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
Question If you possessed a magic wand without any limitations, what changes would you bring about in the firm? Exercise 1: working group instructions Split the group into smaller teams of 3–4 people to brainstorm their thoughts. Record all magic wand wishes [ insert means of recording, eg on a flipchart, in [ name of app ], on the whiteboard ]......
1 Investing in the future (legal and commercial investments) To capitalise on our firm’s core strengths, deliver outstanding client service, and elevate brand recognition and value To allocate resource to the planned programme of activities so we continue to attract and retain top talent To dedicate [ x ]% of turnover to reinforcing our business platforms: operations, systems, risk management and environment 2 Governance/management To evaluate the management structure and processes, and develop options for consideration that streamline and strengthen the firm’s management To review and reshape the focus, timing and management of senior meetings to emphasise strategic planning, innovation and appraisal of prepared proposals To implement business planning for each legal service and operational area 3 Risk management To progress agreed actions that raise risk awareness across the firm, supported by an open-door policy and a no-blame culture To continue providing the infrastructure, systems, training and support to manage...
Number of retained and new clients (new matters) for the previous three years, by department Add departmental totals for retained and new clients/matters across last three years. Key referrers and work generated Provide details of principal referrers and the work they have produced. Analysis of the main sources of work for the previous three years, eg has work been generated via existing client/referrer recommendations, the website, through other marketing activities? Summarise three-year sources: client/referrer recommendations, website leads and other marketing. List of major clients ranked by revenue, volume of work and, if possible, profitability (include information on the source of work, size, market sector, demographics, length of relationship, client income, asset base, location and range of services used) Set out top clients ranked by revenue, workload and profitability, including source, size, sector, demographics, relationship length, income, assets, location,...
Instructions for completion Please send the finished form to [ state who ] and keep a copy on the matter file. If you are opening a new matter for a new client, you must also complete the new client form. 1 Client and instructions Client name: [ Insert client name ] Client number: [ Insert client reference number ] Matter number: [ Insert matter reference number if your system permits numbers to be allocated before the matter is accepted ] Fee earner or team: [ Insert ] Source of matter: New instructions from an existing or former client Recommended by an existing or former client Referred by another solicitor or professional: [ state who ] ...
Subject: New client—conflicts search Please email me at once if you are aware of any reason why we should not act for [ insert client name ] of [ insert address ]. If you are not aware of any such reason, no reply is required. Please remember that conflict searches are strictly confidential, as is all information concerning clients. Conflict searches must not be shared with anyone outside the firm unless the client has given consent or we are legally compelled to disclose such information by law......
Instructions for completion When commencing a new matter for a first-time client, please complete this form together with the new matter form. Ensure both are fully completed before submission to [ state who ], and keep a duplicate copy on the matter file. 1 Fee earner and source of instructions Fee earner or team [ Insert fee earner or team name ] Name of supervisor [ Insert name of supervisor ] Source of client Please tick ☐ Recommendation from an existing/former client ☐ Referral from another solicitor or professional: [ state who ] ☐ Referral from an introducer: [ state who ] ☐ Direct approach from a prospective client ☐ Other: [ describe ] Purpose and intended nature of the business relationship [ Insert details ] 2 Client details It is crucial that we accurately record specific information in the correct format at all times. [ Ensure the client's full name and address exactly reflect the form...
Introduction This legal due diligence questionnaire concerns the intended acquisition by [ insert buyer name ] (the Buyer) of the whole of the issued share capital of [ insert name of target company ], a company incorporated in England and Wales under number [ insert company number ] (the Company) (the Proposed Acquisition). Its purpose is to equip the Buyer, the Buyer’s solicitors and any other professional advisers engaged on the Proposed Acquisition with the information the Buyer needs about the Company’s sharesave, or save as you earn ( SAYE), arrangement to aid the Company’s valuation and the appraisal of the risks tied to the Company’s SAYE scheme. Kindly answer each question fully and comprehensively. Please set out your responses in italics directly beneath the relevant question, as requested, and supply copies of all supporting documents, where applicable, ensuring that every response and...
Introduction This legal due diligence questionnaire concerns the intended purchase by [ insert buyer name ] (the Buyer) of the whole issued share capital of [ insert name of target company ] incorporated in England and Wales under number [ insert company number ] (the Company) from [ insert sellers names ] (the Sellers) (the Proposed Acquisition). This questionnaire is intended to allow the Buyer, the Buyer's solicitors and other professional advisers engaged on the Proposed Acquisition to collect the information the Buyer needs in relation to the Company’s tax advantaged company share option plan(s) ( CSOP(s)), to support the valuation of the Company and to evaluate the risks associated with the CSOP(s). Please answer every question in full. Provide your responses in italics immediately beneath each question, and supply copies of all relevant documents, ensuring that each answer and each document is clearly marked and...
[ ON HEADED NOTEPAPER OF PARTY A ] [ Insert address of Party B ] [ Insert date ] Dear [ name of Party B ], Contract extension We make reference to the agreement dated [ insert date of agreement to be extended ] between us and you concerning [ insert specific purpose of agreement ] (the Contract). In consideration of £[ 1 ] paid by us to you (the receipt of which you acknowledge), with effect from [ insert date ] we agree to extend the term of the Contract for [ of [ insert number ] [ insert days, weeks, months ] OR up to and including [ insert date ] ]. [ We also agree to vary the Contract as set out in paragraph 4 below. ]......
ARCHIVED: This Precedent is archived and no longer maintained. STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are now in full effect. Procurements started on or after that date must proceed under PA 2023, while those initiated under the 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 pursuant to that framework. Refer to Practice Note: Introduction to the Procurement Act 2023— PA 2023......
Date [ date ] Parties [ name of Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Owner) [ name of Developer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Developer) 1 Definitions Adjudication Date – the day on which any adjudicator appointed under HGCRA 1996 to determine a dispute regarding an amount due to: (a) the Developer under this Agreement; or (b) the Building Contractor under the Building Contract; delivers their decision; [ Adverse Rights – any easement, covenant, right or other interest affecting the Property, the release, discharge or variation of which is reasonably required to assist the Works or the use and...
Claim No. [ insert claim number ]. In the High Court of Justice, within the [ Business and Property Courts ], [ of England and Wales OR at [ insert location ] ], or alternatively [ Specify division ], [ Specify specialist court ], [ Insert location ] District Registry; The County Court at [ insert location ]; [ Business and Property Courts List ]; Before [ The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge ] [ insert name ]; [ in public OR in private ]; Dated: [ insert date ]; Between [ insert name ] ( Claimant/ Applicant) and [ insert name ] ( Defendant/ Respondent). [ DRAFT ] ORDER FOR AN ANTI- SUIT INJUNCTION PENAL NOTICE This Order [ prevents you, [ insert name of respondent ], from acting OR requires you, [ insert name of...
Filed on behalf of the Claimant Statement of evidence by [ insert initial and surname of witness ] Sequence: [ insert number of the witness’s statement in relation to the witness, e.g. ‘ Second’ ] Exhibits: [ insert initials and number for each exhibit cited, e.g. ‘ MXW1’ ] Statement date: [ insert statement date ] [ Translation date: [ insert date ] ] Claim number: [ insert claim number ]......
Claim No. [ insert claim number ]. [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ insert location ] OR [ specify division ] [ specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST BEFORE [ The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge ] [ name ] Dated: [ date ] Between [ insert name ] Claimant / Applicant and [ insert name ] Defendant / Respondent [ Draft ] ORDER FOR AN ANTI ENFORCEMENT INJUNCTION PENAL NOTICE [ This Order [ forbids you, [ insert name of respondent ], from acting OR requires you, [ insert name of respondent ], to act ] in the manner described below. If you fail to comply with this...
This Assignment is dated [ insert day and month ] 20[ insert year ]. Parties 1 [ insert name of Assignor ], a company incorporated in England and Wales with registered number [ insert company number ], having its registered office at [ insert address ] (the Assignor); and 2 [ insert name of Lender ] of [ insert address ] (the Lender). Background The Lender has agreed to provide a loan facility to the Assignor on the terms and conditions contained in the Facility Agreement (as defined below). As a condition precedent to the loan facility being available, the Assignor must enter into this Assignment to create security in favour of the Lender for the Secured Obligations (as defined below)......
Letter of Claim for dermatitis Dear [ insert organisation name ] Claimant’s full name: Claimant’s full address: Claimant’s National Insurance number: Claimant’s date of birth: We act for the individual named above in a claim for compensation for personal injury and related losses arising from dermatitis developed after repeated contact with detergent and water during the course of their employment with you. This correspondence is sent in compliance with the Pre- Action Protocol for Disease and Illness Claims and the Pre- Action Protocol for Personal Injury Claims. Please confirm the identity of your insurers. Your insurers should be notified without delay, and failure to forward this letter may prejudice your insurance cover. A copy of this letter is enclosed for you to pass to them. Background to the claim Our client worked at your premises as a cleaner between 2022 and 2024. Their...
Introduction This legal due diligence questionnaire pertains to the intended purchase by [ insert buyer name ] (the Buyer) of the entire issued share capital of [ insert name of target company ], incorporated in England and Wales under number [ insert company number ] (the Company), from [ insert sellers names ] (the Sellers) (the Proposed Acquisition). This document is intended to equip the Buyer, the Buyer’s solicitors and other professional advisers engaged in the Proposed Acquisition with the information the Buyer requires in respect of the Company’s enterprise management incentives ( EMI) scheme(s), to aid the valuation of the Company and the appraisal of the risks connected with the Company’s EMI scheme(s). Please answer every question in full. Please provide your responses in italics immediately beneath each question and supply copies of all relevant documentation, ensuring that all responses and...
Archived: This Precedent is for illustrative purposes only as it reflects the position up to 1 December 2016. The facility to issue tax‑favoured employee shareholder shares ( ESS), frequently seen in private equity company arrangements, has now been withdrawn. In the Autumn Statement 2016, the government confirmed that the following ESS-related reliefs would be abolished: the income tax and NICs relief applying to the first £2,000 of employee shareholder shares allotted to an individual the capital gains tax exemption covering some or all of the ESS shares the rule ensuring that, where a company buys back employee shareholder shares from an employee shareholder, the price paid is not treated as a distribution in the shareholder’s hands These withdrawals apply to any employer shareholder agreements entered into on or after 1 December 2016. Nonetheless, any person who obtained independent advice about entering into an...
1 The aim of the absence management strategy 1.1 Decrease the annual absence rate from [ insert rate, eg 3.5% ] to [ insert rate, eg 2.0% ]. 1.2 [ Lessen the negative effect on service delivery arising from the firm’s high level of short, irregular absences. ] 1.3 Enhance the handling of long-term sickness so its contribution to the firm’s absence rate is lowered. 2 Key trends and causes of absence over the past 12 months 2.1 [ One member of staff has been away for six months with long-term illness linked to stress (following the breakdown of marriage). No meetings have taken place yet owing to the sensitive nature of the sickness. ]......
Archived: The ability to offer tax-favoured employee shareholder shares or ESS (commonly used in private equity company arrangements) has now been removed In the Autumn Statement 2016, the government confirmed that certain ESS-related tax reliefs would be withdrawn. The changes remove: The income tax and NICs relief applying to the first £2,000 of employee shareholder shares an individual receives The capital gains tax exemption in respect of all, or a portion, of ESS shares The provision ensuring that, when a company purchases employee shareholder shares from an employee shareholder, the consideration is not treated as a distribution in the shareholder’s hands The withdrawal of these reliefs applies to any employer shareholder agreements entered into on or after 1 December 2016. However, an individual who had obtained independent advice about entering an employer shareholder agreement before 23 November 2016 could still complete the...
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 ]...