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
EXPLANATORY NOTE: Within this precedent, insert the guarantor’s name wherever indicated. Otherwise, to keep this declaration consistent with the prescribed statutory form, use ‘ I’ or ‘the tenant’, as appropriate. See the drafting notes for this precedent for more details. I, [ name of declarant ], of [ address ], do solemnly and sincerely declare the following: [ I OR [ name of guarantor ] ] [ (incorporated in England and Wales with company registration number [ number ]) ] propose[s] to enter into a tenancy of the premises at [ address ] for a term beginning on [ a date to be agreed between the parties OR the date on which the tenancy is granted OR [ other appropriate wording ] ]......
EXPLANATORY NOTE In this precedent, include the guarantor’s name wherever indicated. To maintain conformity with the prescribed statutory form, use ‘ I’ or ‘the tenant’ as appropriate. Refer to the drafting notes for this precedent for further details. I, [ name of declarant ], of [ address ], declare that: [ I OR [ name of guarantor ] [ (incorporated in England and Wales with company registration number [ number ]) ] ] intend[s] to enter into a tenancy of premises at [ address of premises ] for a term commencing on [ a date to be agreed between the parties OR the date on which the tenancy is granted OR [ insert other appropriate wording ] ]......
To: [ insert full name of Guarantor ] of [ insert address ] From: [ insert full name of Landlord ] of [ insert address ] Important notice You are being presented with a lease that lacks security of tenure. Do not bind yourself to this lease until you have studied this notice thoroughly and sought guidance from a professional adviser. Typically, business tenants benefit from security of tenure—the right to remain in their business premises once the lease concludes......
Petitioning Creditor 1 st : [ NAME ] Annex: [ INSERT ] Dated: [ INSERT ] Court Ref No: [ INSERT COURT REF...
1 Nominated officer details Firm name [ Insert name ] Nominated officer’s name [ Insert name ] Reports to [ Insert name ] Full time/part time ☐ Full time ☐ Part time Any additional positions within the firm [ Insert details ] Date appointed by the firm [ Insert date ] 2 Role summary 2.1 Serve as the nominated officer designated under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017) for [ name of firm ]. 2.2 Receive and assess internal suspicious activity reports ( SARs) to decide whether they amount to knowledge or suspicion (including reasonable grounds) that a person is engaged in money laundering, terrorist financing, or proliferation financing. 2.3 Determine if activity should be reported to the National Crime Agency ( NCA), submit external SARs where required, and act as the principal point of contact with the NCA......
This Precedent This Precedent supports solicitors to review and document how they perform against the SRA Statement of Solicitor Competence. It sets out the behavioural qualities expected of lawyers across every stage of seniority. Your self-assessment may rely on your own judgement. Input from internal clients and colleagues can also be taken into account to shape your self-assessment where suitable. For direction on the SRA’s Continuing Competence Regime, consult the Practice Notes: The continuing competence regime, How to assess, maintain and monitor competence, and Continuing competence—self-reflection and personal development......
Register of non-compliance and corrective actions This register allows the independent audit function to record specific instances of non-compliance identified during the organisation’s independent audit mandated under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692 ( MLR 2017), as amended, and to monitor the corrective actions needed to resolve the non-compliance. It acts as a supplement to Precedent: Money Laundering Regulations 2017—independent audit report, and, for law firms, Money Laundering Regulations 2017—independent audit report—law firms. Please click to obtain an Excel version of this register. Kindly note that this register has been created in Excel and therefore cannot be downloaded into Word......
1 Preparing for the audit This part outlines a checklist of matters to consider prior to the audit taking place here...
1 General information Person(s) conducting audit: [ Add name(s) and position(s) of the auditor(s) ] Internal or external auditor(s): ☐ Internal ☐ External Dates of audit: From [ add date ] to [ add date ] Firm-wide or targeted audit: ☐ Firm-wide ☐ Targeted [ Specify exactly what was in scope, e.g. property transactions financed by cryptoassets ] Office(s) covered by the audit: [ [ Add details of offices included in this audit ] ] 2 Executive summary [ Add an executive summary of the report’s findings ] [ [ Add a summary of recommendations, for example: ] Importance Number of recommendations Critical: [ Add number of recommendations from section 5 classified as critical ] Important: [ Add number of recommendations classified as important ] Housekeeping: [ Add number of...
Schedule of recommendations This schedule of recommendations is designed for use by the independent audit function to present its proposals after the audit of the organisation’s anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing compliance policies, controls and procedures, and to oversee compliance with those proposals. Please click for an Excel version of this register. Please note that the register has been produced in Excel and therefore cannot be downloaded into Word. This Precedent complements Precedent: Money Laundering Regulations 2017—independent audit report, and, for law firms, Money Laundering Regulations 2017—independent audit report—law firms......
1 Establishment of independent audit function Under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, firms that fall within scope are required to put in place an independent audit function where this is appropriate, with due regard to the size and nature of their business operations. Having considered the firm’s size, its business profile, and the outcome of the firm’s money laundering, terrorist financing and proliferation financing risk assessment, we have elected to establish an independent internal audit function. This document defines the purpose, scope, activities and duties assigned to the firm’s independent audit function. 2 Governance and reporting lines 2.1 The independent audit function will be headed by [ insert name of head of audit function ], who will report directly to [ insert, eg the board ]. All other members of the...
1 Definitions In this Agreement, defined terms govern the sale of the leasehold Property under the Standard Commercial Property Conditions ( Third Edition—2018 Revision), as varied here. References and meanings align with those Conditions unless expressly redefined here, and references to ‘actual completion’ and ‘contract rate’ are to be read consistently with the terms ‘ Actual Completion Date’ and ‘ Interest’ set out below... Timing: Actual Completion Date; Completion Date; Longstop Date. Parties and advisers: Seller; Buyer; any Guarantor; Seller’s Solicitors; Buyer’s Solicitors. Interests and title: Landlord; any Superior Landlord; Lease (as varied and listed in Schedule 1); Property description with any title number and Plan. Price and sums: Price; any Deposit; Interest; VAT; optional Chattels and Chattels Price. Permissions and documents: Consent required under the Lease; Transfer...
1 General information Review window [ Enter review period ] Date of review [ Enter date ] Reviewer(s) [ Enter name(s) ] 2 Data Criteria In the last [ enter period, e.g. quarter ] / Over the last 12 months Total Suspicious Activity Reports ( SARs) received [ Enter number ] / [ Enter number ] SARs concerning money laundering, terrorist financing or proliferation financing [ Enter number ] / [ Enter number ] Those SARs reported to the National Crime Agency ( NCA) [ Enter number ] / [ Enter number ] SARs to the NCA requiring consent/a defence ( DSARs) [ Enter number ] / [ Enter number ] DSARs for which consent has been granted [ Enter number ] / [ Enter number ] DSARs for which consent has been refused [ Enter number ] / [...
1 Introduction 1.1 We have conducted a firm-wide risk assessment ( FWRA) to pinpoint the threats to our business of becoming entangled in money laundering, terrorist financing and/or proliferation financing. This paper sets out the risks examined and the determinations made, together with our approach to mitigating them. The person responsible for this FWRA is [ insert name/role ]. 1.2 Our review took into account: the make-up and demographics of our clients; the jurisdictions and locations in which we operate; the industries we serve; the [ services AND/ OR products ] we offer; the nature of transactions we undertake, including delivery channels; current and prospective business partnerships and opportunities; our internal and operational risk exposures......
This Agreement is entered into on [ date ]... Parties [ Customer ], a company incorporated in [ England ], with registered number [ company number ], whose registered office is located at [ address ] ( Customer); [ Supplier ], a company incorporated in [ England ], with registered number [ company number ], whose registered office is located at [ address ] ( Supplier). Each of the Customer and the Supplier is a party; together, they constitute the parties... BACKGROUND The Customer intends to outsource the delivery and management of its [ describe function ] services to the Supplier, alongside the Customer’s appointment of several other service providers to deliver related and/or interdependent services, with whom the Supplier will be required to collaborate (together with any third party the Customer may appoint to provide overarching...
This AGREEMENT bears the date [ insert date ]. Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] with number [ insert registered number ] and with its registered office at ] [ insert address ] ( Assignor ); [ insert name ] [ of OR a company incorporated in [ England and Wales ] with number [ insert registered number ] and with its registered office at ] [ insert address ] ( Assignee ) (each of the Assignor and the Assignee constitutes a party and, collectively, the Assignor and the Assignee constitute the parties). BACKGROUND ( A) The Assignor is the [ owner of OR applicant for ] the Patents as defined herein. ( B) The [ Parties have entered into the Main Agreement as defined herein and the ] Assignor has agreed to assign such...
This DEED bears the date [ insert date ]. Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at ] [ insert address ] (the Assignor); [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at ] [ insert address ] (the Assignee). Each of the Assignor and the Assignee is a party and, collectively, the Assignor and the Assignee are the parties. BACKGROUND ( A) The Assignor is the [ proprietor of OR applicant for ] the Patents as defined herein. ( B) The [ Parties have entered into the Main Agreement as defined herein and the ] Assignor has agreed to assign such Patents to the...
This Agreement is entered into on [ date ]. Parties [ insert name of supplier ], a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ( Supplier); and [ insert name of customer ], a company incorporated in [ England and Wales ] under number [ insert registered number ], 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 ( A) The Customer intends to obtain software, [ hardware ], software configuration and development services, installation services, and other associated services. The Supplier has stated to the Customer that it has expertise in delivering such services to clients within the [ insert relevant industry, eg retail ] sector. ( B) The...
Date: [ date ] Parties [ name of Seller ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is located 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 located 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 located at ] [ address ] [ and whose address for service in England and Wales is [ address ] ] (...
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 ]...