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

Note 1 Lawyers and/or Compliance team members should be present for the entirety of the investigation. If this cannot be arranged, ensure a live phone line is maintained throughout. Note 2 Consider the following when reviewing the warrant: Who is the authorised regulator?......

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PRECEDENTS

Responsibilities [ Reception AND/ OR Security ] [ Insert name ] [ Insert contact details ] Welcome investigators. Ask for and duplicate the warrant/decision notice and the investigators’ identification. Escort investigators to a secure meeting room. Notify Response Team Leaders. Prepare a secure meeting room for the Response Team. Response Team Leaders [ Insert names ] [ Insert contact......

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PRECEDENTS

To: Response Team leads [ at [ x ] site [ s ] ] From: [ Office/location ] Response Team Lead RE: Regulatory investigation—prompt attention required Privileged and confidential Dear All Regulatory authority inspectors are on site at [ insert details of site subject to raid ] to conduct an investigation today. I am informing you of this development and ask that you alert me without delay should inspectors attend your site......

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PRECEDENTS

This presentation has been developed as an aid to train your staff members on your information management and security policy and procedures. The training materials are customisable. This version of the training pack has been produced using Power Point and therefore cannot be downloaded to Word from this page......

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PRECEDENTS

1 What is a dawn raid? A dawn raid refers to an unannounced attendance by the police or investigators from another prosecuting authority to search premises where they suspect a business or individual has been involved in criminal conduct. Teams commonly arrive first thing in the morning (hence the term ‘dawn’), with the surprise element intended to secure, protect and preserve evidence. Methods are often robust and forceful, meaning the organisation must respond rapidly and appropriately to satisfy its obligations and minimise interference with the day‑to‑day operation of the business. 2 Where do the investigators come from? In the UK, a range of authorities have powers to carry out dawn raids. These may include, but are not limited to: Information Commissioner’s Office ( ICO) the police Financial Conduct Authority ( FCA) Serious Fraud Office ( SFO) HM Revenue & Customs (...

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PRECEDENTS

Kindly finalise this documentation schedule during any dawn raid and make certain the investigators provide their signatures upon completion. Retain duplicates of every document referenced here and confirm they are sequentially numbered, in accordance with this schedule and matching the order listed......

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PRECEDENTS

Precedent Dawn raid Flowchart This Precedent Dawn raid Flowchart steers the IT director, or another appointed IT representative, across the IT considerations both during and following a raid. It is designed for circulation to the Response Team Leaders before any dawn raid, although, in practice, it will probably serve merely as a reference only at the time a raid in fact takes place......

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PRECEDENTS

This Precedent Dawn raid Flowchart supports your [ Reception AND/ OR Security ] team [ s ] in managing a dawn raid...

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PRECEDENTS

Dos and don’ts guide This dos and don’ts guide offers general pointers on what you should do, and what you should avoid, should a dawn raid take place. The list is not comprehensive. A dawn raid can happen to any organisation, regardless of size, so we must remain alert to the prospect of a raid and know how to respond quickly and effectively as circumstances demand across the business......

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PRECEDENTS

Please click to view an Excel copy of this record. Please note, as it was created in Excel, this record cannot be downloaded or exported into Word...

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PRECEDENTS

Should a dawn raid occur, you might need to release a public statement or provide a response to the press...

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PRECEDENTS

Precedent Group/multiple office Dawn Raid Response Team Leaders details log This log is for use by Dawn Raid Response Team Leaders to identify, locate and notify fellow Dawn Raid Response Team Leaders at other potentially relevant sites of the raid, where the raid forms part of a co-ordinated search that will also subject other premises to a raid. Please note that this record has been prepared in Excel and therefore it cannot be downloaded to Word......

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PRECEDENTS

1 Introduction 1.1 A dawn raid may take place at any company, whether large or small, so all organisations should remain alert to the chance that one could occur. 1.2 What is a dawn raid? 1.2.1 A dawn raid is an unannounced attendance by the police and/or investigators from another prosecuting authority to search premises and collect material where there is a suspicion that the business or a person connected with it has engaged in criminal conduct. 1.2.2 During such a visit, investigators may: examine paper and digital records review and remove documents, electronic data and devices, and question staff 1.3 Who can carry out a dawn raid? The range of prosecutors and regulators empowered to conduct dawn raids has grown in recent years. Law Enforcement Agencies able to do so include (without limitation) the Serious Fraud Office, the Financial Conduct Authority, the police, the Health and Safety...

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PRECEDENTS

Precedent Dawn raid Flowchart During any dawn raid, investigators must be continuously accompanied and observed (shadowed). This function is crucial, and shadowers need a clear understanding of their duties. The Precedent Dawn raid Flowchart steers shadowers step by step in managing a dawn raid from start to finish......

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PRECEDENTS

Kindly complete this list of documents in the event of a dawn raid, and please ensure the investigators sign it upon final completion. Retain copies of every document recorded here and make certain they are sequentially numbered, consistent with this list. 1 Documents seen/removed by investigators Reference Document name Document location Seen or removed?......

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PRECEDENTS

In the event of a dawn raid During a dawn raid, please complete this schedule of documents and secure investigators’ signatures once the process is concluded. Retain copies of every document referenced here, and ensure each bundle is numbered in strict sequence, aligning precisely with this index as detailed......

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PRECEDENTS

To: [ All staff in [ insert ] office ] From: Response Team Leader RE: Regulatory investigation—prompt attention required Privileged and confidential Dear All Investigators from [ insert ] [ are OR will be ] arriving on site beginning today to commence an investigation. [ Insert organisation name ] treats its legal duties seriously and will co-operate with the investigators, addressing their requests in line with [ our [ Dawn raid action plan ] ]. A ‘dawn raid’ is when representatives of a regulator attend our premises without prior notice to gather evidence for an investigation. Refusing to co-operate with the investigation, or impeding the investigators, will put [ insert organisation’s name ] and individuals at risk of sanctions. Further information is contained in our [ Dawn raid action plan ]......

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PRECEDENTS

Presented as a table, available to download in Word or Excel, this Precedent enables a transferor to set out employee liability information ( ELI) for disclosure to a transferee, satisfying the obligations under regulation 11 of the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( SI 2006/246) ( TUPE 2006) as required......

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PRECEDENTS

STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, transforming into the Data ( Use and Access) Act 2025 ( DUAA 2025) and taking partial effect on that date. A number of DUAA 2025 provisions — covering issues such as handling data subject access requests and the conferral of authority to create further regulations — commenced immediately on 19 June 2025. Other elements, including measures on notices from the Information Commissioner and particular aspects of law enforcement processing, took effect on 19 August 2025 (two months after Royal Assent). The greater part of DUAA 2025’s framework will, however, only come into operation once additional regulations, in the form of statutory instruments, are made to commence them. Parts 5 and 6 of DUAA 2025 introduce amendments to aspects of UK data protection and e Privacy law,...

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PRECEDENTS

To: Singapore International Arbitration Centre28 Maxwell Road, 03–01 Maxwell Chambers Suites BY [ SPECIFY MODE OF DELIVERY ] Singapore 069115 Attn: The Registrar With copy, including all attachments, to: [ Insert name and address of all Respondents ] BY [ SPECIFY MODE OF DELIVERY ] Dear [ Registrar of SIAC ], We enclose a Notice of Arbitration, now lodged with the Singapore International Arbitration Centre ( SIAC) in accordance with rule 3 of the SIAC Rules of Arbitration, 6th Edition, 2016 ( SIAC Rules). A copy is being served on the Respondent(s) by the service method(s) indicated above. The service date is [ insert anticipated date of delivery ]. [ Pursuant to rule 3.1(k) of the SIAC Rules, we attach a local cheque for [ insert amount ], payable to the Singapore International Arbitration Centre, covering the required filing fee. OR Pursuant to rule 3.1(k) of the SIAC Rules, the sum of [...

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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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