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
Add the following new definitions in Article 2.1: Accounts • means, for each financial year of the Company, the audited [ consolidated ] balance sheet together with the profit and loss accounts of the Company and its subsidiary undertakings, prepared on the historical cost basis and in line with generally accepted accounting principles and all applicable accounting standards, Statements of Standard Accounting Practice, Financial Reporting Standards and Statements of Recommended Practice; After Tax Profit • means the amount of the profit [ (including any unrealised profits) ] of the Group for the relevant financial year (as shown by the Accounts): (a) before any provision or reserve has been made for or in respect of: i the payment of any dividend or other distribution on or in respect of any Shares or the transfer of any sum to reserves; ii the redemption of the [...
ARCHIVED: This Precedent is archived and is no longer maintained. STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) are now in force. Procurements commenced on or after that date must proceed under PA 2023, while those started under earlier legislation (the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed in accordance with that regime. See the Practice Note: Introduction to the Procurement Act 2023— PA 2023. Market Sounding Questionnaire 1 Background This market sounding questionnaire concerns the Authority’s anticipated requirement for [ insert description of goods, services or works ]. All interested parties are invited to reply by completing the attached questionnaire and submitting it in line with the...
[ On headed notepaper of solicitor ] Strictly private and confidential To: [ insert nominated adviser name ][ insert nominated adviser address ] Date: [ insert date ] Dear [ insert text ] [ Full name of company ] (the Company) — Admission to trading on AIM We write regarding the proposed admission of the entire issued and to be issued share capital of the Company to trading on AIM ( Admission) (the Application). For the purposes of the Application, an admission document dated [ insert date ] (the Admission Document) has been produced, containing the particulars required for an admission document pursuant to Rule 3 and Schedule Two of the AIM Rules for Companies (the AIM Rules). Unless the context dictates otherwise, terms and expressions defined in the Admission Document carry the same meanings when used in this letter. We act as the Company’s solicitors in relation to the...
How to use this test These questions check your understanding following your attendance at training on our risk management procedures. When you have completed the test, please return it to [ insert name ]... General Name of person completing the test [ Insert name ] Role [ Insert role ] Date [ Insert date ] Multiple choice questions Ring the correct answer. What do we mean by risk? (a) A hazard (b) A financial loss (c) The possibility of an adverse/unwelcome outcome (d) A regulatory breach How do we identify risks? (a) By...
Question Correct answer What is our definition of risk? (c) The chance of an adverse or unwelcome outcome How do we identify risks? (b) Using all available sources, including meeting colleagues, checking claims and complaints records, reviewing regulatory experience, analysing the breach report register and reviewing internal risk reports How is the risk rating for an identified risk calculated?......
1 Definitions Contamination: Hazardous Substances present at, in, on or beneath the Premises. Aggravated Contamination: Existing Contamination worsened by the Tenant or those it controls. Environment: air, land, water, and supported ecosystems or organisms, including humans. Existing Contamination: contamination present by Lease start, and its escape, excluding Aggravated. Hazardous Substances: any substance, alone or combined, able to harm the Environment or the health of organisms it supports. Losses: all losses, liabilities, actions, proceedings, claims, judgments, penalties, damages, costs and expenses, including legal and other professional fees. New Contamination: contamination (not Existing/ Aggravated) first arising or migrating after Lease start. Statutory Guidance: Defra 2012 and/or Welsh 2012 guidance, plus later regime guidance. 2 Contamination The Tenant has no responsibility or liability for Existing Contamination; the Landlord must indemnify the Tenant. The Tenant is liable for, and shall indemnify the Landlord against, Losses from New Contamination and Aggravated...
1 Definitions Contamination – the presence or build-up of any Hazardous Substances at, in, on, under or around the Premises. Environment – all or any of the following media, namely air (including the air within buildings and the air within other natural or man-made structures above or below ground), land and water (including surface water and groundwater) and any ecological systems or living organisms (including humans) supported by those media. Environmental Information – [ list any environmental reports that have been provided to the Tenant (eg desktops, phase one reports, phase two reports, validation reports, geotechnical)... ]...
1 Sale contract—restriction on title 1.1 The Buyer undertakes to the Seller not to dispose of or otherwise deal in any way with the whole or any part or parts of the Property without first ensuring that the person then receiving the disposal has executed and delivered to the Seller a deed of covenant, in a form approved by the Seller in writing (such approval not to be unreasonably withheld or delayed), which contains the same obligations and provisions on the part of successors in title as those binding the Buyer under paragraphs [ insert number ] of this Agreement......
Information barrier scheme drafted by [ insert name ] Information barrier scheme authorised by [ insert name of partner and/or COLP ] Date [ insert date ] A: Client and matter details Name of first client to whom the information barrier will apply [ insert name of first client to whom the information barrier will apply ] Summary of matter and file reference for the first client [ insert matter description for client 1 ] Partner responsible for the first client [ insert name of partner ] Name of second client to whom the information barrier will apply [ insert name of second client to whom the information barrier will apply ] Partner responsible for the second client [ insert name of partner ] Summary of matter and file reference for the second client [ insert matter...
A: Introduction In rare situations, we may represent a client despite our possession of significant confidential information concerning another client (whether current, past, or potential). If this occurs, we must still ensure sensitive information is protected between the relevant clients and we secure the informed consent of some or all parties impacted. We may, on an exceptional basis, also act for a client while holding confidential information relating to a non-client, where that information is bound by contractual or other duties of confidence......
Operational team Team lead/ Head of department [ insert team name ] [ insert name ] Ahead of the firm’s strategic review and development programme, every operational leader should speak with their teams and carefully fill out the questions below as part of this process. Kindly send the finished questionnaire by email to [ insert name and email address ]. Submission deadline: [ insert date ] 1 Key business challenges Which are the three most significant business challenges for your team across the periods outlined?......
Lead for the strategy review [ insert name ] (strategy lead) Coordinator [ insert name of a person who will assist with coordination ] 1 Start strategic review process Action/question Status/response Date completed Name of the individual directing the process: [ insert name ] [ insert date ] Name of the person supporting the process and responsible for logistics/planning and deliverables: [ insert name ] [ insert date ] Away day delegates: [ insert all names ] [ insert date ] Is an external facilitator required?......
Legal team: [ insert team name ] Team leader/ Head of department: [ insert name ] In readiness for the firm’s strategic review and development programme, all team leaders are requested to [ consult with their team members and ] complete the questions below. Please email the completed questionnaire to [ insert name and email address ]. Deadline for return: [ insert date ] 1 Key business challenges/risks What are the top three principal business challenges for your team across the following periods......
1 Strengths Group Themes Partners [ Summary of group feedback ] Operational team leads [ Summary of group feedback ] Legal teams [ Summary of group feedback ] Other staff [ Summary of group feedback ] 2 Weaknesses Group Themes Partners [ Summary of group feedback ] Operational team leads [ Summary of group feedback ] Legal teams [ Summary of group feedback ] Other staff [ Summary of group feedback ] 3 Opportunities Group Themes Partners [ Summary of group feedback ] Operational team leads [ Summary of group feedback ] Legal teams [ Summary of group feedback ] Other staff [ Summary of group feedback ] 4 Threats Group Themes Partners [ Summary of group feedback ] Operational team leads [ Summary of group feedback ] Legal teams [ Summary of group...
1 Apologies [ note anyone who cannot attend this meeting ] 2 Action points of last meeting Actions Person responsible Deadline Status [ list actions agreed at the previous meeting ] [ name who is accountable for each action ] [ record the target completion date ] [ provide the current status update ] 3 Investing in the future [ summary of progress, current position, and agreed next steps ] 4 Governance/management [ summary of progress, current position, and agreed next steps ] 5 Risk management [ summary of progress, current position, and agreed next steps ] 6 Financial [ summary of progress, current position, and agreed next steps ] 7 People [ summary of progress, current position, and agreed next steps ] 8 Services to clients [ summary of progress, current position, and agreed next steps ] 9 Information technology [ summary of progress, current position, and agreed next steps ] 10...
Instructions Divide the attendees into smaller teams of 3–4 people to generate ideas and write them down [ utilising [ insert, eg the flipchart provided/a Microsoft whiteboard ] ] ......
Investing in the future (legal and commercial investments) - [ insert strategy-day summary ] Governance/management - [ insert strategy-day summary ] Risk management - [ insert strategy-day summary ] Financial - [ insert strategy-day summary ] People - [ insert strategy-day summary ] Services to clients - [ insert strategy-day summary ] Information technology - [ insert strategy-day summary ] Facilities/building - [ insert strategy-day summary ] Next steps This overview will go to the next management board meeting for final refinements and sign-off. After approval, it will be shared and/or presented to [ insert eg all staff ] to build awareness of the firm’s key strategic aims. Those aims will underpin the detailed business plan, assigning owners and timelines to priority actions. A quarterly review will track each legal and operational team plan against agreed...
To: [ insert name ] Subject: Strategic review [ insert year ] Here’s your chance to contribute thoughts on the company’s strategic direction for future. We highly value your input......
This presentation is intended for a strategy away day and mirrors the running order set out in the Precedents for the Strategy away day—programme and the Strategy away day—pack index. It is designed to dovetail with the rest of the Strategic planning subtopic and works on the basis that you have already completed the following preliminary steps from Precedent: Strategy—action plan and timeline, namely: Stage 1: Begin the strategic review process; set a date for a strategy away day (allow at least 12 weeks)......
Area SMART goals Activities and steps Resources needed Viability Accountable individual Due date Future investment Risk control Financial matters Personnel Client services IT Premises and facilities Miscellaneous......
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 ]...