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
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 the tax concessions linked to ESS would be withdrawn. The changes remove the following in respect of employee shareholder shares: income tax and NICs relief on the first £2,000 of employee shareholder shares allotted to an individual the capital gains tax exemption applying to all, or part, of those ESS shares the rule that treated consideration paid by a company on a buy-back of employee shareholder shares as something other than a distribution in the shareholder’s hands These withdrawals apply to any employer shareholder agreements entered into on or after 1 December 2016. However, where an individual had received independent advice about entering into an employer shareholder agreement before 23 November 2016, they could still complete the...
This Agreement is entered into on [ insert day and month ] 20[ insert year ] Parties [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] (the Lender); and [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] (the Borrower). background ( A) The Borrower is a wholly-owned direct or indirect Subsidiary (as defined below) of the Lender. The Lender has agreed to extend to the Borrower an unsecured term loan of £[ insert amount of loan in figures ] ([ insert amount of loan in words ] pounds sterling) on and...
Dear [ insert organisation name ] URGENT— LIVING MESOTHELIOMA CLAIMANT YOU MUST DEAL WITH THIS LETTER IMMEDIATELY Re: Our Client: Address: Date of Birth: National Insurance Number: Your Previous Employee: Date of Birth: Date of Death: National Insurance Number: Place of Work: We act for the above-named client in a claim for damages for personal injury arising from exposure to asbestos, resulting from asbestos dust brought into the home on the work clothing of a family member, [ insert relation eg spouse or parent and insert their name ], during their employment with [ insert employer’s name ] between [ insert dates ]. Accordingly, the claim is addressed to you. This correspondence is sent in accordance with the Pre- Action Protocol for Disease and Illness Claims. Please confirm the identity of your insurers. Please note that your...
Note This Precedent serves as a defendant’s Part 36 offer letter. It does not address CPR 36 provisions applying solely to fixed costs matters. For guidance on Part 36 offers in fixed costs cases, consult Practice Note: Fixed costs in PI claims—consequential amendments to Part 36 offers to settle......
This Deed is dated [ date ]. Parties [ insert name of Chargor ], a company incorporated in England and Wales with registered number [ insert company number ], whose registered office is at [ insert address ] (the Chargor); and [ insert name of Lender ] of [ insert address ] (the Lender). Recitals: This Deed is supplemental to the Debenture (as defined below), under which the Chargor created mortgages and charges over, among other assets, all of its then existing freehold and leasehold property in favour of the Lender, for the purpose of offering security to the Lender in respect of the Secured Obligations (as defined below). The Chargor enters into this Deed pursuant to clause [ insert relevant clause number ] ( Further assurance) of the Debenture, in order to grant a legal mortgage over the Mortgaged Property (as defined below), thereby affording the Lender...
ARCHIVED: This Precedent is archived and is not maintained. STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in force......
[ On headed notepaper of solicitor ] Strictly private and confidential To: [ insert sponsor name ][ insert sponsor address ] Date: [ insert date ] Dear [ insert name ] [ insert name of company ] (the Company) — Application for admission to listing on the Official List of the Financial Conduct Authority and to trading on the main market for listed securities of the London Stock Exchange We are writing regarding the application for the Company’s entire issued and to be issued share capital to be admitted to the Official List of the Financial Conduct Authority (the FCA) ( Admission) (the Application). In support of the Application, a prospectus (the Prospectus) has been prepared, setting out the information required for a prospectus in accordance with the Prospectus Rules: Admission to Trading on a Regulated Market ( PRM), together with the additional information required by the UK Listing...
1 Introduction 1.1 This document explains the Company’s approach to sabbaticals, which typically run from [ insert number, eg two ] to [ insert number, eg six ] months. While you are on sabbatical, your employment continues, but entitlement to salary and [ certain ] other benefits is suspended. [ If you would prefer a longer career break, please refer to the Company’s career breaks policy, available from the [ HR department ]. ] 1.2 This policy applies solely to employees. It does not cover agency workers, consultants [ , contractors ] , volunteers [ , interns ] or casual workers. 1.3 [ This policy has been [ agreed OR put in place following consultation ] with [ [ enter name of relevant trade union(s) ] OR [ enter name of works council ] OR [ enter name of staff...
1 Introduction 1.1 This document outlines the Company’s policy concerning career breaks, which will typically range between [ insert number ] months and [ insert number ] [ months OR year [ s ] ]. To take a career break, you must bring your employment contract to an end and the Company will aim to offer you employment in the same or a comparable post in accordance with paragraph 5. [ If instead you want a shorter pause, during which your employment will continue, please see the Company’s sabbatical policy, available from the [ HR department ]. ] 1.2 This policy applies solely to employees. It does not extend to agency workers, consultants [ , contractors ] , volunteers [ , interns ] or casual workers. 1.3 [ This policy was [ agreed OR implemented following consultation ] with [ [ enter name of relevant trade...
Address Your Ref: Our Ref: Please ask for: Date: Telephone: Email: Dear [ insert organisation name ] Noise-induced hearing loss ( NIHL) Letter of Claim Part A We act for [ insert Claimant’s name ] regarding a Noise Induced Hearing Loss claim against [ insert Defendant’s name ]. This correspondence is issued under Annex E of the Pre- Action Protocol for Disease and Illness Claims. To assist the Defendant(s) with a full investigation, we enclose the following (please tick to confirm enclosed): ELTO search(es) HMRC Completed questionnaire Completed Part B for each proposed Defendant Audiogram GP and hospital records Anticipated valuation Provisional Schedule of Special Damages with supporting evidence Personnel/ Occupational Health file or the Claimant’s signed authority to obtain a copy from the insured Declaration of previous claims 1 Claimant’s details 1.1 Full name: 1.2 Address: 1.3 Date of birth: 1.4 National Insurance number: 1.5 Solicitor’s reference: 2 Employment history 2.1 The outline below records our client’s complete work history in both noisy and non-noisy...
[ TO BE PRINTED ON COMPANY HEADED NOTEPAPER ] [ Insert name of Trustee ] [ Insert address of Trustee ] Date: [ Insert date ] Dear Trustee(s) [ Insert name of company whose shares will be subject to JSOP awards ] ( Company) [ Insert name of trust ] ( Trust) We write to you in your capacity as Trustee of the Trust, created to encourage and enable the acquisition and retention of the Company's shares by, or for the benefit of, the Trust's beneficiaries. Subscription for jointly held shares The Company asks that you consider using your discretion to subscribe, on a joint basis, for a total of [ insert number and class of shares ] shares in the Company together with the employees named in the attached schedule ( Schedule ), each of whom is a beneficiary of the Trust. Any such joint subscription would be...
This Deed is dated [ insert date ] Parties [ insert name of lender ] [ a company ] registered in [ England and Wales ] with number [ insert registered number ], having its registered office at [ insert address of registered office ] (the Lender); and [ insert names of receivers ] of [ insert name of receivers' firm ] at [ insert address of receivers’ firm ] (the Receivers) Background ( A) Under the Legal Charge, [ insert name of borrower ] charged the [ Property OR Properties ] in favour of the Lender. ( B) By a written appointment dated [ insert date ], the Lender appointed the Receivers as joint receivers of the [ Property OR Properties ] in accordance with the terms of the Legal Charge. 1 Definitions and...
ARCHIVED: These archived training resources offer details on Directive 2014/24/ EU of the European Parliament and of the Council of 26 February 2014 concerning public procurement, which superseded Directive 2004/18/ EC. Provided purely for background reference, they are not maintained or updated. The materials comprise sample Power Point decks and accompanying notes that may serve as the foundation for one or more training sessions, presenting the principal features of public procurement law under Directive 2014/24/ EU, the Public Contracts Directive, given effect in England and Wales through the Public Contracts Regulations 2015, SI 2015/102. Policy drivers underpinning the Directive Core elements of the procurement processes Fundamental principles......
FORTHCOMING CHANGE: The Information Commissioner’s Office ( ICO) has issued draft guidance on keeping employment records and on recruitment and selection. This Precedent will be updated once the ICO draft guidance is finalised. 1 Introduction 1.1 The Company acknowledges that the internet and social networking channels serve as communication tools both in the workplace and beyond it, including at home. This policy sets out the conduct we expect when social media is used, explains when we may review your social media activity, and identifies the steps we will take where it is not followed or is breached. Read this policy alongside our [ Internet, email and communications policy ], which explains how staff and representatives may use the Company’s internet and email systems and networks. 1.2 This policy applies to all individuals, including employees, workers, temporary and agency workers, contractors, interns, volunteers and...
Coronavirus ( COVID-19) For advice on health and safety matters relating to coronavirus ( COVID-19), refer to Practice Note: Living with coronavirus ( COVID-19) in the workplace, dated 24 February 2022 [ Archived]. 1 Introduction 1.1 This policy outlines the Company’s arrangements for meeting our health and safety duties to our people and wider stakeholders, including visitors to our premises and individuals impacted by our activities. 1.2 This policy is not contractual, and the Company may update it at any time. 2 General statement of health and safety policy 2.1 The Company regards maintaining a positive health and safety culture as integral to how we operate, and recognises our responsibility to our employees and other staff, [ clients OR customers ], suppliers and other stakeholders on health and safety matters. 3 Responsibility for health and safety 3.1 [ Insert name and/or position ] plays a key...
1 Introduction 1.1 This policy provides a summary of the Company’s measures to ensure we fulfil our health and safety duties towards employees and wider stakeholders, including people visiting our sites and anyone impacted by our activities, effectively and consistently. 1.2 This policy is non-contractual, and the Company may change it at any time. 1.3 The Company intends this policy to serve as guidance to support our continuing operational decision-making, and as a benchmark against which any procedures put in place can be evaluated......
[ Insert date ] [ insert ] Employment Tribunal [ insert address ] To the [ insert ] Employment Tribunal [ Insert case name ] Case No: [ Insert case number ] Application under Rule 20(1) We represent the Respondent in the matter detailed above......
[ Insert date ] [ Insert ] Employment Tribunal[ Insert address ] To the [ insert ] Employment Tribunal [ Insert case name ] Case No: [ Insert case number ] Application under Rule 31(1) for a [ postponement OR adjournment of the final hearing OR of a preliminary hearing ] on [ insert date ] We are instructed on behalf of the [ Claimant OR Respondent ] in this matter. We hereby seek, under Rule 31(1) of the Employment Tribunal Procedure Rules 2024, an order pursuant to Rule 30 that the hearing presently listed for [ insert date(s) ] be [ postponed OR adjourned ]. The listing was set [ with the agreement OR without the agreement ] of the parties. We respectfully request one of the following: That a hearing is listed to consider the details of this application; or That this application is determined on the basis of...
[ Insert date ] [ Insert ] Employment Tribunal [ insert address ] To the [ insert ] Employment Tribunal [ Insert case name ] Case No: [ Insert case number ] Application under Rule 74 We hereby apply under Rule 74 for the [ Claimant OR Respondent ]’s costs in relation to the judgment issued to the parties on [ insert date ]. [ We ask that a hearing be listed to consider the particulars of this application. OR We ask that this application is decided solely on written representations to avoid the parties attending a hearing and incurring further associated costs. ] Grounds for application We seek an order for costs on the basis that: [ insert applicable grounds under Rule 74 ] EXAMPLE 1 The Respondent behaved unreasonably in the conduct of part of the proceedings, namely by disputing that the Claimant was a disabled person for the...
1 Introduction 1.1 Despite many dedicated efforts to prevent them, bribery and corruption still represent a major issue in world trade. Our legal duties are primarily governed by the Bribery Act 2010. As a UK company, that legislation applies to us if bribery occurs anywhere in our business. 1.2 Involvement in bribery or corruption exposes the Company and relevant individuals to a criminal offence under the law. It will also damage our reputation and the confidence of our clients, suppliers and business partners. 1.3 Our stance is clear: we carry out our business to the highest legal and ethical standards. We will not participate in bribery or corruption in any guise. Such conduct would harm our reputation and place the Company, its employees and representatives, at risk of fines and imprisonment. 1.4 We operate our business with integrity and in an honest, ethical way. All of us must work...
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 ]...