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

AGREEMENT relating to Section 106 and 106A of the Town and Country Planning Act 1990 [ and [ insert other legislation ] ] in relation to the development at [ insert address ] This Agreement is dated [ insert date ] Parties [ insert name ], of [ insert address ] (the Council) [ insert name ], of [ insert address ] (the County Council) [ insert name ], of [ insert address ] (the Owner) [ Additional parties as necessary e.g. landlord, mortgagee, option holder etc. ] ([ insert additional parties as necessary e.g. landlord, mortgagee, option holder etc ]) Background The Council serves as the local planning authority for the purposes of sections 106 and 106A of the 1990 Act for the area where the Land is located and is empowered to enforce the obligations contained in the...

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PRECEDENTS

Dear [ insert organisation name ] We respond to your letter of [ insert date ] regarding the documents you supplied on [ insert date ], which you now assert are privileged. We confirm we have neither reviewed the documents, made any copies, nor forwarded them to our client. [ In the circumstances, we are willing to return our copies of the documents to you and enclose them with this correspondence. Nonetheless, we do not necessarily accept that the documents attract privilege and our client reserves his/her/its position in that regard. OR However, having regard to the contents of your letter, we do not accept that the documents are privileged, for the reasons set out below: [ set out reasons, remembering that you have not read these documents ] Accordingly, as matters presently stand, we do not agree that you are entitled to the return of the...

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PRECEDENTS

Dear [ insert organisation name ] We are writing to notify you that [ we OR our client ] mistakenly provided you with privileged material by means of [ our letter and attachments dated [ insert date ] ] and to seek the prompt return of that material. The documents concerned are [ identify the documents with precision ]. In relation to [ identify document(s) or classes of document(s) ], they are protected by legal advice privilege. Each is a communication between a lawyer and the client made for the purpose of requesting or delivering legal advice and was, and remains, confidential, or is a record of such a communication that was, and remains, confidential. [ The ‘client’ for these purposes is [ identify ‘client’ group within a corporate body ]. ] [ In relation to [ identify document(s) or classes of document(s) ], these are...

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PRECEDENTS

1 Identify and document why the organisation processes personal data Avoid scouring the organisation for personal data without focus; consider the functions your organisation performs that involve processing personal data. First, identify which operations involve personal data in practice. Determining the reasons or purposes for processing is usually reasonably simple. Creating a diagram or visual map can aid your thinking. An example is shown below: 2 Document the various activities that take place to achieve each ‘purpose of processing’ Record the different activities undertaken to deliver each ‘purpose of processing’. List each step or task that contributes to the outcome for that purpose. Again, producing a diagram or visual map can be useful. This is depicted below, using the ‘staff administration’ purpose identified at stage 1......

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PRECEDENTS

[ insert address of sender ] Our ref: [ insert reference ] Your ref: [ insert reference ] [ insert address of recipient ] Date: [ insert date ] Dear [ insert organisation name ], In return for the payment of £[ insert amount ] by [ insert name of assignee ] ( us or our ) to [ insert name of assignor ] ( you or your ), and with you acknowledging receipt and adequacy of that sum, you hereby: acknowledge and confirm that, by virtue of [ insert details here of the agreement, legislative provision, instrument or circumstances according to which the assignment of the intellectual property rights has been effected ], all right, title, and interest in the intellectual property rights described in the Schedule to this letter (the Rights) have been assigned to us with ......

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PRECEDENTS

IN THE [ COUNTY COURT AT [ Insert ] OR HIGH COURT ] Claim Number: [ Insert claim number ] Parties: [ Insert name of Claimant ] Claimant [ (a patient, by his son and litigation friend XX (insert name of LF)) ] -and- [ Insert name of Defendant ] Defendant PARTICULARS OF CLAIM ( CLINICAL NEGLIGENCE) The parties Throughout the relevant period, the Claimant, a patient, received nursing and personal care from the Defendant, delivered by its staff and authorised agents. During all material times, the Defendant ran, managed and administered a residential care home known as [ Insert care home name ], located at [ Address ] (‘the care home’)......

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PRECEDENTS

Message from [ CEO ] At [ insert organisation’s name ], we are immensely proud of how we run our business and of the difference we make in the communities where we live and operate. Our culture, rooted in integrity and the highest ethical standards, sits at the heart of everything we do. [ Insert organisation’s name ] has [ more than ] [ insert number ] colleagues and works across [ explain geographic reach ]. This Code sets out the fundamental standards and policies that govern our operations. It details expected behaviours in the workplace and marketplace, and acknowledges our responsibility to the environment and the communities where we trade. It further guides each of us in addressing legal and ethical issues. [ Our suppliers and contractors must also align with key aspects of the Code via our Supplier code of conduct. ] Please...

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PRECEDENTS

Bribery and corruption Bribery and corruption continue to pose serious challenges in global trade, despite sustained initiatives to prevent them. When they occur, the effects are highly harmful and can, among other outcomes: divert funds and other resources away from those who need them most; impede economic and social development; damage business, including by pushing up the cost of goods and services. A bribe may consist of cash payments, gifts, favours, any item or service of value, or another benefit or financial advantage. Bribery arises where anyone authorises, offers, solicits, gives, receives or accepts anything of value, or any financial or other advantage, in exchange for favourable treatment or the improper performance of a function or activity by a company, government authority, official, employee or private individual. Most countries have laws that prohibit bribery and corruption......

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PRECEDENTS

A bribe means a monetary payment or any other benefit or gain, given whether directly or indirectly, that is meant to prompt or sway, or that results in prompting or swaying, an individual, company, or public authority to carry out their roles, including business and public duties, improperly......

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PRECEDENTS

This flowchart should be used to ensure every relevant consideration is addressed before a charitable or political donation approval request is either authorised or refused accordingly. Notes Note 1— Legal/regulatory environment Assess the legal and regulatory context—do the laws of the territory, or rules binding the recipient, lawfully permit this kind of donation? If not, the approval request must be refused. Note 2— Intention Always evaluate the motive underpinning the proposed donation carefully......

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PRECEDENTS

The due diligence procedural queries set out in this form will be used for donations exceeding £[ x ], in line with the applicable levels of risk. The responses provided will support the process of deciding whether a donation should or should not be made. To be completed by [ person(s) making that decision, eg the Risk team ]. 1 General Proposed recipient [ Insert name ] Date [ Insert date ] Internal contact [ Insert name ] 2 The donation Amount of proposed donation (in £) £[ Insert amount ] Reason(s) for donation [ Insert reason(s) ] Are the reason(s) for the donation clear and legitimate? ☐ Yes ☐ No—the donation must not be made Could the timing of the donation influence the award of business or a contract, or be perceived to? ☐ Yes—refer to [ insert name, eg...

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PRECEDENTS

From [ Insert name and job title ] Bribery and corruption continue to blight international trade, even with sustained ongoing global efforts to curb them. As a UK organisation, we are within scope of the Bribery Act 2010 ( BA 2010) wherever bribery arises across our business [ es ]. Offering or giving any payment or gift to prompt another to act improperly, to obtain an advantage for the giver, constitutes bribery......

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PRECEDENTS

STOP PRESS: We are updating this document to align with implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025), which revises UK GDPR and Data Protection Act 2018......

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PRECEDENTS

Limitation of trustees’ liability—lease clauses Trustees refers to the persons identified as [ Landlord OR Tenant ] in this lease, plus any person appointed from time to time as trustee of [ name of trust or charity ]......

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PRECEDENTS

1 Anti-bribery and corruption officer ( ABC Officer) details Name of organisation [ Insert name ] Name of ABC Officer [ Insert name ] Reports to [ Insert name ] Full-time/part-time □ Full-time □ Part-time Details of any other roles held within the organisation [ Insert details ] Date appointed by the organisation [ Insert date ] 2 Role summary Under the Bribery Act 2010 ( BA 2010), relevant businesses may commit the offence of failing to prevent bribery. A defence is available where the organisation can demonstrate it had adequate procedures to stop bribery. The ABC Officer ensures these procedures are established and maintained. 3 Job description/ Role profile 3.1 Create and supervise [ insert organisation’s name ]’s frameworks and controls for anti-bribery and corruption. 3.2 Assist and co-ordinate senior management attention on, and foster, an...

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PRECEDENTS

[ DETAILS OF DEPONENT ETC. ] IN THE [ COURT ] Claim no. : [ insert claim number ] BETWEEN: [ Insert claimant’s name ] Claimant AND [ Insert defendant’s name ] Defendant AFFIDAVIT OF [ NAME ] I, [ FULL NAME ], of [ ADDRESS ], swear as follows: I provide this affidavit in reply to the [ Claimant’s OR Defendant’s ] application for the inspection of documents dated [ insert date ]. [ I am [ a solicitor registered to practise in England and Wales ] at [ law firm ], and I represent the [ Claimant OR Defendant ] in these proceedings. ] [ I am the [ Claimant OR Defendant ]. ] ......

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PRECEDENTS

Dear [ insert organisation name ] We write regarding your [ disclosure list ], in which you clearly state that you are entitled to refuse inspection of a number of pertinent documents on the basis of legal professional privilege. In light of the limited information you have provided, our client is not wholly persuaded that these documents are covered by legal professional privilege. Accordingly, please confirm that you will allow inspection of these documents [ in accordance with the Court’s directions OR in accordance with the CPR OR within [ number of ] days OR . Alternatively, insofar as your client continues to maintain privilege, please provide the following information within [ number of ] days: 1 Please confirm that each document over which your client asserts privilege has been properly and individually assessed for that purpose. Please identify the person or persons who...

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PRECEDENTS

Dear [ insert organisation name ], We reply further to your letter dated [ DATE ]. [ Our client is willing to permit your client to review [ identify documents ]. For clarity, this does not amount to any waiver of privilege in relation to any other material. Access will be given [ pursuant to the [ Court’s directions OR CPR ] OR by [ sending you copies ] within [ number of ] days ] . ] [ Our client maintains legal professional privilege over [ identify documents ]. Your client is therefore not entitled to see them at this stage......

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PRECEDENTS

1. Immediate response Your initial priorities are to reach your legal counsel, get to the site, and pull together your Dawn Raid Response Team. Actions Contact the organisation’s legal adviser, whether in-house or external, and ensure a solicitor is physically present throughout the raid and any interviews. If you are not already on-site, attend the premises immediately and engage with the investigators. Seek clarity on what the investigators are seeking—ask to view the warrant or decision notice, or any other written documentation demonstrating their authority. Identify whether any other premises are being raided at the same time. Verify the investigators’ authority and take a photocopy of their ID. Contact and convene the Response Team. 2. Preliminary assessment You may feel inclined to alert affected individuals straight away, but you need more detail before deciding if that is necessary or...

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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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