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

1 Introduction We have carried out a firm-wide evaluation of the likelihood that our systems and/or services could be affected by cybercrime. This appraisal took account of: our key IT assets; the likeliest targets; possible attack types; our protective measures. 2 Critical IT/data assets We have identified our vital IT and data holdings. These comprise: client information; [ staff data; ] [ website; ] [ IT server; ] [ email server; ] [...

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PRECEDENTS

1 Introduction 1.1 Although remote working (at home or while travelling) and removable media deliver major advantages to our business and customers, they also introduce risks that can be difficult to control. 1.2 This policy outlines those risks and the procedures we use to lessen them. 2 Responsibility and application 2.1 [ State name or role, eg The Data Protection Officer ( DPO) ] holds responsibility for this policy. 2.2 This policy applies to all staff. 3 The risks Remote working and removable media involve moving and storing confidential and sensitive data outside the office’s secure environment, commonly via the internet and at times in public locations. This leaves us exposed to notable risks. 3.1 Loss or theft of data Portable devices are especially prone to loss or theft and may not benefit from the same physical...

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PRECEDENTS

1 Background information Full name of [ prospective ] supplier [ To be completed by customer ] Registered address [ To be completed by customer ] Short overview of services to be provided [ To be completed by customer ] Date the [ prospective ] supplier completed this questionnaire [ To be completed by customer ] Signature of the authorised representative of the [ prospective ] supplier [ To be completed by supplier/third party ] Name of the authorised representative [ To be completed by supplier/third party ] 2 Governance Who holds ultimate accountability within your organisation for managing information and cyber security? [ To be completed by supplier/third party ] When did the board most recently review information security, cyber security and cybercrime risk? [ To be completed by...

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PRECEDENTS

Please select the Precedent link. Please note this log was compiled in Excel, therefore it cannot be downloaded directly into Word at all...

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PRECEDENTS

Created to support staff training on cybercrime and cybersecurity, this Precedent presentation serves as an aid. It is not a technical manual; instead, it offers guidance to help organisations instruct their teams on measures used to control the risk of cybercrime. While it features several references to technical elements of cybercrime and cybersecurity, these are provided solely as general pointers for organisations to consider internally......

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PRECEDENTS

Threat Advanced persistent threat ( APT) What is it? Attackers obtain unauthorised access to a system and remain concealed for extended periods, potentially moving sensitive data without permission. Even once spotted, they may leave several backdoors so they can return. Our defensive measures We ensure users understand the risk and follow basic account security practices. We use firewalls to monitor and filter traffic. We use antivirus software. Botnet What is it? A group of infected computers remotely controlled by a hacker, who can share or sell access to other cyber criminals to send spam or overwhelm a system. Our defensive measures See Malware and Hacking Chain letter What is it? An email that pushes recipients to forward it to others. Not a security threat, but it wastes time and can slow email servers. Our defensive measures We advise users not to forward chain letters or hoaxes. We keep informed about chain...

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PRECEDENTS

Quarter 1— Confidential information This quarter’s pointers and reminders focus on carefully managing confidential information. For more detailed guidance, please refer to the following resources and policies: [ insert, eg Clear desk and clear screen policy ] [ insert, eg Remote working and removable media policy ] [ insert, eg Cybercrime prevention strategy and incident management plan ] [ insert, eg Confidentiality and disclosure policy ] [ insert, eg Information management and security policy ] [ insert, eg Internet, email and communications policy ] [ insert, eg Bring your own device ( BYOD) policy ] [ insert, eg Generative AI policy ] Month 1— Think ‘secure’ You handle significant and sensitive work. We all share a responsibility to ensure it remains protected and confidential. Always remember to lock your computer or any device when it’s not in use. Doing so helps to safeguard devices and keeps those vital matters...

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PRECEDENTS

[ insert name of company adopting the EMI scheme ] (the Company)—[ insert Company number ] Record of a meeting of the Company’s [ remuneration committee of the ] board of directors convened at [ insert place of meeting ] on [ insert date of meeting ] at [ insert time of meeting ] Present: [ insert name of director to be Chair ] (the Chair) [ insert names of directors present ] In attendance: [ insert names of those in attendance ] Apologies: [ insert names of directors who are unable to attend meeting ] 1 Notice and quorum [ insert name of Chair ] took the role of Chair for the meeting. It was confirmed that valid notice of the meeting had been provided in accordance with the Company’s articles of association ( Articles), and that a quorum was...

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PRECEDENTS

1 Please provide full details of the Company’s compliance with the CRC Energy Efficiency Scheme (the initial phase: 1 April 2014 – 31 March 2019) ( CRC Scheme), including: 1.1 Confirm if the Company is participating in the CRC Scheme and state the qualifying basis. Indicate whether it operates as a standalone company, forms part of a group (within the meaning of Art 3 of the CRC Energy Efficiency Scheme Order 2013, as amended, SI 2013/1119), or is treated as a disaggregated subsidiary......

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PRECEDENTS

Health and safety Please supply, where relevant, records covering: Health and safety policy; certifications ( ISO 45001/45004, contractor accreditation); contents/index of the management system. Risk-based documentation: sample risk assessments (incl. explosion); COSHH inventory and assessments ( SI 2002/2677); COMAH notifications, Major Accident Prevention Policy and, where relevant, Site Safety Report ( SI 2015/483). Asbestos: surveys, register, management plans, clearance certificates, periodic checks, or basis confirming no asbestos. Fire safety: risk assessment and actions; inspection/maintenance of alarms, emergency lighting, extinguishers/sprinklers, smoke vents, dry/wet risers. Electrical and gas: most recent fixed‑wiring inspection and actions; latest gas plant service records. Water hygiene: legionella risk assessment/audit and management records (treatment, tank cleans, temperature checks); cooling tower/evaporative condenser notifications to the local authority. Lifting and machinery: inspection/test records, machinery safety assessments and example periodic/pre‑shift checks. Occupational exposure: noise surveys and airborne monitoring for any specified chemicals; ionising radiation records (personal dosimetry, authorised users, local rules, safety audit, risk...

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PRECEDENTS

Key information Information details Firm name [ Insert details ] Role holder’s name [ Insert name ] Reporting line [ Insert details ] Type of role [ Insert, e.g. full-time/part-time/contractor ] [ If a contractor role, include length of contract ] Primary location [ Insert the main location for this role—if the post-holder is expected to spend regular time across multiple sites, e.g. in each regional office, ensure this is stated clearly ] Working pattern: remote/hybrid/office-based [ Insert type of work model ] Start date [ Insert date ] Probation length [ Insert details ] Probation review end date [ Insert date ] Role summary The core elements of the marketing/business development manager role are: Strategic marketing – carry out the necessary analyses, set objectives aligned to the business plan, and shape strategies and...

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PRECEDENTS

Learning and development ( L& D) plan Coverage period: [ Insert period ] 1 Responsibility Accountability for this L& D plan rests with: [ Insert the name of the individual accountable for this plan, e.g. head of L& D/head of HR/training partner/other ] 2 Business objectives What are the firm’s business objectives? [ Insert business objective(s) drawn from the business plan, e.g. to attain net profit of 30% of turnover within the year ] In what ways can L& D enable the firm to realise its business goals?......

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PRECEDENTS

[ insert name of company adopting the CSOP ] ( Company)—[ insert Company number ] Minutes of a meeting of the [ remuneration committee of the ] board of directors of the Company convened at [ insert place of meeting ] on [ insert date of meeting ] at [ insert time of meeting ]. Present [ insert name of director to be Chair ] (the Chair) [ insert names of directors present ] In attendance [ insert names of those in attendance ] Apologies [ insert names of directors who are unable to attend meeting ] 1 Notice and quorum The meeting appointed [ insert name of Chair ] as Chair. It was noted that due notice of the meeting had been provided in line with the Company’s articles of association ( Articles) and that a quorum was present....

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PRECEDENTS

Precedent Transfer A flexible Word edition of the TR1 precedent can be accessed via the link provided here, allowing easy download, saving, or printing. Drafting notes to precedent transfer General Any references to 'panels' in these drafting notes point to the panels contained in HM Land Registry form TR1. TR1 is the prescribed document for transferring the entirety of freehold or leasehold land under the Land Registration Rules 2003......

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PRECEDENTS

Precedent Transfer A flexible Word edition of the TR1 precedent can be downloaded, stored or printed using the link on this page. Drafting notes to precedent transfer General Any mention of ‘panels’ in these drafting notes refers to the panels in HM Land Registry form TR1. The TR1 is the prescribed document, under the Land Registration Rules 2003, for transferring the whole of freehold or leasehold land. Form TR1 can also be used for transfers of the entirety of unregistered land where the disposition triggers compulsory registration, or where the transferee is certain that a voluntary application for registration will be made......

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PRECEDENTS

Precedent Transfer An editable Word edition of the TR1 precedent can be obtained via the link directly on this page, downloaded, then saved or printed if and when needed. Drafting notes to precedent transfer – General: Any mention of ‘ Panels’ in these drafting notes relates to the panels in HM Land Registry form TR1. TR1 is the prescribed instrument for transferring the entirety of freehold or leasehold land under the Land Registration Rules 2003. The form may likewise be used to transfer the whole of unregistered land where the disposition triggers compulsory registration, or where the transferee intends to submit a voluntary application for registration......

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PRECEDENTS

L& D policy—staff survey Your views are extremely important to us, helping us to further improve our learning and development ( L& D) offering. Please kindly complete and return this form. Question Score Feedback How would you assess our current learning provision?......

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PRECEDENTS

Background information Name Position Department/unit Contact information Course completed Course date Course review Has the initially identified business need been resolved? ☐ Yes ☐ No If yes, kindly specify how this has been resolved......

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PRECEDENTS

1 Executive summary Insert a concise overview capturing the primary recommendations set out in this document. 2 What is the business need? Provide specifics on the performance adjustments required to meet the organisation’s needs. Describe how targeted training offers the most effective route to achieving these performance improvements. 3 What external factors are affecting the firm? Set out the external influences impacting the firm that should be addressed through L& D......

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PRECEDENTS

1 About you Forename Position Division / Group Contact information 2 About the course you want to attend Course name Training provider Course fee Anticipated travel / accommodation expenses Venue for the course ☐ Virtual ☐ In-person Session date Who recommended that you attend this course?......

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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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