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

To: The Directors [insert company name] [ LTD OR PLC] [insert address] [insert date] Dear [ Directors OR Secretary] [insert company name] [ LTD OR PLC] (the Company) – registered number: [insert number] Pursuant to section 519 of the Companies Act 2006, we set out the grounds on which we are stepping down from office as the Company’s auditor: [insert details of the reasons for the auditor ceasing to hold office] In accordance with section 519 of the Companies Act 2006, the matters linked to our departure that, in our view, should be drawn to the attention of the Company’s members or creditors are: [insert details of the matters connected with the auditor ceasing to hold office that the auditor considers need to be brought to the attention of the company’s members or creditors] Or: There are no matters connected with our ceasing to hold office that we...

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PRECEDENTS

[ Name of Traffic Authority ] Public [ Highway or Public Right of Way ], [ Location i.e. Town, Village, Parish ] ( Temporary Restriction on Through Traffic) Order [ Year ] Section 14(1) Road Traffic Regulation Act 1984......

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PRECEDENTS

[ Insert name and address of client ] Private and confidential Dear [ insert name ] [ Insert name ] ( Company) Redundancy consultation process Further to our [ meeting OR conversation ] on [ insert date ], I am writing to set out the redundancy consultation steps that must be followed in this matter to satisfy statutory consultation obligations and employment protection legislation, together with the possible ramifications of any failure to meet those obligations. This note proceeds on the basis that [ , as we discussed ]: there is no requirement to provide any enhanced redundancy pay; you do [ not ] have suitable [ trade union OR employee ] representatives in place for employees affected by the proposed redundancies; and [ the Company is proposing to dismiss 20 or more employees [ at any one of the Company’s establishments or business units ] within a 90-day period, in this round of...

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PRECEDENTS

1 Pricing governance and policy analysis 1.1 Questions This pricing capability analysis allows us to rigorously examine our pricing capability and resourcing to pinpoint opportunities for enhancement. Scoring should be frank and mirror the current reality, not our preferences or what we think it should be. Question statement Score: 10 = strongly agree; 1 = strongly disagree Comments An effective pricing partner/manager/director holds clear, recognised accountability for all pricing matters. Our pricing committee operates effectively. Pricing policies, processes and practices are well developed, clearly defined and consistently enforced. Pricing policies are applied even‑handedly across the firm, covering partners as well as non‑partners. There are robust controls over write‑offs made by partners. There are robust controls over write‑offs made by non‑partners. Fee rate discounts approved by partners are subject to strong controls. Fee rate...

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PRECEDENTS

Summary Despite extensive initiatives to curb them, slavery and human trafficking continue to present significant challenges across global commerce. As you will be aware, since the Modern Slavery Act 2015 ( MSA 2015) took effect, our legal duties to address slavery and human trafficking within our business and supply chain have increased markedly. Enclosed for your consideration and sign-off is the draft annual slavery and human trafficking statement that the [ company OR firm ] is required to publish under the MSA 2015. The statement, covering all our business [ es ], opens with a brief message from [ insert name of relevant individual ] affirming our commitment to stopping modern slavery and human trafficking within our business [ es ] and supply chains, and to holding our suppliers to the same rigorous standards......

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PRECEDENTS

From [ insert name/job title ] [ name ] [ date ] Slavery and human trafficking continue to pose significant global problems, notwithstanding substantial initiatives to stop them. The Home Office characterises modern slavery as a crime that represents an appalling violation of human rights. It is an ethical and moral duty we act to make sure we are not connected to slavery and human trafficking in any way whatsoever, whether directly or indirectly......

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PRECEDENTS

[ ON THE HEADED NOTEPAPER OF CLAIMANT’ S SOLICITORS ] Our ref: [ insert your file reference for this matter ] FAO: [ INSERT RELEVANT NAME ] [ NAME OF DEFENDANT SURVEYOR ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert name ] [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] LETTER OF CLAIM [ We refer to our correspondence dated [ insert date of your preliminary notice of claim, if sent ]. That correspondence comprised a preliminary notice of claim issued pursuant to the Pre- Action Protocol for Professional Negligence, which required your acknowledgement by [ insert date ]. ] [ We note receipt of your letter dated [ insert date ] acknowledging the preliminary notice. [ However, we still require confirmation that your professional insurers have been notified of the circumstances surrounding our client’s claim against you. Please also...

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PRECEDENTS

[ ON THE HEADED NOTEPAPER OF CLAIMANT’ S SOLICITORS ] FAO [ [ APPROPRIATE DIRECTOR ] ] [ NAME OF DEFENDANT BROKER ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert organisation name ] [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] Preliminary notice of claim We act for and represent our client [ insert client’s name ]......

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PRECEDENTS

Response to your letter before claim in proposed judicial review proceedings Dear [ insert name ] [ Claimant OR Your Client ]: [ insert proposed Claimant’s full name ][ Defendant OR Our Client ]: [ insert proposed Defendant’s full name ] [ This [ firm OR department ] represents [ insert Defendant’s full name ] ]. We acknowledge your letter before claim dated [ insert date of the letter before claim ], received at our office on [ insert date of receipt ]. This correspondence serves as our [ client’s ] formal reply in accordance with the Pre- Action Protocol for Judicial Review. We follow the model layout for responding to a letter before claim, as outlined in Annex B of the Pre- Action Protocol for Judicial Review. The Claimant: [ Insert name of the Claimant ] of [ Insert the address of the...

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PRECEDENTS

This Agreement is entered into on [ date ]. Parties [ Customer ], a company incorporated in [ England ] with registered number [ company number ], whose registered office is at [ address ] ( Customer); and [ Supplier ], a company incorporated in [ England ] with registered number [ company number ], whose registered office is at [ address ] ( Supplier). Each of the Customer and the Supplier is a party; together, the Supplier and the Customer are the parties. BACKGROUND The Customer intends to delegate to the Supplier the delivery and oversight of its [ describe function ] services. At present, the Customer’s needs are met [ internally OR by an associated company ] [ by insert name of existing supplier ]. The Supplier has expertise in designing, developing and deploying [ describe function ]...

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PRECEDENTS

This Agreement is entered into on [ date ] Parties [ Customer ], a company incorporated in [ England ] under registered number [ company number ], whose registered office is at [ address ] ( Customer); and [ Supplier ], a company incorporated in [ England ] under registered number [ company number ], whose registered office is at [ address ] ( Supplier), Each of the Customer and the Supplier is a party and, together, the Customer and the Supplier are the parties. BACKGROUND The Customer intends to outsource the delivery and management of its [ describe function ] services to the Supplier. The Supplier is skilled in the design, development and implementation of [ describe function ] services and has accepted responsibility for providing and managing the relevant portion of the Customer’s functions. The Supplier has agreed to supply the...

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PRECEDENTS

This Precedent is for the Notice This Notice applies where an Order has been made to permanently extinguish or re-route public rights of way, namely footpaths, bridleways or restricted byways, in order to enable development to proceed for the purposes of permitting development to take place. The Notice is prepared pursuant to section 257 of the Town and Country Planning Act 1990 and paragraph 1 of Schedule 14......

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PRECEDENTS

Stop press: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 put the outstanding elements of the Data ( Use and Access) Act 2025 ( DUAA 2025) into effect. This completes commencement of the DUAA 2025, as the last outstanding sections take effect on the dates noted above. Measures concerning subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement take effect from 5 February 2026, while measures on penalty notices and complaints apply from 19 June 2026. For further detail and guidance, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Precedent will soon be revised to reflect these updates. [ Enter name and address of employer ] Dear [ enter name ] Draft approved apprenticeship agreement Please find enclosed a draft apprenticeship agreement for you to...

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PRECEDENTS

[ Insert name and address of client ] Private and confidential Dear [ insert name ] [ Insert company name ] ( Company) : Redundancy consultation process Further to our [ meeting OR conversation ] on [ insert date ], I am hereby setting out the redundancy consultation steps that must be undertaken in this matter in order to comply with employment protection legislation......

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PRECEDENTS

[ To be printed on the employer’s letterheaded paper ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) After the [ two ] consultation meeting [ s ] we have held, I am sorry to confirm your selection for redundancy. As previously outlined, the basis for your redundancy is [ specify business reasons as set out in first letter ]. During the [ second ] consultation meeting we covered [ set out what was discussed and the Company's response to any comments and/or suggestions made ]. Every possible measure to avert redundancy and all alternative roles have been explored, but regrettably none are [ suitable AND/ OR available ]......

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PRECEDENTS

[ To be typed on the employer’s headed notepaper ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) Further to our meeting on [ insert date ], and notwithstanding the measures we took to try to prevent this [ including specify reasons ], the Company is now facing a redundancy situation because [ specify business reasons for redundancy eg the Company has decided to withdraw from the French market ]. Accordingly, we have concluded that the position of [ insert job title ] will come to an end. As [ you are the sole employee with responsibilities for that market OR you are the only person undertaking the duties of [ insert job title ] OR [ insert explanation ] ], you are the only employee included in the selection pool for...

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PRECEDENTS

Introduction This legal due diligence questionnaire concerns the intended acquisition by [ insert buyer name ] (the Buyer) of all issued share capital in [ insert name of target company ], incorporated in England and Wales under number [ insert company number ] (the Company), from [ insert seller name ] (the Seller) (the Proposed Acquisition). It is intended to assist the Buyer, the Buyer’s solicitors and other professional advisers engaged on the Proposed Acquisition in gathering the information the Buyer needs regarding the Company’s or its Group’s employee benefit trust(s) ( EBTs), so as to support the valuation of the Company and the appraisal of risks connected with the Company’s EBT(s) (including any employee ownership trusts ( EOTs)). Kindly respond to every question in full and without omission. Set out your replies in italics directly beneath each question and supply copies of all...

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PRECEDENTS

[ We are at a point in your matter where OR As your matter has now been finalised ], we consider it would be in your best interests to [ specify what you wish to introduce the client for ] Relationship with [ name of separate business ] [ Set out the exact nature of the relationship between the firm and the separate business, e.g. The partners in this firm hold 50% of the shares in [ name of separate business ] ]......

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PRECEDENTS

[ TO BE PRINTED ON THE CLAIMANT SOLICITORS’ LETTERHEAD ] Our ref: [ add your file reference for this matter ] FAO: [ ADD RELEVANT NAME ] [ NAME OF DEFENDANT BROKER ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ add name ] [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] LETTER OF CLAIM [ We refer to our correspondence dated [ add date of your preliminary notice of claim, if sent ]. That correspondence constituted a preliminary notice of claim under the Pre- Action Protocol for Professional Negligence and sought an acknowledgement by [ add date ]. ] [ We acknowledge receipt of your letter dated [ add date ] confirming receipt of the preliminary notice. [ Nevertheless, we still await confirmation that your professional insurers have been notified of the circumstances of our client’s claim against you. We also ask...

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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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