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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
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Dear [ insert name ] Lexcel assessment on [ insert date of assessment ] Many thanks for the Lexcel assessment plan...
Dear All We have concluded our recent Lexcel assessment. Our sincere thanks to all for your kind co-operation, especially to those who were interviewed by the assessor......
What is Lexcel? Lexcel is the Law Society’s quality benchmark, granted only to solicitors who demonstrate exemplary standards in management and client care. [ We have held Lexcel accreditation for [ insert number ] years, but we must complete an annual assessment to retain it. OR We do not currently hold Lexcel, yet we have worked hard to meet the required standards and believe we are now ready to apply. We have therefore submitted a formal application, which includes a rigorous review by an independent Lexcel assessor. ] What does the assessment involve? A Lexcel assessor will visit our offices and evaluate our: policies and procedures strategic plans people and information management client care risk management file and case management The assessor will check compliance with the Lexcel standards and will also randomly select a number of fee earners and support staff for face-to-face interviews. Why have I been selected for...
A: Pre-assessment Complete the self-assessment ( Law Society’s website). Appoint a logistics lead and an accountable person/committee. Identify required Lexcel policies/procedures, allocate owners, brief them, and set deadlines with reminders. Choose an assessment body ( Centre for Assessment Ltd, Inspiring Business Performance Ltd ( IBP), or Recognising Excellence), apply and obtain an assessor. Agree the date, draft and finalise an all staff list, secure Law Society approval, notify staff (dates, interviews, process, holiday cut‑offs), book meeting room(s); update the assessor. Receive the assessment plan (interviewees, timetable, extra documents), amend schedules, brief fee earners/support staff, run open matter reports, gather further items requested, and email all required documents. B: Assessment day Receive the client file request; collate files and supporting materials, provide IT access, host the assessor, manage the timetable, and note feedback. C:...
Dear All We have successfully secured our Lexcel accreditation. This marks a significant achievement for us...
Dear All Our Lexcel evaluation is formally scheduled [ on [ insert date ] OR from [ insert date ] to [ insert date ] ]. Lexcel is the Law Society’s professional practice management benchmark, conferred only upon firms that achieve the very highest standards of management and customer care......
[ At the County Court at [ insert ] or in the High Court of Justice ] [ [ Identify division ] ] [ [ Identify specialist court ] ] [ [ Insert location ] ] Claim No: [ Insert claim number ] Between [ Insert name and details of the Claimant ] — Claimant and [ Insert name and details of the Defendant ] — Defendant and [ Insert name and details of the Third Party ] — Third Party Third Party’s Defence to Defendant’s Additional Claim The Third Party admits paragraphs 1 to 3 of the Particulars of Additional Claim......
[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ Specify division ] ] [ [ Specify Specialist court ] ] [ [ Insert location ] ] Claim No: [ Insert claim number ] Between [ Insert name and details of the Claimant ] Claimant and [ Insert name and details of the Defendant ] Defendant and [ Insert name and details of the Third Party ] Third Party Defendant's Additional Claim against Third Party The Claimant seeks damages in accordance with the Particulars of Claim from the Defendant. The Defendant intends to contest the proceedings in line with the Defence. At all material times, the Third Party served as the Defendant’s sub-contractor. Throughout the relevant period, the relationship between the Defendant and the Third Party was governed by a written agreement, a copy of which is...
[ In the High Court of Justice OR In the County Court at [ insert ] ] [ [ Specify division ] ] [ [ Specify Specialist court ] ] [ [ Insert location ] District Registry ] Claim No: [ insert claim number ] Between [ A B ] Claimants and [ X Y ] Defendants Defence The matters set out in paragraph 1 of the Particulars of Claim are admitted. Regarding paragraph 2 of the Particulars of Claim, the Defendants are unable to admit or deny and accordingly require the Claimant to prove the facts and matters alleged. Any allegation of negligence, breach of statutory duty, and causation as pleaded in paragraph 3 of the Particulars of Claim is denied in full. It is denied that the Defendants were responsible for nuisance as alleged in paragraph 4 of the...
ARCHIVED : This Precedent has been archived and is not maintained. This Precedent, together with the associated drafting notes, is intended for use in proceedings commenced in the courts of England and Wales at any time, provided that the related proceedings in the EU Member State court were commenced on or before 31 December 2020 and the transitional provisions on jurisdiction in Articles 67 or 69 of the Withdrawal Agreement have been satisfied. Filed on the applicant’s behalf Witness statement of [ insert initial and surname of witness ] Witness statement number: [ insert number of witness statement in relation to the witness ] Exhibit details: [ insert initials and number of each exhibit referred to ] Date the statement was made: [ insert date ] [ Date of translation: [ insert date ] ] Claim No. [ insert claim number ]......
ARCHIVED : This Precedent is now archived and no longer updated. This Precedent with its drafting notes may still be used in cases begun in the courts of England and Wales at any time, provided the parallel linked claim in the court of an EU Member State was started on or before 31 December 2020, and the jurisdiction provisions in Articles 67 or 69 of the Withdrawal Agreement are satisfied. Related Precedents For a template witness statement supporting the application, refer to Precedent: Witness statement in support of application for stay under Article 29 of recast Brussels Regulation. For a model order, see Precedent: Draft order for an application to stay proceedings under art 29 of Brussels I ( Recast)......
Complete the absence/leave form below and secure your manager’s approval signature. Send the original completed form to HR and keep a copy for your records......
ARCHIVED : This Precedent is archived and not maintained. This Precedent, together with accompanying drafting notes, is intended for use in proceedings issued in the courts of England and Wales at any time, provided that the connected proceedings in the EU Member State court were issued on or before 31 December 2020 and the transitional rules on jurisdiction in Articles 67 or 69 of the Withdrawal Agreement have been satisfied. Claim No. [ insert claim number ]......
1 About our terms 1.1 These terms of use ( Terms) set out how you may access this website and all of its material (the Site). These Terms apply between [ insert name of website operator ] (we, us or our) and you, the individual accessing or using the Site (you or your). 1.2 You should read these Terms carefully before using the Site. By using the Site, or otherwise signalling your consent, you agree to be bound by these Terms. If you do not agree with any of them, you must stop using the Site immediately. 1.3 [ The Site is made available by us to you without charge for information [ or entertainment ] purposes only. OR These Terms apply to any sections of the Site, its functionality and content that are provided to you free of charge for...
Building a pipeline of prospective new clients tends to work best when approached in an organised, methodical manner from the outset and throughout. Maintaining up-to-date records is a key element of pipeline management—keeping information and data in one place, such as a central spreadsheet, makes the process more efficient and provides confidence that you are staying firmly on top of your new client pipeline at all times. Please click for an Excel spreadsheet......
General Date of meeting [ Insert date ] Chair/lead [ Insert name and role ] In attendance [ Insert names and roles ] Date of request for proposal ( RFP)/invitation to tender ( ITT) [ Insert date ] Prospective client [ Insert name ] Agenda Clarify: the scope of work we are invited to tender for any questions in the RFP/ ITT requiring answers evaluation criteria/scoring system the submission date and time [ Ensure you have complete clarity about the scope of work ] [ Make sure you identify every question or criterion you need to cover in......
ARCHIVED: This Precedent has been archived and not maintained. From 1 September 2021, candidates may qualify through the training contract route only if they satisfy the SRA’s transitional requirements. Otherwise, qualification must be via the Solicitors Qualifying Examination ( SQE). For information, see Practice Note: The Solicitors Qualifying Examination ( SQE). [ Subject to contract ] Dear [ insert name of trainee solicitor ] Further to [ your interview on [ insert date ], ] I am pleased to confirm the Firm’s offer of employment as a trainee solicitor, subject to the conditions outlined below. [ If accepted, this offer will be formalised in OR I attach ] [ our standard recognised training contract ] (the ‘ Training Contract’), and, where any inconsistency arises, its terms will take precedence over the details set out below. Terms of offer The principal terms of our offer are: to provide...
Client’s needs Check | Outcome | Person responsible | Date Have we located and completely addressed each query raised in the brief? ☐ Yes ☐ No If not, which questions were overlooked and for what reason? Have we shown compliance with all elements of the selection criteria? ☐ Yes ☐ No If not, which criteria remain unmet in our submission and why? Does the client employ specific jargon or preferred terms? ☐ Yes ☐ No If so, what are they, and have we woven them into our proposal? Does the brief highlight any pain points or concerns for the client? ☐ Yes ☐ No If so, what are they, and have we offered remedies and/or evidenced our expertise? Do we have insight into the client’s values? ☐ Yes ☐ No If so, what are they, and how have we...
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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 ]...
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