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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Most recent Precedents

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PRECEDENTS

1 General information Timeframe this report relates to [ Enter time period covered by this report ] Report compiled by [ Enter name ] Report date [ Enter date ] 2 Pro bono activity in the last [ insert period ] What is the number of individual pro bono matters we handled? [ Enter total and list each pro bono matter addressed in this period ] How many pro bono initiatives or clinics did we support? [ Enter total and list each initiative or clinic undertaken in this period ] Were there any significant results from these matters, initiatives, or clinics? ☐ Yes — give details ☐ No How many staff members engaged in pro bono activity during this period? [ Enter number of staff ] What is the total number of hours our staff devoted to pro bono...

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PRECEDENTS

Your feedback is extremely valuable to us and will help us refine our pro bono programme. Please complete this survey and return it to [ insert to whom the completed survey should be returned ]. Be assured that all responses are strictly confidential and can be submitted without your name. If you would like to share your name, or discuss any element of our pro bono programme, please fill in section 4. 1 Our pro bono programme Are you aware of any pro bono cases, projects, or initiatives we have supported over the past 12 months? ☐ Yes — if yes, please enter details ☐......

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PRECEDENTS

Dear [ insert expert’s name ] Re: [ insert name of client and the client’s date of birth (address and telephone number should be provided separately for the appointment arrangements) ] Date of accident: [ insert date of accident ] Thank you for consenting to prepare a report in this matter. We represent the above individual regarding injuries sustained in an accident that took place on the date noted above. Documentation To aid the preparation of your report, we enclose the following documents: [ list documents enclosed with instructions eg GP records, ambulance, hospital records, etc ] [ We are in the process of obtaining our client’s GP, ambulance service and hospital notes and records and will send them to you once received. OR We enclose an agreed, indexed and paginated set of notes and records prepared with the Defendants. ] Your...

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PRECEDENTS

Dear [ Insert ] Re: [ Name of Client/ Name of Claimant ] As set out in the Court timetable we supplied, you are obliged by the court to hold a discussion about this matter with [ Insert eg the claimant’s/defendant’s expert ] for the purposes described in the Rules ( CPR 35.12). The aims of discussions between experts are to: pinpoint and examine the specialist issues arising in the proceedings; form shared conclusions on those issues where possible and, if not, narrow the issues; set out the points on which they agree and disagree, and summarise the reasons for any disagreement on any point; indicate what steps, if any, may assist in resolving any outstanding issues between the parties. These discussions are not intended to settle the proceedings......

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PRECEDENTS

The individual responsible for deciding how to handle the residual balance in question should complete this form. 1 Client and matter Name of client (if known) [ [ Insert ] OR ☐ Not known ] Client reference (if known) [ [ Insert ] OR ☐ Not known ] Matter reference (if known) [ [ Insert ] OR ☐ Not known ] Fee earner (if known) [ [ Insert ] OR ☐ Not known ] Description of matter to which the residual balance relates (if known) [ [ Insert ] OR ☐ Not known ] Is the file available to check? ☐ Yes ☐ No ☐ Not known 2 Money held Amount of residual balance £[ insert ] How long have the funds been held? [ [ Insert ] OR ☐ Not known ] Is the money held in a client account?......

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PRECEDENTS

[ company name ] Special administration date: [ date ] Client’s details: Full name: [ enter name ] Client account no.: [ account number ] Address: [ enter address ] Email address: [ enter email address ] Total sum owed to the client as at the special administration order date: [ amount ] Account number Claim’s original currency Claim value: (a) in the original currency (b) in sterling ( GBP), £ Sum of claim for voting purposes (sterling) £ Note: You do not need to complete this form if you have already agreed your final statement or have submitted a Final Statement Query Form......

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PRECEDENTS

[ company name ] Date of special administration [ date ] Creditor’s name and address [ name, address and registered number ] Gross amount due to creditor at date of special administration order [ inclusive of VAT ]: £ Where the figure above contains any outstanding, not capitalised interest, please specify the amount: Deduct: (a) any later payment on account (b) any later credit notes (c) the estimated worth of any security held (d) the estimated value of any retention of title rights......

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PRECEDENTS

£ [ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes 20[ insert year ] [ insert name of issuer ] Dated [ insert day and month ] 20[ insert year ] Parties [ Insert name of issuing company ], incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] (the Issuer) Background The Issuer has determined to create up to a maximum nominal amount of £[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes, to be constituted as set out in this document......

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PRECEDENTS

Working environment Ventilation — Is the area supplied with adequate fresh or purified air? Compliant? Yes/ No/ Not applicable. Required action: [ Note any actions needed] Ambient temperature — Is the workspace at a reasonable, comfortable temperature? Compliant? Yes/ No/ Not applicable. Required action: [ Note any actions needed] Cleanliness — Is the area clean to a suitable standard? Compliant? Yes/ No/ Not applicable. Required action: [ Note any actions needed] Sufficient space — Is there ample floor area, height and free space for health, safety and welfare, with room to change position and move around? Compliant? Yes/ No/ Not applicable. Required action: [ Note any actions needed] Noise — Are sound levels comfortable? Compliant? Yes/ No/ Not applicable. Required action: [ Note any actions needed] Obstructions — Are floors and traffic routes clear of...

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PRECEDENTS

[ IN THE COUNTY COURT SITTING AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] AT [ [ INSERT LOCATION ] DISTRICT REGISTRY ] ] Claim no. Parties AB – Claimant (1) C D – First Defendant (2) X Y INSURANCE PLC – Second Defendant PARTICULARS OF CLAIM Throughout the relevant period, the Claimant was the owner and driver of a [ insert description of vehicle ], [ insert registration ] (“the car”), whilst the First Defendant was driving a [ insert description of vehicle ], [ insert registration ] (“the van”). For all material times, the van benefited from a motor insurance policy issued by the Second Defendant (“the policy”). Consequently, the Claimant is entitled to, and does, pursue the Second...

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PRECEDENTS

IN THE [ INSERT NAME OF COURT ] Claim no. Parties AB Claimant and (1) C D First Defendant (2) MOTOR INSURERS’ BUREAU (acting through its agent X Y INSURANCE PLC) Second Defendants PARTICULARS OF CLAIM Throughout the material period, the First Defendant drove a vehicle [ insert description ], [ insert registration ] (“the vehicle”), whilst the Claimant was travelling as a passenger therein. The Second Defendant (the “ MIB”) is a company limited by guarantee within the Companies’ Acts. Under an Agreement with the Secretary of State dated 3 July 2015 (the “ Agreement”), MIB provides compensation, in specified circumstances, to persons who suffer injury or damage arising from the negligence of an uninsured motorist. The Claimant has taken all reasonable steps to identify the insurer and any liability in respect of the First Defendant and, as at the commencement of these...

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PRECEDENTS

[ To be produced on the employer’s letterheaded stationery ] [ Insert employee’s name and address ] [ Insert date ] delivered by hand Dear [ insert name ] Termination of employment Further to the meeting held on [ insert date ] [ , at which you were accompanied by [ insert name ], ] [ and our discussion earlier today, ] I am writing to [ advise you OR confirm ] that [ insert name of Employer ] has resolved to rely on its entitlement under clause [ insert clause number of provision dealing with summary termination ] of your [ service agreement OR contract of employment ] dated [ insert date ] (in this letter referred to as the [ ‘ Service Agreement’ OR ‘ Contract’ ]) to end your employment with immediate effect, without notice or any payment in lieu of notice, by...

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PRECEDENTS

Income Payments Agreement This Agreement is entered into by: [ FULL NAME ] of [ ADDRESS ] (the Bankrupt) [ FULL NAME ] of [ FIRM AND FIRM’ S ADDRESS ], serving as [ joint ] trustee of the Bankrupt’s estate, together with any successor[ s ] in office, without personal liability (the Trustee) Background On [ DATE ], the [ COURT ] made a bankruptcy order against the Bankrupt under case number [ CASE NO ]; on [ DATE ], the Trustee was appointed to act as trustee of the Bankrupt’s estate. The Bankrupt has supplied the Trustee with a statement of monthly income and expenditure and, having considered the reasonable domestic needs of the Bankrupt and [ his OR her OR family ], the Trustee is of the view that the Bankrupt has surplus monthly income that can be claimed for the benefit of the...

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PRECEDENTS

This Agreement is entered into on [ insert date ] of [ insert month ] [ insert year ] by and between: [ insert name ], of [ insert address ] (' Council '); [ insert name ], of [ insert address ] (' County Council '); [ insert name ], a company duly incorporated and registered in [ insert details ] under number [ insert details ], whose registered office is at [ insert address ] (' Developer '); [ Additional parties as necessary eg owner, landlord, mortgagee, option holder etc. ] (' [ insert additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] '). Recitals The Council is the local planning authority for the purposes of section 106 of the 1990 Act for the area within which the Land is situated and is the body by whom the...

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PRECEDENTS

Frequently Asked Questions—clients, investors or trade creditors These FAQs are provided solely for guidance in relation to the Special Administration of [ insert company ] and the Investment Bank Special Administration ( England and Wales) Rules 2011, SI 2011/1301. You should seek your own legal and other professional advisers for advice in relation to your claim. General FAQs What is a special administration? The Investment Bank Special Administration Regulations 2011, SI 2011/245 were brought in to enhance the process when an investment bank collapses or fails. [ Set out the distinctions from ordinary administration, the statutory objectives underpinning a special administration, the possibility of forming a creditors' committee, together with how costs are to be met in practice, eg the costs and expenses of returning client assets are to be paid out of relevant client assets and other costs and...

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PRECEDENTS

[ TO BE TYPED ON THE HEADED NOTEPAPER OF THE SPECIAL ADMINISTRATORS’ FIRM ] TO ALL KNOWN CREDITORS [ ENTER DATE ] [ name of Investment Bank ]—in special administration (the ‘ Investment Bank’) I am writing to inform you that I was appointed Joint Special Administrator of the Investment Bank on [ date ], together with my colleague, [ name of other special administrator ]. A formal notice of our appointment accompanies this letter. In accordance with the Investment Bank Special Administration Regulations 2011, SI 2011/245 (the ‘ Regulations’), the purpose of the special administration is to pursue the following objectives: secure the return of client assets as soon as reasonably practicable maintain prompt engagement with market infrastructure bodies and the authorities pursuant to Regulation 13; and to either: rescue the...

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PRECEDENTS

You have lately visited or got in touch with us in your role as a director of a company facing significant financial strain. This letter aims to highlight certain matters you should note in your capacity as a company director and in your personal role as a director of the business concerned. Where a company remains solvent and free from financial worry, the business and its directors generally owe only limited obligations to creditors, broadly speaking. In that situation, duties owed to shareholders take priority. By contrast, in particular once a company is insolvent, or approaching that position in the ‘twilight zone’, directors’ obligations move from shareholders to creditors. You must recognise this shift and conduct yourself accordingly. In light of the above, as a director of a company in financial difficulty you will be required to make challenging choices about how the company is run and,...

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PRECEDENTS

To The Judge In [ insert ] Court case number: [ insert ] between: [ insert parties ] Hearing date: [ insert ] Type of hearing: [ insert ] We are instructed by [ insert name of client ], the [ Claimant OR Defendant OR Respondent OR ] in the above proceedings. Our instructions are limited to representing the Claimant OR Defendant OR Respondent OR as advocate at the hearing on [ insert date ] [ , but not ] covering any further adjournments......

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PRECEDENTS

Client care letter contains Yes/ No A precise and unequivocal outline of the work included under the retainer Yes/ No A clear and unmistakable explanation of the work that will not be included in the retainer, eg you will not prepare/file/serve the court bundles, and will not go on the court record Yes/ No Any limits on the services you are providing, eg: —all advice is based on the law as it applies at the time the client provides instructions, ie we......

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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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