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
[ ON THE LETTER- HEADED PAPER OF THE CLAIMANT’ S SOLICITORS] FAO [ CLIENT PARTNER OR SENIOR PARTNER ] [ NAME OF DEFENDANT ] [ 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 our client, namely [ insert client’s name ]......
1 Submission details [ Provide organisation name ] [ Provide date ] 2 Executive summary [ Provide a compelling overview that cites central aspects within this risk management submission ] 3 Overview of [ insert firm name ] [ Describe the organisation’s history—its roots, progress, and direction: where has it come from, and what next? ]......
Company number: [ insert number ] The Companies Act 2006 Private company limited by SHARES Written resolution[s] of [ insert company name ] Limited (the Company) Circulated on [ insert circulation date ] In accordance with Chapter 2 of Part 13 of the Companies Act 2006, the director[s] of the Company put forward that [the following resolution[s] be approved as [an OR a] [ordinary OR special] resolution[s]: OR that resolutions [ insert number(s) ] below be approved as [an] ordinary resolution[s] and that resolution[s] [ insert number(s) ] below be approved as a special resolution[s]:] Ordinary resolution[s] [ insert text of resolution(s) ] Special resolution[s] [ insert text of resolution(s) ] Please read the explanatory notes at......
1 Equality and diversity Equality Laws • denotes the Equality Act 2010, every statutory code made under it (together with any additions to it) [ plus relevant guidance issued by the Equality and Human Rights Commission ] [ along with all other applicable UK legislation, statutory instruments and rules concerning equality and diversity ] [ and any comparable......
[ ON THE HEADED NOTEPAPER OF CLAIMANT’ S SOLICITORS] FAO [ [ CLIENT PARTNER OR SENIOR PARTNER ] ] [ NAME OF DEFENDANT FIRM ] [ 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 on behalf of our client [ insert client’s name ]......
[ To be printed on the claimant solicitors’ headed paper ] Our reference: [ insert your file reference for this matter ] FAO: [ CLIENT PARTNER OR SENIOR PARTNER ] [ NAME OF DEFENDANT FIRM ] [ 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 again to our correspondence dated [ insert date of your preliminary notice of claim, if sent ]. That correspondence comprised a preliminary notice of claim issued under the Pre- Action Protocol for Professional Negligence and required an acknowledgement by [ insert date ]. ] [ We note receipt of your letter dated [ insert date ] acknowledging receipt of the preliminary notice. [ That said, we still await...
Date [ date ] Parties [ name of Fund ], of [ address ] or, alternatively, incorporated in England and Wales (company registration number [ number ]) with its registered office at [ address ] (the Fund) [ name of Developer ], of [ address ] or, alternatively, incorporated in England and Wales (company registration number [ number ]) with its registered office at [ address ] (the Developer) [ name of Guarantor ], of [ address ] or, alternatively, incorporated in England and Wales (company registration number [ number ]) with its registered office at [ address ] (the Guarantor) The parties identified above enter into this Agreement on the stated date, with roles and definitions to be applied throughout as set out herein…...
Definitions Core expressions include Additional Service, Anti-bribery Laws (including BA 2010), Codes of Practice, Legislation, Occupier, Occupation Agreement, Services, Termination Event, VAT and Working Day. Appointment and Duties The Owner appoints an independent Property Manager to provide the Services with appropriate skill, care and diligence, in line with good estate management and the Codes of Practice, always acting in the Owner’s best interests. Authority and Fees The Property Manager may act for the Owner within approved limits, engage specialists where reasonably necessary, and must obtain consent for material matters. Fees track recoverable service charge provisions; Additional Services are separately agreed and all fees are subject to VAT against a valid invoice. Insurance and Liability The Property Manager maintains professional indemnity and public liability insurances and indemnifies the Owner for losses arising from any breach, negligence, misconduct or...
Company name: [ Insert company name ] Name and role of the individual(s) completing the risk assessment: [ Insert name and position ] Assessment date: [ Insert date ] 1 Introduction 1.1 To gauge the extent of modern slavery and human trafficking risk within our organisation, we have evaluated the aspects of our business and supply chains most exposed to such practices, namely: 1.1.1 sector-specific risks; 1.1.2 our suppliers; 1.1.3 the use of recruitment agencies; 1.1.4 recruitment practices overall; 1.1.5 [ performance and output targets; 1.1.6 location-based risks; 1.1.7 risks arising from transactions; and 1.1.8 [ insert any other relevant risks you have identified ]. ] 1.2 [ We received support from [ name of external consultants ] in conducting the assessment. ] 1.3 [ As part of the assessment, we consulted the following stakeholders via [ insert brief details of...
Company Contact details Date added to approved list Review due date [ Enter, e.g. KMF Recruitment Ltd ] [ Provide, e.g. name, address, telephone and email ] [ Enter date ] [ Enter date ] [ Enter name ] [ Provide contact details ] [ Enter date ] [ Enter date ] [ Add name ] [ Supply contact details ] [ Add date ] [ Add date ] [ Input name ] [ Supply contact details ] [ Input date ] [ Input date ] [ Enter name ] [ Provide contact details ] [ Enter date ] [ Enter date ] [ Add name ] [ Provide contact details ] [ Add date ] [ Add date ] [ Enter name ] [ Supply contact details ] [ Enter date ] [ Enter date ] [ Add...
Supplier to fill in and send back to [ insert details ], along with any referenced supporting documents, policies and procedures. General Company name [ Insert ] Vendor/ Reference number [ Insert ] Your name [ Insert ] Your job title [ Insert ] Telephone number [ Insert ] Email address [ Insert ] Site/location: Geographical location of your main employment site(s) [ Insert ] Management structure description [ Insert ] Staff: Total number [ Insert ] Gender split [ Insert ] Age range [ Insert ] Nationalities (including approximate %) [ Insert ] Languages spoken [ Insert ] Is accommodation offered to staff?......
1 Supplier details Company name: [ Insert company name ] Vendor/reference number: [ Insert vendor/reference number ] Individual finalising the risk assessment: [ Insert name ] Date of the risk assessment: [ Insert date ] 2 Country of supplier We evaluated the modern slavery and human trafficking risk associated with the geographical locations where the supplier operates, as outlined below: Risk category | Risk weighting | Response | Score | Weighted score Listed by Freedom House as ‘not free’ [ Insert percentage, eg 15% ] [ Insert answer, eg The supplier operates in Indonesia, which is not included on the ‘not free’ list ] [ Insert score, eg 0 ] [ Insert weighted score, eg 0 ] Listed by Freedom House as ‘partly free’ [ Insert percentage, eg 15% ] [ Insert answer, eg Yes ] [ Insert score, eg 10 ] [...
[ Insert organisation name ] is committed to preventing modern slavery and human trafficking within our organisation and to addressing the risk of it arising in our supply chain. This policy outlines the measures we will pursue and sets out what we expect from our staff and the third parties we work with. 1 What is slavery? 1.1 The Modern Slavery Act ( MSA) 2015 covers four activities: Slavery – exercising powers of ownership over an individual. Servitude – where the obligation to provide services is imposed through coercion. Forced or compulsory labour – work or services demanded under the threat of a penalty, without the person having offered themselves freely. Human trafficking – arranging or facilitating another person’s travel with the intention of exploiting them. 1.2 This policy applies to all four activities. 2 Identifying slavery 2.1 There is no typical victim, and some individuals may not realise they have been...
That: the [ insert name of company ] plc [ Savings- Related OR Save- As- You- Earn OR Sharesave ] Share Option Scheme (the Scheme), in the form of the Scheme rules available for inspection before and during the meeting, the key terms of which are set out in a circular to shareholders dated [ insert date ], be approved; and the directors be authorised to: take all steps required to adopt and implement the Scheme; and [ establish further plans derived from the Scheme, adjusted for use in any overseas jurisdictions to reflect local tax, exchange control or securities laws, on the basis that any ordinary shares made available under any such plans are counted towards any limits on individual or overall...
This Agreement is made on [ insert date ] Parties [ Insert Employer’s name ], whose registered office is at [ insert Employer’s address ], company registration number [ insert Employer’s company number ] ( Employer); [ Insert Employee’s name ] of [ insert Employee’s address ] (you). The parties agree: Termination of employment 1.1 Your employment with the Employer [ will terminate OR terminated ] owing to [ insert reason for termination ] on [ insert date ] ( Termination Date). 1.2 For the period up to and including the Termination Date, you [ will be OR have been ] paid your accrued basic salary (less deductions for income tax and primary class 1 (employee) National Insurance contributions ( PAYE Deductions )) and [ will have OR have ] received your contractual benefits [ , including a payment of £[ insert amount ] in...
date [ date ] Parties [ name of Company ], either of [ address ] or incorporated in England and Wales (company registration number [ number ]), with its registered office at [ address ] ( Company) [ name of Development Manager ], either of [ address ] or incorporated in England and Wales (company registration number [ number ]), with its registered office at [ address ] ( Development Manager) 1 Definitions In this Agreement, the following meanings apply: Additional Development Fee – any extra sum due from the Company to the Development Manager for an Additional Service; Additional Service – any further service that the Company instructs the Development Manager to provide in accordance with clause 10; Anti- Bribery Laws – BA 2010 [ and any other Legislation relating to the prevention of bribery or corruption ] [...
[ ON THE LETTERHEADED PAPER OF THE CLAIMANT’ S SOLICITORS] For the attention of [ MANAGING PARTNER] [ NAME OF THE DEFENDANT ACCOUNTANT ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert organisation’s name ] [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] Preliminary notice of claim We act for our client [ insert client’s name ].......
[ ON THE HEADED NOTEPAPER OF CLAIMANT’ S SOLICITORS ] Our reference: [ insert your file reference for this matter ] FAO: [ INSERT RELEVANT NAME ] [ NAME OF DEFENDANT ACCOUNTANT ] [ 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 was a preliminary notice of claim issued under the Pre- Action Protocol for Professional Negligence, and required an acknowledgement by [ insert date ]. ] [ We acknowledge receipt of your letter dated [ insert date ] which acknowledges the preliminary notice. [ Nevertheless, we still await confirmation that your...
This Reaffirmation Agreement is dated [ insert date ] Parties [ Insert Employer’s name ], whose registered office is at [ insert Employer’s address ], company registration number [ insert Employer’s company number ] (‘ Employer’). [ Insert Employee’s name ] of [ insert Employee’s address ] (‘you’). The parties agree as follows: 1 Settlement agreement The parties enter into this Reaffirmation Agreement pursuant to Clause [ insert number ] of the settlement agreement between them dated [ insert date ] (‘ Agreement’). Unless stated otherwise, terms and expressions in this Reaffirmation Agreement carry the same meanings as in the Agreement [ save that, in this Reaffirmation Agreement, ‘ Adviser’ means [ insert name of Adviser ] of [ insert name of Adviser’s firm/organisation ] of [ insert address ] ]. This Reaffirmation Agreement is concluded in...
[ Place within operative provisions of settlement agreement: ] 1 Reaffirmation agreement 1.1 By or within [ insert number ] days following the Termination Date, you shall execute a Reaffirmation Agreement with the Employer in the form specified in Schedule [ insert number ] and shall ensure that the Adviser (or another appropriate independent adviser as defined by section 203(3A) of the Employment Rights Act 1996) signs an adviser certificate......
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 ]...