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

Our presentation aims to coach your team on your risk management policy, and to share risk information with your staff members effectively. These training resources are customisable. This edition of the training pack is produced in Power Point, and therefore it cannot be downloaded into Word directly from this page. Use the link below to download the Power Point presentation......

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PRECEDENTS

AML, CTF & counter-proliferation financing training record Please click to view Excel version of this register...

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PRECEDENTS

[ 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...

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PRECEDENTS

1 Introduction 1.1 Compassionate leave exists to help you handle the death of a close family member, organise arrangements and be present at the funeral. It can also be approved when a close relative is severely or critically unwell. 1.2 This policy explains how [ enter name of organisation ] (the Company) will deal with compassionate leave and the actions you should follow if you wish to request compassionate leave. 1.3 [ The Company recognises the personal nature of bereavement and grief and is dedicated to assisting employees in practical and reasonable ways. ] 1.4 [ This policy applies only to employees. It does not extend to agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] or casual workers. OR This policy applies to all employees, officers, agency workers,...

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PRECEDENTS

1 Introduction 1.1 The entitlement to shared parental leave ( SPL) enables qualifying staff to decide how they divide childcare in the first year following birth. It is open to the child’s mother and one additional individual, who must either be the child’s father, or someone married to, the civil partner of, or the partner of, the mother. Either or both of these eligible individuals may work for the Company. 1.2 This policy [ has been agreed in consultation with [ the trade union OR staff association OR employees ] and ] covers all employees. Provisions dealing with shared parental pay ( Sh PP) (paragraphs 5 and 6, the pertinent sections of paragraphs 8, 9 and 12, and paragraph 15) also extend to some people who are not Company employees but are in ‘employed earner’s employment’ with the Company: in general terms, this refers to...

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A: General information Register last updated: [ Insert date ] Updated by: [ Insert name ] Entry 1 Software: [ Office 365 ] Provider: [ Microsoft ] Version: [ insert ] Purpose: [ Word processing ], [ Email application ], [ Calendars ], [ Presentations ] Access: [ None. Available to all users ] Notes: [ Annual subscription model ] Entry 2 Software: [ insert ] Provider: [ insert ] Version: [ insert ] Purpose: [ Client relationship management ( CRM) ] Access: [ Restricted to partners and senior associates ] Notes: [ A process ensures entries are reviewed on an annual basis ]......

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PRECEDENTS

Kindly click for an Excel copy of this register...

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PRECEDENTS

Firm name: [ Add the firm’s name ] Role holder’s name: [ Provide the name ] Reports to: [ Supply details of the individual or post to whom the role holder will report ] Role type (full-time/part-time/contractor): [ Specify ] If engaged as a contractor, contract duration: [ State length ] Primary location: [ Indicate the principal location for this role—if the role requires the holder to spend regular time across several locations, e.g. each regional office, make sure this is clearly set out ] Working pattern (remote/hybrid/office-based): [ Confirm the working model ] Start date of role: [ Insert date ] Length of probation period: [ Specify ] End of probation review date: [ Insert date ] Role summary Deliver a high-standard legal service to the firm’s clients......

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PRECEDENTS

A: The role Information Details Position title [ Enter title ] Role reference [ Enter reference ] Department [ Enter department ] Section [ Enter section ] Reports to [ Specify relevant management structure ] Main workplace [ State the primary base for this post—if the postholder is required to regularly spend time across multiple sites, eg in each regional office, make sure this obligation is made explicitly clear and ensure it is also clearly communicated ] Remote/hybrid/office-based?......

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PRECEDENTS

Analytical thinking Behaviour Spots issues and underlying causes, drawing connections across information sourced from multiple places and threads of evidence to build a clear picture. Sample questions Recall a situation you faced that demanded analytical thinking from you, and explain your approach? What has been one of the toughest problems you’ve had to analyse? Have you spotted a possible issue or opportunity your manager or others missed? Describe when this occurred. Have you encountered a repeating problem at work? Tell me about it. What actions did you take in that scenario? Achievement Behaviour Shows drive to deliver outcomes; persists with agreed plans, even when progress is slow. Sample questions What has been a target you needed to achieve? In your current role, what have you accomplished that makes you especially proud? Pick one they mention. That’s...

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PRECEDENTS

A: Employee details Full name [ Enter employee’s name ] Commencement date [ Enter ] Role title [ Enter ] Reporting manager [ Enter ] Department [ Enter ] Main workplace [ Enter location, e.g. the principal place the employee will be based ] Working arrangement? Remote/ Hybrid/ Office-based? ......

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PRECEDENTS

A: General information Interview date Applicant’s name Role being sought Panel members Stage of selection Initial interview Follow-up interview Alternative (please specify) Was the interview virtual or face to face? B: Preliminary questions [ Provide an overview of your career so far OR Walk me through your CV ] ( Allow the candidate to speak—do not prompt) Outline your ideal role What motivated you to apply for this role? What progression are you seeking from this position? ......

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Talent management strategy Section Questions to ask yourself Response Introduction Why do we need a talent management strategy? What outcomes are you aiming for? What is the timeframe to realise them? What is within the scope of this strategy? Who will sponsor and steer this strategy? [ Tie this plan to the firm’s business plan; for example, if the business plan spans five years, align this talent strategy to the same five-year horizon. ] [ Add references and links to connected plans, policies and strategies. ] [ Identify a named person with end-to-end accountability for leading the project. ] Links to the business plan In what ways does this strategy support and complement the business plan? What are the business plan’s key objectives, and how will this strategy enable their delivery? Which internal and external factors are...

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PRECEDENTS

Claim No. [ insert number ] In the County Court at [ insert location ] Between [ Insert claimant’s name ] Claimant and [ Insert defendant’s name ] Defendant PARTICULARS OF CLAIM Throughout the material period, the Claimant was employed by the Defendant as a [ insert job title ] at the Defendant’s [ insert premises information ] premises. At all relevant times, the Personal Protective Equipment at Work Regulations 1992, SI 1992/2966 (“the Equipment Regulations”), the Workplace ( Health, Safety and Welfare) Regulations 1992, SI 1992/3004 (“the Workplace Regulations”), and the Control of Substances Hazardous to Health Regulations 2002, SI 2002/2677 were applicable. The Claimant relies on contraventions of the aforesaid regulations as particulars evidencing negligence. In the course of [ his OR her OR employment the Claimant handled/came into contact with compounds including [ insert name of compounds ] containing [ insert name of salient...

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PRECEDENTS

A: Employee information Employee: [ Provide name ] Role: [ Provide role ] Period of absence: [ Specify the duration of absence, or for intermittent absence state the number of days and the timeframe during which this took place ] Record completed by: [ Provide name ] B: Potential contractual adjustments Reduce working hours: [ Describe what has been reviewed and your findings, or what has been actioned and the result ] Change working pattern: [ Provide details ] Agree ......

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PRECEDENTS

This template is designed for legal practices...

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PRECEDENTS

Existing disputes If a dispute has already arisen but there is no arbitration agreement between the parties, or the parties intend to amend an existing dispute resolution clause so as to adopt LCIA arbitration, the following wording is recommended for use: ‘ Following the emergence of a dispute between the parties concerning [ insert a brief description of the dispute, including, if appropriate, an identification of the contract(s) ], the parties agree that such dispute shall be referred to, and finally and conclusively determined by, arbitration under the LCIA Rules. The tribunal shall comprise [ [ a sole arbitrator OR three arbitrators ] ]. The seat (legal place) of the arbitration shall be [ insert city and/or country ]. The language of the arbitral proceedings shall be [ specify language ]. The governing law of the contract [ is/shall be ] the...

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PRECEDENTS

This template supplies example wording you can use when emailing the Lexcel assessor together with your staff list...

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PRECEDENTS

Counterparts A counterparts clause is a standard boilerplate provision that permits the parties to a contract to sign separate versions of the same agreement, rather than requiring every signatory to endorse one single document. Although there is no statutory footing for this in Ireland, executing agreements in counterparts is nonetheless common practice. This approach is especially useful where there are numerous parties, or where signatories are spread across different regions or countries and cannot arrange an in‑person completion meeting. If an agreement omits a counterparts clause, that omission may not, of itself, prevent the execution of a counterpart document. Even so, including such a clause is recommended to provide certainty and to forestall any suggestion that the agreement is not binding because it has not been executed correctly. It is also important to distinguish between original counterparts and original duplicates. If all parties sign several copies of the...

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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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