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

Claim No. [ insert claim number ]. IN THE HIGH COURT OF JUSTICE — [ BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES [ Specify division ] [ Specify specialist court ]; [ Insert location ] DISTRICT REGISTRY; THE COUNTY COURT AT [ insert location ]; [ BUSINESS AND PROPERTY COURTS LIST ]. Before [ The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge ] [ insert name ], dated: [ insert date ]. Between: [ insert name ] Claimant / Applicant and [ insert name ] Defendant / Respondent. [ Draft ] Order for Interim Injunction PENAL NOTICE 1 This Order either restrains you, [ insert name of defendant ], from certain conduct, or requires you, [ insert name of defendant ], to perform the steps identified below. Should you fail to obey this Order, you may be...

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PRECEDENTS

Introduction A rights of light claim is usually started under CPR 7 by issuing a Claim Form ( N1), though in certain circumstances the CPR Part 8 route may be suitable (see Practice Note: CPR Part 8 claims (alternative procedure for claims)). These drafting notes apply only to Form N1. For general guidance, refer to Practice Note: Claim form—the contents. Relevant Precedents Particulars of claim for right of light claim Order for Interim Injunction in right of light proceedings Court details Insert the name of the court in which the proceedings will be brought. The claim may be issued in the County Court or, where the claim’s value justifies it, in the High Court. See Practice Note: Where to start a civil claim. If issuing in the County Court, you may use any County Court hearing centre; however, if you issue at a centre not...

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PRECEDENTS

This summary, which briefly outlines your rights and duties regarding variable service charges, is legally required to be sent together with any demand for service charges. If a demand reaches you without the summary, you are entitled to lawfully withhold the service charge. This summary is not a comprehensive explanation of the law and, if you are uncertain about your rights and duties, you should obtain further independent advice. Your lease specifies that, in addition to your rent, you must also pay service charges to your landlord. Service charges are sums due for services, repairs, maintenance, improvements, insurance, or the landlord’s management costs, but only in cases where the expenditure has been reasonably incurred. You may apply to the First-tier Tribunal to decide whether or not you are responsible for paying service charges for services, repairs,...

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PRECEDENTS

Notice before forfeiture To: [ insert full name of Tenant ] of [ insert address ] Law of Property Act 1925, section 146 I, [ insert full name of Landlord ] of [ insert address ], the [ current ] landlord under the Lease, notify you that: The Lease requires the tenant to [ insert details of the relevant repairing covenants ]. You have breached clause(s) [ insert clause number(s) ]; the dilapidations are listed in the Schedule. All remediable breaches must be made good. If not remedied within a reasonable time, I will exercise my right of re-entry and also claim damages. You must pay monetary compensation for the breaches and all reasonable costs of preparing and serving this notice [ pursuant to clause [ clause number ] of the Lease ]. You may serve a counter-notice claiming the benefit of the Leasehold Property ( Repairs) Act 1938 within 28 days, in...

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PRECEDENTS

TO WHOM IT MAY CONCERN FROM: [ insert name of landlord ], of [ insert landlord’s address ] (the ‘ Landlord’) PREMISES: [ insert full address of the Premises ] LEASE: a lease relating to the Premises dated [ insert date of lease ], entered into between [ insert names of original parties to the lease ] Today, the Landlord has exercised rights of re-entry to the Premises in accordance with clause [ insert forfeiture clause number ] of the Lease and the locks have been changed. With effect from today, the Lease is forfeited and therefore at an end. If you have any enquiries concerning the Premises or any items remaining within it, please contact [ insert name and address of landlord or its managing agent ]. Date: Signed: [ insert name of Landlord/agents acting on behalf of Landlord ] [ for and on...

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PRECEDENTS

[ ON THE LETTERHEAD OF THE CLAIMANT’ S SOLICITORS ] Our reference: [ insert your file reference for this matter ] FAO [ RELEVANT NAME ] [ NAME OF DEFENDANT OR DEFENDANT’ S SOLICITOR IF KNOWN ] [ 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 correspondence dated [ insert date of previous correspondence, if any ] ]. [ As you are aware, we OR We ] represent [ insert client’s full name ], of [ insert full address ]. This letter constitutes our client’s claim and is issued in accordance with the Practice Direction Pre- Action Conduct and Protocols of the Civil Procedure Rules (the ‘ Practice Direction’), a copy of which is enclosed for your...

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PRECEDENTS

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 gained Royal Assent on 27 October 2025. For help on what the Act means for residential lettings in England, consult Practice Note: Renters’ Rights Act 2025—key provisions. How to use these drafting notes: Where a landlord seeks possession of a residential property located wholly or partly in England let on an assured shorthold tenancy ( AST) via the accelerated possession route, the correct court form is Form N5B England. These drafting notes relate exclusively to completing Form N5B England. From 1 December 2022, in Wales, ASTs together with other types of residential tenancies and licences were replaced by occupation contracts under the Renting Homes ( Wales) Act 2016. Existing ASTs automatically became converted occupation contracts. For accelerated possession claims concerning residential premises in Wales, practitioners should use Form N5B Wales. For more detailed guidance, see Practice Note: Renting Homes (...

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PRECEDENTS

FORTHCOMING CHANGE : Royal Assent was granted to the Renters’ Rights Act 2025 on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions. How to use these drafting notes If a private landlord has given an assured shorthold tenant a notice under section 21 of the Housing Act 1988 ( HA 1988), a possession claim can be brought using Form N5 where the standard, rather than the accelerated, possession procedure is used. These drafting notes are intended solely for completing Form N5. The claim form should be issued once the section 21 notice has been served and has expired without the tenant leaving the property. For further guidance, see Practice Note: Assured and assured shorthold tenancies—terminating......

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PRECEDENTS

TOWN AND COUNTRY PLANNING ACT 1990 THE EXTINGUISHMENT OF VEHICULAR RIGHTS ON HIGHWAY [ insert highway description and number ] ORDER [ insert number ] (outside London) The Secretary of State, acting under the authority granted by section 249 of the Town and Country Planning Act 1990 (‘the Act’), issues this order......

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PRECEDENTS

[ To appear on the claimant’s solicitors’ headed paper ] Our ref: [ insert your file reference for this matter ] For the attention of [ RELEVANT NAME ] [ NAME OF DEFENDANT OR DEFENDANT’ S SOLICITOR IF KNOWN ][ ADDRESS LINE 1 ][ ADDRESS LINE 2 ][ POSTCODE ] [ DATE ] Dear [ insert organisation name ] LETTER OF CLAIM Re: [ PROSPECTIVE CLAIMANT’ S NAME ] and [ PROSPECTIVE DEFENDANT’ S NAME ] [ We refer to our previous letter dated [ insert date of previous correspondence ] ]. [ As you are aware, we OR We ] represent [ insert client’s full name ], of [ insert full address ]. This correspondence constitutes our client’s letter of claim, issued in line with the Practice Direction Pre- Action Conduct and Protocols within the Civil Procedure Rules (the ‘ Practice Direction’), and a copy is enclosed for ease of...

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PRECEDENTS

[ TO BE PRINTED ON THE CLAIMANT’ S SOLICITORS’ HEADED PAPER ] Our ref: [ insert your file reference for this matter ] For the kind attention of [ RELEVANT NAME ] [ NAME OF DEFENDANT OR DEFENDANT’ S SOLICITOR IF KNOWN ] [ 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 letter of [ insert date of previous correspondence, if any ] ] . [ As you are aware, we OR We ] act for [ insert client’s full name ], whose address is [ insert full address ]. This constitutes our client’s letter of claim issued in line with the Practice Direction Pre- Action Conduct and Protocols of the Civil...

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PRECEDENTS

[ To be printed on the claimant’s solicitors’ headed paper ] Our reference: [ insert your file reference for this matter ] For the attention of [ 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 letter of [ insert date of previous correspondence, if any ] ]. [ As you are aware, we OR We ] act for [ insert client’s full name ], of [ insert full address ]. This document constitutes our client’s letter of claim, issued in accordance with the Practice Direction Pre- Action Conduct and Protocols of the Civil Procedure Rules (the...

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PRECEDENTS

Comfort letter-non-binding This specimen non-binding comfort letter is intended for use alongside a facility agreement, where the borrower’s parent company offers assurance to the lender in relation to the borrower’s financial commitments. 'letter of comfort' 'letter of responsibility' The purpose of a non-binding comfort letter is to give the addressee confidence that the issuer will support the obligations of a third party (in this instance, the borrower). Its purpose is not to guarantee performance but to indicate the parent’s present intentions regarding support. This template is drafted to avoid creating a legally enforceable duty for the provider; ie, it sets out a moral undertaking rather than a legal obligation. Whether a comfort letter is binding depends on its precise wording, assessed against the relevant background and circumstances. In most cases, a comfort letter contains only statements of intention or policy and, as such, carries no legal force....

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PRECEDENTS

1 General details Internal SAR reference code [ Enter internal SAR reference code ] Client name [ Enter client name ] Date [ Enter date ] Client/matter reference code [ Enter client/matter reference code ] Internal SAR filed by [ Enter name of person who filed the internal SAR ] Person handling......

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PRECEDENTS

We conduct our operations with integrity. Together, we each share responsibility for keeping our business free from bribery and corruption. This FAQ, central to that mission, explains how we can reach our commercial objectives in a way that aligns fully with our determination to prevent bribery and corruption. It serves as a practical guide so we work collectively to keep our activities untainted. What is a facilitation payment? A facilitation (or grease) payment is an unofficial sum given to secure or accelerate the performance of routine, non-discretionary government actions. These are nominal amounts commonly paid to lower-level public or government employees to help speed up a legitimate, permitted process that might otherwise take much longer to complete......

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PRECEDENTS

We conduct our business [ es ] with integrity. It is up to all of us to ensure our business [ es ] remain [ s ] untainted by financial crime, including bribery and corruption, the facilitation of tax evasion, and fraud. This FAQ, central to that mission, sets out how we can pursue our objectives while staying true to this commitment... 1 Who are agents and intermediaries? Agents and intermediaries are external parties engaged to deliver services for or on behalf of [ insert organisation’s name ] or to act in our interests. They may include: business consultants; sales representatives; third parties appointed in connection with government-related work or activities; introducers, facilitators, or other third parties who may perform services for or on behalf of [ insert organisation’s name ] in any capacity. [ insert, eg Our Agents and...

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PRECEDENTS

1 General Name [ Enter the name of the assessor ] Job title [ Enter job title ] Date [ Enter date ] 2 Evaluation Are you content that suitable due diligence......

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PRECEDENTS

Agents and intermediaries Agents and intermediaries are third parties engaged to deliver services for or on behalf of [ insert organisation's name ] or to act in our interests. Working with agents/intermediaries raises concerns around bribery, corruption, fraud, facilitation of tax evasion and financial crime more broadly, as we can be held liable for criminal conduct by those agents/intermediaries. There is also a risk that financial crime issues may arise from actions taken by another party within a supply chain. Therefore, when we appoint anyone to act for us, we must ensure we understand the financial crime risks involved. In all cases, we should carry out thorough due diligence so that potential criminal risks are identified, considered and addressed. Online due diligence can be used both to gather information and to verify and validate details sourced elsewhere, including directly from the...

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PRECEDENTS

London Borough of [ insert name of Borough ], Town and Country Planning Act 1990 The Council of the London Borough of [ insert name of Council ] gives notice of its intention to make an order, under section 249 of the Town and Country Planning Act 1990 ( TCPA 1990), to authorise the ending of vehicular rights over [ insert description of highway where vehicular rights are to be extinguished ], more particularly identified and delineated on the plan in the Schedule 1 below......

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PRECEDENTS

This Flowchart acts as guidance for personnel involved in the anti-bribery and corruption due diligence process when appointing or overseeing agent or intermediary relationships......

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Popular documents

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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