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

Equality, diversity and inclusion policy In line with our [ equality policy ], we are wholly dedicated to ensuring equal opportunity for every employee, worker and applicant, and to removing unlawful and unjust discrimination. We seek to foster a workplace that champions and respects diversity, appointing, recognising and advancing colleagues solely on merit. To evaluate the effectiveness of our [ equality, diversity and inclusion policy ], we track all applications and recruitment activities. The answers you give to the questions below will be used exclusively to review how well our policies and procedures function, and to confirm that we do not, even unintentionally, discriminate against staff or potential staff on the grounds of ethnicity, disability, gender, sexual orientation, age or religion or belief. Any details you provide will be treated as strictly confidential, and will not be available to those directly engaged in the...

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PRECEDENTS

1 Criminal record disclosure and DBS checks Your role, whether as an employee or a prospective hire, is entirely exempt under the Rehabilitation of Offenders Act 1974......

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PRECEDENTS

1 Introduction 1.1 This policy is intended to sit alongside the Company’s [ data protection policy (employment) ]. 1.2 It explains the Company’s approach to making enquiries about a prospective (or existing) employee’s criminal history, and to undertaking Disclosure and Barring Service ( DBS) checks. 1.3 This policy confirms our commitment to comply with the DBS Code of Practice and our data protection obligations, to treat prospective employees fairly, and to avoid unfair discrimination against any person who is the subject of a criminal record check on the basis of a conviction or other information disclosed. Its purpose is to describe how we meet our data protection obligations in relation to criminal records information and to protect such information, and to ensure that staff understand and follow the rules that govern the collection, use and deletion of criminal records...

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PRECEDENTS

ARCHIVED : This Precedent has been archived and is no longer maintained. CORONAVIRUS ( COVID-19) : Numerous arbitral organisations have addressed the coronavirus pandemic by issuing practical guidance and/or adapting their standard procedures and working practices. For details and updates on how this content and related arbitration proceedings could be affected, see Practice Note: Arbitral organisations and coronavirus ( COVID-19)—practical impact [ Archived] [ Archived]. For further information, see: Coronavirus ( COVID-19) and arbitration—overview......

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PRECEDENTS

Introduction and instructions Brief outline of the expert’s background and experience. Instructions Who instructed: lay client or legal advisers. Where instructed by legal advisers, identify the ultimate client. Detailed directions sufficient for the tribunal to grasp the scope. Documents relied upon: list or summarised categories. Circulation limits and reliance permissions. Disclosures of interest, including links to parties or tribunal. Any scope limitations (if applicable). Executive summary Concise overview of principal conclusions. Background to the case Outline the history and context of the matter. Main body of the report Set out the detailed analysis, methodology, and evidence. Conclusion OR Summary Summarise the expert’s opinions and key reasoning. Expert's declaration Insert the required statements and...

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PRECEDENTS

Introduction This document explains the parts of our working practices we have reviewed, the principal fire safety matters, and the hazards and risks we have identified and evaluated in relation to fire safety. A fuller appraisal of these hazards and risks is provided in the Appendix. The arrangements and measures we use to control and manage those risks, and the priority issues to address, are set out in our [ Fire safety arrangements record and evacuation plan ] 1. General Statement of Policy We are firmly committed to fire safety and aim to meet all statutory and regulatory duties. Protecting everyone who may be on our premises is central to how we manage our organisation and run our business. Accordingly, we recognise our responsibility to employees and other staff, [ clients OR customers ] , suppliers and other stakeholders. We are committed to: [...

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PRECEDENTS

Role summary This position ensures daily adherence to fire safety legislation, regulations and recognised good practice across the organisation Key responsibilities: Guiding and supporting colleagues on fire safety awareness Shaping evacuation procedures and assembly points, and running regular drills to validate them Staying current with applicable fire safety law by attending periodic training Coordinating with the emergency services, and in an incident directing evacuations and relaying issues Keeping required fire notices in place and checking escape routes remain clear and usable Managing testing of alarms, emergency lighting, fire doors, emergency exits and fire safety equipment Key deliverables: Acting as [ the OR a ] appointed individual for organisational fire safety Contributing to the fire risk assessment and fire safety action plan as needed Producing management updates and bulletins Helping record and maintain fire safety...

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PRECEDENTS

Issue Date Action/lessons learned Signature 1 [ Date ] [ Insert, e.g. We have developed a record of fire safety arrangements and an evacuation procedure ensuring effective management of fire safety risks within the workplace......

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PRECEDENTS

1 Introduction This record of our fire safety arrangements and evacuation plan sets out how we control and manage the hazards identified in our fire risk assessment. It further outlines the actions, plans and procedures to follow should a fire occur, including our arrangements for the safe evacuation or escape from our workspace(s)... 2 Responsibility 2.1 The person[s] with overarching responsibility for fire safety, and the responsible person(s) in accordance with our duties under the Regulatory Reform ( Fire Safety) Order 2005 (as amended by section 156 of the Building Safety Act 2022) [ is OR are ]: Name: [ Insert name ] Role/job title: [ Insert role/job title ] Contact details (including UK-based address): [ Insert details or details of where this information can be found ] Name: [...

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PRECEDENTS

Flexible working request [ Insert name of employee ][ Insert address of employee ][ Insert date ] Dear [ insert employee’s name ] I am contacting you regarding your flexible working request dated [ insert date which appeared on employee’s request ], which we received on [ insert date employer received the request ]. After receiving your request, [ [ OPTIONS 1 (full agreement to original request after proper consideration), 2, OR 3: ] [ a [ consultation ] meeting took place OR meetings [ , including a consultation meeting, ] took place ] with you on [ insert date(s) of meeting(s) held to consider the request ], during which your request was discussed OR [ OPTION 4 (full agreement to original request without need for any discussion): ] I agreed to your request without the need for any further discussion or enquiry OR [ OPTION 5: ] it was...

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PRECEDENTS

Stop press The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, bring the outstanding provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) into effect. Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, while those on penalty notices and complaints take effect on 19 June 2026. For more information, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Precedent will be updated shortly to reflect these changes. [ Insert name and address of employer ] Dear [ enter name ] Draft service agreement Please find enclosed a draft agreement for your consideration. [ You will notice there are sections in square brackets where I will need your instructions, and I have included optional clauses for the company to...

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PRECEDENTS

[ Insert name and job title of intended recipient ] [ Insert name of employer company ] [ Insert address of recipient at employer ] [ Insert date ] Dear [ insert name ] Flexible working request I am submitting a request for flexible working under my statutory entitlement, in accordance with section 80F of the Employment Rights Act 1996. If approved, this will represent a variation to my terms and conditions of employment. I qualify to make this application because: I am employed by [ insert name of employer company ]; [ I am an agency worker making this request following my recent return from a period of parental leave. ......

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PRECEDENTS

[ Insert name of employee ] [ Insert address of employee ] [ Insert date ] Dear [ Insert name of employee ] I am contacting you regarding your flexible working request dated [ insert date which appeared on employee’s request ], which reached us on [ insert date employer received the request ]. In line with the law, we must advise you of the outcome of your request within two months from the date we received it (i.e. this period is known as ‘the decision period’)......

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PRECEDENTS

[ Insert name of employee ] [ Insert address of employee ] [ Insert date ] Dear [ insert employee’s name ] I am getting in touch regarding your flexible working application dated [ insert date which appeared on employee’s request ]. [ We sent you a letter dated [ insert date of decision letter ] that explained our decision on your application. You chose to appeal that decision......

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PRECEDENTS

[ Insert name of employee ] [ Insert address of employee ] [ Insert date ] Dear [ insert employee’s name ] I am contacting you about your appeal dated [ insert date of notice of appeal ] against the outcome of your flexible working request. After we received your notice of appeal on [ insert date employer received the notice of appeal ], one of the following applied: A meeting, or a series of meetings, was held with you on [ insert date(s) of meeting(s) held to consider the appeal ] to discuss your appeal; or I agreed to your original flexible working request without needing any further discussion or investigation; or It was immediately apparent, without any further discussion or investigation, that we would not proceed to consider your appeal because you were not legally entitled to make the flexible working...

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PRECEDENTS

[ Enter name of employee ] [ Enter address of employee ] [ Enter date ] Dear [ enter employee’s name ] I am contacting you about your request for flexible working dated [ enter date as shown on employee’s request ] (hereafter referred to simply as ‘your flexible working request’)......

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PRECEDENTS

[ Employee’s full name ] [ Employee’s address ] [ Date ] Dear [ employee’s name ] Thank you for your appeal notice dated [ date of notice of appeal ], which we received on [ date the employer received the request ], concerning your flexible working request dated [ date shown on the employee’s request ]. I would like to arrange a meeting with you to discuss your appeal at the earliest available and convenient opportunity possible for you......

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PRECEDENTS

[ Insert name of employee ] [ Insert address of employee ] [ Insert date ] Dear [ insert employee’s name ] Thank you for your flexible working request dated [ insert date which appeared on employee’s request ], which reached us [ in the post on OR when you hand-delivered it to [ insert name of recipient ] on OR by email dated ] [ insert date employer received the request ]. I would like to meet with you to briefly discuss your request at the earliest opportunity......

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PRECEDENTS

[ Insert name and address of employee ] Dear [ enter name ] Draft service agreement I am sending a service agreement for your consideration and review, prepared by [ your employer OR your employer’s solicitors ]. [ You will notice that there are sections in square brackets where I will need your direction. ] When you have had time to read the draft in full, please contact me at your convenience so we can talk through any further changes to recommend to your employer. This sort of contract is generally designed for a more senior employee on a conventional working pattern and structure. If you will be working irregular hours or have (or wish to have) any flexible arrangements, do please tell me, as the agreement will require adjustment to reflect this. I set out below some specific key points on certain clauses in the draft [ and...

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PRECEDENTS

[ Insert name and job title of intended recipient ] [ Insert name of employer company ] [ Insert address of recipient at employer ] [ Insert date ] Dear [ insert name ] I am writing in connection with my flexible working application dated [ insert date which appeared on employee’s request ] and the decision issued by [ insert name of employer company ] on [ insert date ], which I received on [ insert date ]. I wish to appeal [ insert name of employer company ]’s decision [ to refuse my flexible working request in its entirety OR to decline the changes I sought to my terms and conditions of employment and instead propose to [ describe nature of alternative offer that employer made in response to original request ] ]. The basis for my appeal is [ insert grounds on which appeal is being made...

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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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