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
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
[ 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 ]
[ 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
Dear [ insert client's name ] Re [ describe matter ] Thank you for asking us to attend [ insert name of court ] as your advocate, representing you at the [ insert type of hearing ] hearing in [ insert name of case ], [ but not ] covering any adjournment. This engagement letter and the accompanying Terms of Business set out the basis on which we will act for you—together they form the contract between us. If you have any difficulty understanding this letter or any other information we may provide, for example if you need it in larger text, a different format, or another language, please contact me. 1 Contact details and supervision Your matter will be overseen by [ insert name of person handling matter ], who is a [ insert status ]. Their contact details are: Telephone number: [ Insert...
Complete this note when giving legal advice, support or litigation services on an unbundled basis. You should already have made an attendance note for the initial client enquiry/instructions. If you handle the initial enquiry and deliver substantive advice or service simultaneously, use the: combined preliminary instructions and substantive service attendance note in that situation. A: Client details Client name [ Insert client name ] Matter reference [ Insert ] Fee-earner [ Insert ] Date [ Date ] B: Detailed instructions Parties [ Insert ] Background [ Insert ] Present status [ Insert ] What are the key issues in this matter? [ Insert ] What does the client want us to do? [ Insert ] ......
Complete this attendance note when handling an initial enquiry or taking first instructions on providing unbundled legal services. If you agree in principle to offer an unbundled service, then please use the form Unbundled legal services—attendance note for the substantive service to record the client’s substantive instructions and the service given. If you receive the initial enquiry and deliver the substantive advice or service at the same time, use Unbundled legal services—attendance note (combined preliminary instructions and substantive service)......
Use this attendance note when the client’s first enquiry/instructions arrive and you provide the unbundled service at the same time. Otherwise, prepare an initial instructions attendance note, then a distinct attendance note covering the substantive service. A: Client details Client’s name [ Insert client name ] Client reference number [ Insert client number ] Matter number [ Insert matter number ] Work details [ Insert work description ] Fee earner [ Insert fee earner name ] Supervisor [ Insert supervisor name ] Date [ Insert date ] B: Screening questions Concise overview of the client’s matter [ Insert description of client’s matter ] What would the client like you to do?......
Work through this checklist to confirm you have taken all essential steps to protect the firm and to act in the client’s best interests when delivering unbundled legal services... A: Client details Client name [ Insert client name ] Client number [ Insert ] Matter number [ Insert ] Fee earner [ Insert ] Supervisor [ Insert supervisor. Note: this checklist includes a requirement for supervisor approval ] B: Screening questions Requirement Yes/ No Have you discussed with the client: the nature of their matter how complex the matter is the outcomes they seek from instructing you on an unbundled basis any alternative funding sources? ☐ Yes ☐ No [ Indicate whether you have carried out this step, addressing all the above points. If not applicable, explain why. Add any further notes or comments as needed, but there is no need to...
Dear [ insert client's name ] Re [ describe matter ] Thank you for instructing us to provide [ advice OR assistance OR in connection with [ describe matter, eg the financial settlement of your divorce ]. This engagement letter, together with the enclosed Terms of Business, sets out how we shall act for you; taken together, they constitute the contract between us. If you have any difficulty understanding this letter or any other information we supply, for example if you need it in larger text, another format, or a different language, please contact me. 1 Contact details and supervision Your matter will be managed by [ insert name of person handling matter ], who is a [ insert status ]. Their contact details are: Telephone number: [ Insert telephone number ] Email address: [ Insert email address ] Postal address: [ Insert postal address ] The preferred way to contact [...
In [ insert ] Court Case no: [ insert ] between: [ insert parties ] Date of hearing: [ insert ] Type of hearing: [ insert ] We act on behalf of [ insert name of client ], the [ Claimant OR Defendant OR Respondent OR in these proceedings. Our remit is confined to appearing as advocate for the Claimant OR Defendant OR Respondent OR at the hearing on [ insert date ] [ not ] covering any adjournments. We are not instructed to manage the litigation......
This Agreement is made on [ date ] Parties [ Name of company ], a company registered in England with company number [ insert company number ] whose registered office is at [ address ] (the Company); and [ Name of employee ], of [ address ] (you)......
Applicant: [ NAME OF WITNESS ] First witness statement; Dated: [ insert ] — Exhibit: [ XX1 ] — Court ref. no: [ INSERT COURT REF. NUMBER ] [ IN THE HIGH COURT OF JUSTICE ] Business and Property Courts [ of England and Wales ] [ in [ INSERT LOCATION ] ] [ Company & Insolvency List ( Ch D) ] Or [ in the County Court at [ INSERT LOCATION ] ] [ Business and Property Courts List ] Or [ in the High Court of Justice ] [ Chancery Division ] In the matter of [ INVESTMENT BANK NAME ]; in the matter of the Investment Bank Special Administration Regulations 2011; and in the matter of the Insolvency Act 1986 WITNESS STATEMENT OF [ WITNESS NAME ] I, [ witness name ], being a director [ and chairperson ] of [ investment bank name ] of [...
[ To be prepared on the headed notepaper of the special administrators’ firm ] To all known clients [ Enter date ] [ name of Investment Bank ]—in special administration (the ‘ Investment Bank’) Please be advised that, on [ date ], my partner, [ name of other special administrator ], and I were appointed as Joint Special Administrators of the Investment Bank. A formal notice of appointment is enclosed......
[ INSERT NAME OF INVESTMENT BANK ] Minutes of the meeting of the board of directors of [ insert name of investment bank ] (the ‘ Company ’) convened at [ insert location ] on [ month ] [ year ] at [ time ] am/pm. PRESENT: NAME POSITION ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ IN ATTENDANCE: NAME POSITION ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ [ APOLOGIES FOR ABSENCE RECEIVED FROM: ................................ ................................] 1 Chairperson [ Name ] was appointed to chair the meeting. 2 Notice and quorum The chairperson confirmed that proper notice had been issued for the meeting and that a quorum was in attendance. Accordingly, the chairperson declared the meeting duly open......
[ Insert date ] Dear [ Company Secretary OR Board of Directors ] of [ Company ], Register of People with Significant Control—voluntary notice of registrable status We state we constitute a registrable relevant legal entity with significant control, as set out in section 790C of the Companies Act......
Register of People with Significant Control—voluntary notice of relevant change (transfer of shares) [ Insert date ] To the [ Company Secretary OR Board of Directors OR Designated Members ] of [ [ Company ] OR [ LLP ] ]: This correspondence serves to inform [ [ Company ] OR [ LLP ] ] of a pertinent......
[ Insert date ] To [ Company Secretary OR Board of Directors OR Designated Members ] of [ [ Company ] OR [ LLP ] ], Register of People with Significant Control—voluntary notice of relevant change (transfer of shares) This correspondence serves to inform the [ [ Company ] OR [ LLP ] ] of a relevant change......
[ Insert date ] Dear [ Company Secretary OR Board of Directors ] of [ Company ], Register of People with Significant Control—voluntary notice of registrable status Under section 790C of the Companies Act 2006, I am a registrable person with significant control, and I hereby affirm this......
To appear on the letterhead of the overseas company respondent [ Insert date ] For the attention of the Directors [ insert name of [ UK company ] ] Dear [ insert name of addressee ] Register of People with Significant Control—information concerning our interest in [ UK company ] I am hereby contacting you in relation to the changes introduced by Part 21A of the Companies Act 2006 (the Act), which......
[ Insert date ] Dear Members of [ LLP ], Register of People with Significant Control—voluntary notice of registrable status We hereby state that we are a registrable relevant legal entity exercising significant control, within section 790C of the Companies Act 2006 (the Act), in relation to [ LLP ]. Accordingly, we set out below details of our interest (as construed by Part 21A of the Act) in [ LLP ]: [ Name—ie corporate or firm name ] [ Registered or principal office address ] [ Legal form of the entity and the governing law ] [ If applicable, the companies register in which it is recorded (including details of the state) and its registration number on that register ] [ Date on which it became a registrable relevant legal entity in relation to [ LLP ] ] [ The nature of its control over [ LLP ] as set out in...
[ Insert date ] Dear Members of the Board of [ LLP ], Register of People with Significant Control—voluntary notice of registrable status I hereby state that I am a registrable individual exercising significant control, as set out in section 790C of the Companies Act 2006 (the Act), in......
STOP PRESS: THE NEW ELECTRONIC COMMUNICATIONS CODE CAME INTO FORCE ON 28 DECEMBER 2017. This precedent was prepared against the backdrop of the former Code, and its substance may still be pertinent for the transitional arrangements contained in the new Code. It remains useful context. The transitional arrangements in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, state that existing agreements under the former Code (ie an agreement under paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the former Code) will continue to have effect once the new Code commences, albeit with certain modifications. For added detail on the transitional arrangements, see: New Electronic Communications Code— Code rights— Transitional provisions ( Schedule 2 DEA 2017). For further information regarding the new Code, please consult Practice Notes: New Electronic...
Prepared regarding [ name of borrower ] (a limited company registered in England and Wales with company number [ company number ]) Prepared for [ name of lender ] By [ name of law firm ] Date: [ date ] 1 Scope This report addresses the validity and enforceability of the security held by [ name of lender ] (the Lender) in connection with the obligations of [ name of Borrower ] (the Borrower). We have evaluated the enforcement avenues open to you should you elect to pursue enforcement action. Definitions are provided in Appendix 1 to this report. Our analysis is based on the documents you supplied, as itemised in section 4, together with the searches described in Appendix 3. [ We have not undertaken a detailed review of the terms of any relevant loan facilities for the purposes of this report. If you require a review of the loan...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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...
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 ...
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 ]...