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

API Terms of Use Please read these API Terms of Use carefully before using the API. By accessing or using the API, you acknowledge that you agree to and will be bound by these API Terms of Use. If you do not agree to these API Terms of Use, you must not use our API for any purpose whatsoever... In these API Terms of Use, We, Our, Ourselves, Us or API Licensor means [ insert company name ] (a company incorporated in [ England and Wales ] under number [ insert registered company number ] whose registered office is at [ insert address ]), and You, Your or API Licensee means you (and, where you use the API on behalf of a legal person, business or other organisation ( Organisation), it means both you and that...

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PRECEDENTS

Definitions and interpretation This Agreement between the Company and the Artist sets out key terms, including defined periods ( Publicity, Recording, Pre-production, Shooting, Post-production), fees ( Weekly Rate, Daily Rate, Guaranteed Payment, Use Fees), and rights (copyright, Performers’ Property Rights, Rental Right). Time is of the essence; singular includes plural; references to statutes include amendments. The Services mean the Artist’s exclusive professional contribution worldwide across the Production Schedule. The Company may shift dates within the Production Schedule, extend the Shooting Period for industry holidays, and require publicity, rehearsal, filming, recording and post-synchronisation. The Artist assigns all relevant rights in the product of the Services to the Company for worldwide exploitation, waives moral rights where permitted, and agrees to dubbing provisions. Payment structures, expenses, VAT, and independent contractor status are specified, alongside warranties on originality, health, conduct and availability. Conditions precedent, suspension and...

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PRECEDENTS

Stop press: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 commence the outstanding provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025). Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, while the rules on penalty notices and complaints take effect from 19 June 2026. For further details, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Precedent will be revised shortly to reflect these changes. This Agreement is entered into on [ insert date ] Parties [ Name of Company ], a company incorporated in England with registered number [ insert company number ] whose registered office is at [ address ] (the Company); and [ Name of...

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PRECEDENTS

1 Introduction 1.1 This policy sets out the Company’s approach to employee retirement within the organisation. It seeks to demonstrate the Company’s commitment to nurturing age diversity across its workforce and addressing age discrimination at retirement. The Company values the contribution of all employees, including the knowledge and experience of older employees. 1.2 This policy is part of the Company’s broader strategy to promote equal opportunities and to prevent unlawful discrimination. In applying the retirement procedure described in this policy, the Company will not discriminate, directly or indirectly, on the grounds of age, nor on the grounds of disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, religion or belief, sex or sexual orientation. 1.3 The Company believes employees should be free to continue working for as long as they wish, and that choosing to retire voluntarily should be an...

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PRECEDENTS

1 Introduction 1.1 This policy explains the Company’s stance on employee retirement. It demonstrates the Company’s commitment to an age-diverse workforce and to tackling age bias in retirement. The Company values every colleague, including the expertise and experience of older staff. 1.2 This forms part of the Company’s pledge to advance equality and prevent unlawful discrimination. When applying the retirement procedure, the Company will not discriminate, directly or indirectly, on grounds of age, nor on grounds of disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, religion or belief, sex or sexual orientation. 1.3 The Company considers it appropriate to operate a fixed retirement age [ for [ set out details of relevant roles ] ]. This decision and the set retirement age will be reviewed periodically. 1.4 This policy explains the steps the Company will take as an employee nears the fixed...

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PRECEDENTS

1 Introduction 1.1 Keeping corporate records in an orderly and dependable manner is vital to meet our statutory and regulatory duties, for example concerning data protection, taxation and employment. Doing so also lowers costs and mitigates the risks of holding superfluous information. 1.2 This records management policy guides staff in the correct handling of [ insert organisation name ]’s records. It explains: 1.2.1 the meaning of records; 1.2.2 the methods for classifying and storing records; 1.2.3 the retention periods for different categories of record; 1.2.4 the approach to disposing of records. 2 Responsibility and application 2.1 [ Insert name, department or role holder ] has overall responsibility for this policy. 2.2 This policy covers everyone working for us, including employees, temporary and agency workers, other contractors, interns and volunteers. All staff must read and follow it. 2.3 This policy is not a term of any...

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PRECEDENTS

[ To be printed on the claimant solicitors’ letterhead ] Our ref: [ insert your file reference for this matter ] FAO [ RELEVANT NAME ] [ NAME OF PROPOSED DEFENDANT’ S SOLICITORS, IF ANY ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert name ] RE [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] LETTER OF CLAIM [ We refer to our earlier correspondence dated [ insert date of previous correspondence, if any ]. ] [ As you are aware, we ] act for [ insert client’s full name ], of [ insert full address ]. This correspondence serves as our client’s letter of claim, issued in line with the Practice Direction Pre- Action Conduct and Protocols to the Civil Procedure Rules (the Practice Direction), and a copy is enclosed for your convenient...

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PRECEDENTS

[ ON THE HEADED NOTEPAPER OF CLAIMANT’ S SOLICITORS ] Our ref: [ insert your file reference for this matter ] FAO [ RELEVANT NAME ] [ NAME OF PROPOSED DEFENDANT’ S SOLICITORS, IF ANY ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert name ] RE [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] [ [ Further to our correspondence dated [ insert date of previous correspondence, if any ] ] . ] [ As you are aware, we OR We ] represent [ insert client’s full name ], whose address is [ insert full address ]. This document is our client’s letter of claim issued in line with the Practice Direction – Pre- Action Conduct and Protocols of the Civil Procedure Rules (the Practice...

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PRECEDENTS

1 Our commitment to human rights [ [ Insert organisation name ] is a signatory to [ insert details of any human rights initiatives to which the organisation is a signatory, eg the United Nations Global Compact or the Equator Principles ]. ] We are firmly dedicated to upholding and honouring all internationally recognised human rights. We also strive to ensure we are never complicit in human rights violations by any other individual, organisation or government. 2 What are human rights? 2.1 The United Nations explains that human rights are inherent entitlements of every human being, regardless of nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to these rights without discrimination......

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PRECEDENTS

[ [ Insert organisation name ] is a signatory of the [ insert details of any human rights initiatives to which the organisation is a signatory, e.g. the United Nations Global Compact, or the Equator Principles ]. ] We commit to upholding and respecting all internationally recognised human rights fully......

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PRECEDENTS

1 Introduction We have undertaken an evaluation to pinpoint where our organisation is most at risk of either: causing, or contributing to, adverse human rights impacts through our own activities, or having our operations, products or services directly connected to adverse human rights impacts via our business relationships. [ We were supported by [ name of external consultants ] in completing the evaluation. ] [ As part of the evaluation we engaged with the following stakeholders through [ insert brief details of method(s) of stakeholder engagement used, if any ]: [ insert details of first internal and external stakeholders engaged with during the assessment ] [ insert...

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PRECEDENTS

From [ [ insert job title ], ] [ name ] As colleagues of [ insert organisation’s name ], we are proud of the value we deliver and of how we run our business. [ Insert organisation’s name ] is a [ describe business type ] with [ more than ] [ insert number ] colleagues, working across [ explain geographic reach ]. We must act together to prevent unethical behaviour from arising. To ensure this, [ Insert organisation’s name ] [ has OR is introducing ] an organisation-wide Code of ethics designed to make certain the right standards are upheld......

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PRECEDENTS

1 General Audit date [ enter the audit date ] Person conducting the audit [ record the name and job title of the person conducting the audit ] 2 External risks Complete the table with external risk factors that might affect business. All identified external risks should be added to risk register......

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PRECEDENTS

Probability rating Score Likelihood of risk materialising Benchmark 1 Very low Commonly anticipated only in truly exceptional situations. [ Up to [ 10 ]% probability of happening. ] 2 Low Not likely to occur within the next year in usual circumstances. [ [ 10–35 ]% likelihood of occurring. ......

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PRECEDENTS

Covering email Our Code of ethics explains the standards of conduct we are expected to follow so we preserve our integrity and good name. By understanding and adhering to the Code, we also reduce the risk of breaching laws and regulations, which keeps both the company and our people out of difficulty and safeguards our reputation. While most employees observe the Code and related policies, an organisation as large and varied as ours will inevitably face instances of individuals stretching or breaking the rules. The attached report highlights the most frequent Code breaches over the last year. We are sharing these insights to help you recognise and avoid situations that might result in a breach, and to clarify the kinds of behaviour you should report if you become aware of them. If you know, or even suspect, that anyone has violated the Code or...

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PRECEDENTS

This questionnaire aims to highlight possible business risks. Please take no longer than [ insert time, eg 30 minutes ] to complete it and send it to [ insert email address ]. [ If anything is unclear or you are uncertain about including something, please contact [ insert name and email address ]. ] 1 About you Your name [ insert name ] Your role [ outline your role within the business ] Your department [ insert department ] Briefly describe your department’s function [ In simple terms, say what your department does ] Any other relevant information [ add any other relevant information about your department, eg key major projects ] 2 Previous incidents Complete this section if any incidents listed in the table below have taken place in your department within the last [ insert time period, eg 12 months ]....

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PRECEDENTS

Case No. [ insert number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ( IPEC) ] BETWEEN [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant PARTICULARS OF CLAIM The Claimant The Claimant is, and throughout all material times has been, [ insert details of claimant ]. It [ was incorporated on [ insert date ] and ] conducts activities within the [ insert brief description of claimant’s business ]. From [ insert date ] the Claimant has provided [ a broad range of [ insert description of claimant’s goods ] AND/ OR the following services: [ insert description of claimant’s services ] ]. Since [ insert date ], the Claimant has made available its [ goods AND/ OR services ] via [ insert...

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PRECEDENTS

Please click to open the Precedent risk register. Please note this register is produced in Excel and, as a result, it cannot be downloaded into Word. What is a risk register? A risk register gathers and manages all of your risk information in one place. To build a sound register, start by pinpointing the risks your organisation encounters, and develop an appreciation of the organisation’s appetite for risk. The register then allows you to classify each risk the organisation faces, score each one, and decide on your response to every risk—e.g. reject or accept—and, where you accept the risk, to control or mitigate that risk. Depending on the scale and character of your business, you might keep separate registers by department or by risk type, with key priorities feeding into a single overarching register. For a sample privacy risk register, see Precedent: Privacy risk register. For a sample legal risk...

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PRECEDENTS

1 Overall risk appetite [ Insert organisation name ] holds an overall [ low OR medium OR high ] appetite for risk. [ Insert organisation name ] will pursue its strategic aims in line with this risk appetite statement. 2 Risk appetite by category Risk category and description Strategic: risks that might cause business failure or obstruct achievement of strategic objectives. Examples Business development, corporate governance, weak succession planning, mergers and acquisitions, launching new lines, future-proofing, and choice of business location. Ability to adapt to shifts in internal and external operating conditions. Terrorism, pandemics, floods, fires, severe weather, earthquakes, or volcanic activity at a critical business site. Political, geo-political, or external stakeholder events that affect the organisation’s capacity to meet objectives. Customer-facing matters, e.g. changes in consumer preferences, competitor innovation, product liability, import and export controls (including trade sanctions), and other rival...

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PRECEDENTS

[ To appear on the claimant’s solicitors’ headed notepaper ] Our ref: [ insert your file reference for this matter ] FAO [ RELEVANT NAME ] [ NAME OF PROPOSED DEFENDANT’ S SOLICITORS, IF ANY ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert name ] RE [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] LETTER OF CLAIM [ Further to our correspondence dated [ insert date of previous correspondence, if any ] ]. We represent [ insert client’s full name ], of [ insert full address ]. This document is our client’s letter of claim, issued in line with the Practice Direction Pre- Action Conduct and Protocols under the Civil Procedure Rules (the Practice Direction). For ease, a copy is enclosed. Please note the closing section of this letter sets out the timeframe for your reply and the...

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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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