Legal Precedents

The courts of England and Wales now no longer accept any legal applications to obtain evidence pursuant to Regulation ( EC) 1206/2001, commonly known as the Taking of Evidence Regulation. Where an application was lodged before IP completion day (31 December at 11 pm), the evidence-gathering procedure will continue under that Regulation if the Withdrawal Agreement’s applicable transitional provisions between the UK and the EU were satisfied in full by that date. For guidance on those transitional rules, please see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners, particularly the main section entitled Taking of evidence. Name: [ insert ] Witness Statement: [ insert ] Date: [ insert ] Exhibits: [ insert ] [ Date of translation: [ insert date ] ] Claim No. [ insert claim number ]. ......

Taking of Evidence regulation The courts of England and Wales no longer accept applications to obtain evidence pursuant to Regulation ( EC) 1206/2001, commonly called the Taking of Evidence regulation. However, where an application was lodged before IP completion day (31 December at 11 pm), then the evidence‑gathering procedure will continue under that regulation, provided that the transitional provisions in the Withdrawal Agreement between the UK and the EU were fully satisfied by that date in question......

Applications for the taking of evidence can no longer be lodged in the courts of England and Wales under Regulation ( EC) 1206/2001, the Taking of Evidence Regulation. For applications submitted before IP completion day (31 December at 11 pm), the process for securing evidence will continue under that Regulation if the transitional provisions in the Withdrawal Agreement between the UK and the EU were satisfied by that date. For guidance on those transitional provisions, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners, in particular the main section: Taking of evidence. Introduction Application notice ( Form N244) Application notice— Commercial Court ( Form N244( CC)) ( Word) These drafting notes are to be read alongside Form N244 and are not intended for use with Form N244( CC). The application must be made in accordance with CPR...

[ Transferee headed notepaper] [ Address of appropriate representative/transferring individual/ Secretary of State] [ Date] Dear [ Recipient’s name], Notice of cancellation of election to carry out pre-transfer redundancy consultation Further to our letter dated [date of the letter notifying the election or proposed dismissals], [insert name of Transferee] had chosen to undertake pre-transfer consultation concerning dismissals it intended to implement following the proposed transfer of [insert name of business or services to be transferred] from [insert name of Transferor] to [insert name of Transferee]. This correspondence gives notice, under section 198A(6)(c) of the Trade Union and Labour Relations ( Consolidation) Act 1992, that on [insert date], [insert name of Transferee] served [insert name of Transferor] with immediate cancellation of that election. [ Insert any explanation the Transferee wishes to provide for the cancellation, for example, that the transfer will no longer...

[ To be prepared on the Transferee’s letterheaded paper ] [ Insert the Transferor’s address ] [ Insert the date ] Dear [ insert the Transferor’s name ] Notice of election to carry out pre-transfer redundancy consultation We write regarding the anticipated transfer of [ insert name of business or services to be transferred ], expected to take place shortly (the ‘ Proposed Transfer’)......

[ To be printed on the Transferee’s headed paper ] [ Insert the Transferor’s address ] [ Insert date ] Dear [ insert name of Transferor ] Notice of cancellation of election to carry out pre-transfer redundancy consultation This letter gives written notice, under section 198A(5) of the Trade Union and Labour Relations ( Consolidation) Act 1992, that the election of [ insert name of Transferee ], dated [ insert date ], to conduct pre-transfer consultation is cancelled with immediate effect. [ For the avoidance of doubt, this notice also ends the pre-transfer collective redundancy consultation agreement between [ insert name of Transferor ] and [ insert name of Transferee ] dated [ insert date ]. ] Please confirm receipt by signing, dating, and returning the enclosed counterpart of this letter no later than [ insert date ]. Yours sincerely [ Signature of Transferee’s representative ] For and on behalf of [ insert name of...

This Deed is entered into on the [ insert ] day of [ insert month ] 20 [ insert year ]. Parties [ Insert name ] of [ address ] (the Participant); [ Insert name of company ], a company incorporated in England and Wales (registered number [ insert]), whose registered office is at [ insert address ] (the Company); and [ Insert name of trustee ], incorporated in [ insert jurisdiction ] with registration number [ insert ] and with a registered office at [ insert address ], as trustee (the Trustee) of the [ insert name of trust ]. Background ( A) The Company wishes to incentivise certain executive directors and employees within the Group by permitting them to acquire interests in its shares and has provided recommendations to the Trustee in connection with this. The Participant is an executive director or employee of the Group......

1 Introduction This document outlines the policy and procedure we use to deal with: underperformance (that is, insufficient skill and aptitude to carry out a role); and genuine, persistent, intermittent short‑term absence. This policy applies to all employees and workers, excluding agency workers, consultants, self‑employed contractors, volunteers, interns and casual workers. It is not part of any contract of employment, does not have contractual effect, and may be changed by us at any time. The Company will handle information about your health in accordance with relevant data protection laws. 2 Procedure Where your performance is below an acceptable level, or attendance is unsatisfactory due to persistent, intermittent, short‑term absence, this capability procedure is intended to support and encourage you to...

1 Purpose and scope of the procedure 1.1 The following code of conduct and disciplinary process are intended to secure fair and consistent treatment for every employee of the Company, to support the safe and efficient performance of work, and to nurture constructive relationships among colleagues and between staff and their managers. 1.2 You must acquaint yourself with, understand, and comply with the code of conduct and disciplinary procedure, which applies to all employees at all times. 1.3 The code of conduct constitutes part of your employment contract with the Company. The disciplinary procedure is not contractual and does not form part of your contract of employment. It may be altered at any time, and the Company may, where appropriate, adopt an alternative process where the circumstances of a particular matter require. 2 Code of conduct 2.1 The code of conduct sets out the principal...

1 Purpose and scope of the procedure 1.1 A grievance is any worry, issue or complaint an employee brings to their employer. 1.2 Where appropriate, you should first try to resolve a grievance informally with the person you report to directly [ or [ insert alternative, eg the HR Department ] ]. If this does not settle the matter, you should submit your grievance formally as outlined below. 1.3 This procedure is not incorporated into your contract of employment. It can be changed at any time and the Company may adopt a different procedure depending on the circumstances of the particular case. 1.4 This policy and its procedure covers all our employees and workers. It does not apply to agency workers, consultants, contractors [ , volunteers ] [ , interns ] or casual...

[ insert date of letter ] [ insert name of employee ] [ insert address of employee ] Dear [ insert name of employee ] [ insert name of Company ] (the Company ) I am pleased to inform you that the directors of the Company have authorised the award of an enterprise management incentives ( EMI) option ( Option ) to you. Enclosed is a copy of the option agreement, which must be signed by you and the Company for the grant of the Option to become effective. The Option gives you the right to purchase [ insert maximum number and class of shares which can be exercised pursuant to the Option agreement ] shares in the Company ( Shares ) at a price of [ insert exercise price of shares ] per Share [ upon an ‘ Exit’ event of the Company (which broadly means a...

Claim No. [ enter claim number ]...

General points Application notice ( Form N244) Application notice— Commercial Court ( Form N244( CC)) ( Word) These Drafting Notes explain how to complete an application for a letter of request to obtain evidence under CPR 34.13, and should be read alongside Practice Note: Cross border evidence—requests to a foreign court for assistance. In some cases, the country where the evidence is sought will be a contracting state to the Hague Evidence Convention, in which event additional considerations arise. To check whether the country is a contracting state, see: Cross-border evidence—which evidence regime applies?—checklist. The application is made on form N244 and must be issued: (a) in the High Court, King’s Bench Division ( CPR 34.13(1A))—irrespective of the division or court handling the underlying matter; this also includes applications for evidence needed for County Court or tribunal proceedings ( CPR...

Dear [ insert name ] Claimant’s name: [ insert the Claimant’s name ] Claimant’s address: [ insert the Claimant’s address ] Claimant’s date of birth: [ insert date of birth ] Date of alleged negligent treatment: [ insert date of alleged negligent treatment ] [ I represent the claimant in connection with a claim for damages arising from treatment they underwent while under the care of [ insert name ] on [ insert date ], or during the period from [ insert date ] to [ insert date ]. He/she has suffered [ from injury ]. ]......

IN THE COUNTY COURT AT [ insert ] Claim No: BETWEEN [ A. B. ] Claimant-and-[ C. D. ] Defendant PARTICULARS OF CLAIM At the relevant times, the Claimant was the [ owner and ] driver of a [ make, model ] motor vehicle, registration [ insert registration number ], whilst the Defendant was driving a [ make, model ] motor vehicle with registration [ insert registration number ]. [ Details of accident ] [ The Claimant relies upon an admission of liability made by the Defendant/the Defendant’s insurance company on [ insert day/month/year ] ]. [ The accident was caused by the negligence of the Defendant. ] [ PARTICULARS OF NEGLIGENCE ] 3.1 [ particulars relevant to case ] 3.2 [ … ] As a...

For the Annual General Meeting of [ Name of company ] scheduled for [ Date ] at [ venue ] 1 Introduction Good morning, ladies and gentlemen. I am [ insert name ], the Chair of [ insert name of company ]. The time is now [ insert the exact time ], which is [ just past ] the scheduled start of the Annual General Meeting of [ insert company name ]. 2 Quorum Having confirmed with the Company Secretary/advisers/registrars, a quorum is present, and I therefore declare the meeting open. 3 Housekeeping Before we begin, I would like to cover a few practical matters. Fire exits are located [ [ over there ] OR [ insert location ] ], and no fire drill is planned for this morning. May I ask everyone to ensure mobile phones are switched off. Thank you. [ [ You may wish to note that this...

1 Demand for a poll by Chair on a resolution For the Annual General Meeting of [ Name of company ] to be held on [ Date ] at [ venue ], it is noted that resolution [ insert no. ] has not passed. Given the proxy voting authorities I hold, I am therefore obliged to call a poll accordingly. Proxy votes have been received for [ insert no. ] ordinary shares in favour and [ insert no. ] against the resolution. In light of these figures, I now exercise my power as Chair to require a poll. Our registrars will now conduct a poll on resolution(s) [ insert no. ] [ and [ insert no. ] ]. Please remain seated whilst the poll takes place and is being conducted. The registrar’s representatives will now distribute [ poll cards OR voting handsets ]. On a poll,...

Name: [ insert ] Witness statement: [ insert ] Date: [ insert ] Exhibits: [ insert ] Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST Between: [ Insert party ] Claimant/ Respondent and [ Insert party ] Defendant/ Applicant [ Number of witness statement eg first ] WITNESS STATEMENT OF [ Insert name of witness ] ON BEHALF OF THE DEFENDANT I, [ name ], of [ address ], say as follows: I am a solicitor of the Senior Courts of England and Wales within the...

Name: [ insert ] Witness Statement: [ insert ] Date: [ insert ] Exhibits: [ insert ] [ Date of translation: [ insert date ] ] Claim No. [ insert claim number ]. [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST Between [ Insert party ] Claimant/ Respondent and [ Insert party ] Defendant/ Applicant [ Number of witness statement eg first ] WITNESS STATEMENT OF [ Insert name of witness ] ON BEHALF OF THE CLAIMANT 1 I serve as a solicitor of the Senior Courts of England and Wales within the firm named above. I oversee the...

Dear [ insert expert’s name ] Claimant’s name: [ insert the Claimant’s name ] Claimant’s address: [ insert the Claimant’s address ] Claimant’s date of birth: [ insert date of birth ] Date of alleged negligent treatment: [ insert date of alleged negligent treatment ] I represent the claimant regarding a claim for damages arising from treatment they received whilst under the care of [ insert name ] on [ insert date OR between [ insert date ] and [ insert date ] ]......