Legal Precedents

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RISK & COMPLIANCE

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

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RISK & COMPLIANCE

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

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BANKING & FINANCE

[ 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 ]

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BANKING & FINANCE

[ 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

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PRECEDENTS

ARCHIVED: This Precedent is archived and is no longer maintained. STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements started on or after that day must be conducted in full accordance with 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 run and administered under that regime......

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PRECEDENTS

During employment, the employee may receive rights, in accordance with and conditional upon the rules from time to time of [ name of option/equity scheme ] or any profit sharing, share incentive, share option, bonus or phantom option scheme run by the Company or any other Group Company, relating to shares in the Company or any other Group Company (the Award) as determined under the applicable plan rules......

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PRECEDENTS

The Directors [ insert company name ] [ Limited OR PLC ], company number [ insert company number ] (the Company), whose registered office is at [ insert address of the company’s registered office ], [ insert date ] To: The Directors Waiver of pre-emption rights [ I am OR We are ] the registered holder[ s ] of [ [ insert number of shares ] OR all of the ] [ insert class of shares ] shares, each having a nominal value of [ insert nominal value of shares ], within the capital of the Company......

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PRECEDENTS

The Directors [ insert company name ][ insert company address ][ insert date ] Dear [ Directors OR Secretary ] [ insert company name ] [ Limited OR PLC ] (the Company) [ I OR WE ], the signatory/signatories, being [ a ] holder[s] of over 5% of the Company’s paid-up share capital as at the date of this notice, which carries the right to vote at general meetings of the Company, request that you arrange a general meeting of the Company to consider and, if thought fit, approve the following resolution[s]: [ ORDINARY RESOLUTION[ S] [ Insert text of proposed resolution ] AND/ OR SPECIAL RESOLUTION[ S] [ Insert text of proposed resolution ] ] Yours faithfully Shareholder name Signature [ insert name of shareholder ] ……………………………………………………… [ [ insert name of shareholder ] ] [ …………………………………………………… ]......

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PRECEDENTS

Key points Scope and inclusions: Be crystal clear about what the negotiation covers and what is excluded; consider whether any exclusions are warranted. Objectives: Define the outcomes you intend to secure from this discussion. Priorities: Separate must-haves from would-like-to-haves and pleasant extras. Counterpart: Identify who you will negotiate with, what you already know, and the gaps to fill. Opening stance: Set your initial position and anticipate where they are likely to begin. Balance of power Size: Does the scale of either party matter, e.g. can bulk purchases be traded for keener pricing? Current market: Do present market conditions affect you, and might they shift in the near term? Knowledge: What do you understand about the other side, and what typically influences their decisions? Time: Is timing critical for either party, e.g. does your client...

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PRECEDENTS

Other party’s behaviour Illustration Ways to counter Managing the agenda Preventing other people from sharing their views aloud...

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PRECEDENTS

Dear All Our [ insert frequency eg quarterly or annual ] record [ insert description eg audit or review ] phase is now complete...

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PRECEDENTS

ARCHIVED This Precedent is archived and no longer maintained. STOP PRESS: From 24 February 2025, the principal substantive provisions of the Procurement Act 2023 ( PA 2023) have now come into force. Procurements started on or after that date must be undertaken under PA 2023, while those commenced 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 let and administered pursuant to that legislation. See Practice Note: Introduction to the Procurement Act 2023— PA 2023......

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PRECEDENTS

Instructions: please read all of this before filling in the form Use this form only in circumstances where you have already notified the Company of the intended period or periods during which you propose to claim shared parental pay for the child. This confirms that you have previously supplied the Company with a copy of the relevant ‘ Notice of entitlement for shared parental leave and/or pay: mothers’ or the relevant ‘ Notice of entitlement for shared parental leave and/or pay: fathers and partners’. Within section C of that notice, you will have set out the following details, namely: the total number of weeks for which you plan to claim shared parental pay in relation to the child; the number of weeks of shared parental pay to be claimed by the second individual who is also claiming in relation to the child; and the...

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PRECEDENTS

In the county court at [ insert ] Claim No: Between A B, Claimant, and X Y, Defendant PARTICULARS OF CLAIM At all material times, the Defendant was the highway authority with responsibility for [ insert street name, town, county ], being a highway as defined by the Hi A 1980. At about [ insert time ] on [ insert date ], the Claimant was lawfully proceeding along the pavement on the [ right OR left ] side of the highway. Whilst walking, their foot went into a pothole outside [ insert house number/name of business/name of landmark nearest pothole ], causing a trip and a fall to the ground, resulting in injury. The incident was caused by, or contributed to, the negligence and/or breach of statutory duty of the Defendant, together with that of its employees or agents acting in the course of their...

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PRECEDENTS

[ On the Investor’s letterhead ] Strictly private and confidential [ insert company name ] [ insert company address ] [ insert Founder names ] [ insert contact address of Founders ] ( Founders) Date: [ insert date ] SUBJECT TO CONTRACT Dear Directors and Founders, Proposed investment in [ insert name and registered number of company ] ( Company) 1 Introduction 1.1 Further to our recent discussions, this letter describes the principal terms and conditions upon, and subject to, which we have agreed to make an investment in the Company as set out herein ( Proposed Investment). 1.2 The provisions of this letter are not comprehensive and, save for this paragraph 1.2 and paragraphs 12, 13, 14, 15 and 16, are subject to contract and are not intended to create legally binding obligations between the parties. No party to this letter will be bound to proceed with the Proposed Investment unless and until a formal...

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PRECEDENTS

Instructions: please read all of this before filling in the form Please read all of this before completing the form. Use this form in situations where you have already secured one or more confirmed periods of shared parental leave, which means that: you have previously sent one or more booking forms (the ' Shared parental leave booking form (period of leave notice)') to request leave; and you have received confirmation from the Company that one or more shared parental leave periods have been approved and firmly scheduled. The purpose of this form is to seek one or more changes: to any of those confirmed parental leave bookings that have not yet begun; and/or to a period of leave that is underway but has not yet concluded......

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PRECEDENTS

[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ SPECIFY DIVISION ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: [ insert claim number ] Between [ Insert the Claimant’s name ] Claimant and [ Insert the Defendant’s name ] Defendant PARTICULARS OF CLAIM At all relevant times, the Defendant was both the owner and the driver of a [ insert make and model of vehicle ], registration number [ insert vehicle registration number ]. At [ insert time ] on [ insert date ], the Claimant was properly using the pedestrian crossing on [ insert street name, town, county ]. Whilst the Claimant was on the crossing, the Defendant approached at undue speed and drove erratically, failed to stop, and struck the Claimant, thereby causing injury to [ her OR him ]......

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PRECEDENTS

In the County Court at [ insert ] Claim No : [ insert claim number ] Between A B Claimant and X Y Defendant PARTICULARS OF CLAIM At all relevant times, the Claimant owned and drove a [ insert make and model of vehicle ], registration [ insert registration number ]. The Defendant owned and drove a [ insert make and model of vehicle ], registration [ insert registration number ] On [ insert date ], the Claimant was lawfully travelling on [ insert street name, town, county ], and had to reduce speed because a set of traffic lights was ahead......

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PRECEDENTS

In the County Court at [ insert ], under Claim No: [ insert claim number ], between A B as Claimant and X Y as Defendant PARTICULARS OF CLAIM At every relevant time, the Claimant owned and was driving a [ insert make and model of vehicle ], bearing registration [ insert registration number ]. The Defendant likewise was the owner and driver of a [ insert make and model of vehicle ], registration mark [ insert registration number ]. On [ insert date ], the Claimant was lawfully travelling along [ insert street name, town, county ]. Whilst the Claimant continued on that route, the Defendant’s vehicle, approaching from the opposite direction in the other lane, sought to pass a stationary car in that lane and moved across into the Claimant’s lane......

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PRECEDENTS

IN THE COUNTY COURT AT [ insert ] Claim No: Parties 1 A B — Claimant 2 X Y — Defendant PARTICULARS OF CLAIM At all relevant times, the Claimant owned and drove a [ insert make and model of vehicle ] bearing registration [ insert registration number ]. The Defendant likewise owned and drove a [ insert make and model of vehicle ] with registration [ insert registration number ]. On [ insert date ], the Claimant was lawfully positioned at the junction of [ insert street name ] and [ insert street name, town, county ], stationary and intending to turn left. Whilst the Claimant waited, the Defendant’s vehicle approached from the Claimant’s right, reduced speed and indicated to turn left into the Claimant’s road......

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PRECEDENTS

Do’s and do not’s for effective presentations Do Limber up physically and warm up, eg extend and clench your hands, then give them a shake and relax the muscles in your face and jaw. Ask your team lead to frame the session in a concise, engaging manner. Agree beforehand who will take the lead on each specific area. Practise together and also on your own. Do not Arrive at the venue at the last minute—get there with ample time to prepare and check the set up is as you expected. Look unsure about who should speak on a particular subject or at a particular moment. ......

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PRECEDENTS

[ IN THE COUNTY COURT SITTING AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] ] Claim No: [ Insert claim number ] Between [ Insert name and details of the Claimant ] Claimant and [ Insert name and details of the Defendant ] Defendant Defence It is accepted that the collision referred to in paragraph 1 occurred at the stated time and place. For the purposes of these proceedings, it is admitted that the Defendant was driving [ under the influence of alcohol OR under the influence of cannabis ] OR that the accident was caused by the Defendant’s negligence. The Defendant will say that, on the evening of the accident, both the Claimant and the Defendant had...

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PRECEDENTS

Submitted on behalf of the respondent Witness statement provided by [ insert initial and surname of witness ] Statement number: [ insert number of witness statement in relation to the witness ] for this witness herein Exhibits referenced: [ insert initials and number of each exhibit mentioned ] as described where applicable Date the statement was made: [ insert date ] [ Translation date: [ insert date ] ] Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ insert location ] ] ] [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] In the matter of Council...

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PRECEDENTS

ARCHIVED : This Precedent is archived and no longer maintained. It is intended for use in lodging a judgment in accordance with the enforcement measures prescribed by Regulation ( EC) 44/2001, Brussels I ( Chapter III, section 2)......

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Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

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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...

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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 ...

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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 ]...

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