult the Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme electronic working—for information on electronic working in the TCC, see Practice Note: TCC—starting a claim— High Court or County...
Date: [ insert date ] Introduction In the UK, the framework addressing money laundering, terrorist financing and proliferation financing is partly set out in the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. These require updates to our existing anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing policy, controls and procedures. Money laundering refers to concealing the genuine source and ownership of criminal proceeds so those funds appear legitimate. Terrorist financing means raising or supplying funds, whether from lawful or unlawful sources, to be used to commit a terrorist act. Proliferation financing involves providing funds or financial services for, in whole or in part, the manufacture, acquisition, development, export, transhipment, brokering, transport, transfer, or stockpiling of, or otherwise linked to the possession or use of,...
1 Introduction to this guide 1.1 [ Insert firm name ] must, under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, establish systems and controls to deter money laundering, terrorist financing and proliferation financing. 1.2 Our AML, CTF and counter-proliferation financing policy sets out the procedures adopted to meet these duties. This includes a requirement to carry out client due diligence ( CDD), that is to: 1.2.1 verify the client’s identity and confirm it is accurate; 1.2.2 determine the beneficial owner where the client is not that person; and 1.2.3 gather information on the purpose and intended nature of the business relationship. 1.3 This guidance focuses on the second element, namely identifying the beneficial owner. 2 What/who is a beneficial owner? 2.1 A beneficial owner is the natural person or...
On and from [ insert date ], the Respondent engaged the Claimant to work as a bicycle courier, based at the Respondent’s premises at [ insert address ]. The Respondent is a business providing delivery services for clients throughout the Greater London area. The Claimant qualified as a worker for the purposes of section 230(3) of the Employment Rights Act 1996 and the Exclusivity Terms in Zero Hours Contracts ( Redress) Regulations 2015......
1 It is accepted that, from around [ insert date ], the Claimant carried out sporadic bicycle courier tasks for the Respondent. However, the Respondent denies that the Claimant was a worker, or that he was engaged on the agreement described at paragraph 2 of the Grounds of Claim. Those terms are the Respondent’s usual worker contract provisions, yet the Claimant was not retained on any such contract at any time. 2 The Claimant supplied cycle courier services via his limited company, Speedy Delivery. The Respondent engaged Speedy Delivery from time to time when it had too many deliveries for its own workers to complete and required assistance. Instructions were issued to Speedy Delivery on the understanding that a suitably capable cycle courier would be supplied to perform the assignments......
1 The Claimant was engaged by the Respondent from [ insert date ] as a bicycle courier, based at the Respondent’s premises at [ insert address ]. The Respondent is a company that provides delivery services throughout the Greater London area......
[ Insert in para 6.1 of response form ET3: ] It is accepted that the Claimant has been employed by the Respondent since the [ insert date ]. No concession is given regarding the Claimant’s connection to [ insert name ] or to her unborn child......
[ Insert in para 8.2 of claim form ET1: ] 1 The Claimant works as an agency worker for the First Respondent, a temporary employment agency. She started assignment with the Second Respondent on [ insert date ]......
[ Insert in para 6.1 of response form ET3: ] It is accepted that the Claimant is an agency worker with the First Respondent. It is accepted that she began an assignment with the Second Respondent on [ insert date ]......
[ Insert in para 8.2 of claim form ET1: ] 1 The Claimant is employed by the Respondent and has been so since [ insert date ]. ...
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 ]...