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

APPENDIX [ 4 ] ADDITIONAL INFORMATION 1 Responsibility 1.1 The [ Offeror ] Directors, identified in paragraph 2.1 below, accept responsibility for the information set out in this document, with the exception of the matters described below: (a) the information relating to [ Offeree ], the [ Offeree ] Directors, their close relatives, related trusts and connected persons [ and OR , ] (b) the [ Offeree ] Directors’ recommendations and opinions concerning the Offer as contained in Part I of this document [ and (c) the information relating to the [ Offeror Parent ], the [ Offeror Parent ] Directors, their close relatives, related trusts and connected persons, ] To the best of the knowledge and belief of the [ Offeror ] Directors (who have taken all reasonable care to ensure that this is the case), the information included in this document for which they are...

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PRECEDENTS

Precedent transfer An editable Word version of the TR1 precedent form can be downloaded, saved or printed via the link below: Drafting notes to precedent transfer Panel 8— Consideration If the Landlord is paying the Premium to the Tenant, choose the first option “ The transferor has received from the transferee for the property the following sum (in words and figures):” and insert the Premium as specified. If the Tenant is paying a reverse premium to the Landlord for the surrender, choose the second option “ The transfer is not for money or anything which has a monetary value” and set out the reverse premium payment (and the Landlord’s acknowledgement of receipt) in Panel 11 ( Additional provisions). Note that the Land Registry fee for the application must be calculated by reference to the reverse premium amount, because the definition of “monetary...

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PRECEDENTS

TO BE PRINTED ON THE HEADED PAPER OF THE BORROWER’ S SOLICITORS To: [ insert details of the lender ] (the Bank) Dear [ insert lender/organisation name ], This undertaking concerns the propert[y OR ies] [ known as [ insert property description ] (the Property) OR listed in the Schedule (the Properties and a reference to each and any Property shall be construed accordingly) ] together with the [ registered ] charge over the propert[y OR ies] [ to be dated on or about the date of this letter OR dated [ insert date ] ] (the Charge) granted by [ insert borrower name ] (the Borrower) in......

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PRECEDENTS

Precedent transfer Use the link on this page to access a flexible Word edition of the TP1 precedent, ready to download, store or print. Drafting notes to precedent transfer Panel 3— Property description Where a transfer includes a plan, the precise rules appear in HM Land Registry Practice Guide 40: guide overview of Land Registry plans. Failure to comply leads to refusal of the registration application. For a disposition of part of a registered estate, the plan must be signed by both parties; this remains sound practice in any case, ensuring the transferor (tenant) and the transferee (landlord) confirm the boundaries of the property to be surrendered. If the plan is not sufficient to identify the land clearly, HM Land Registry may request that a further plan is lodged. HM Land Registry guidance states the plan is treated as if attached to the...

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PRECEDENTS

Environment Health and Safety Please provide the following: Copies of every environmental report concerning the Property or the Company’s business, including desktop reports and reviews, Phase 1 compliance audits, intrusive Phase 2 investigations, geotechnical reports and studies, validation reports, environmental management audits, flood risk assessments, regulatory compliance audits or assessments, together with any documents evidencing that the recommended actions set out within the disclosed reports have been fully and satisfactorily completed. Copies of all environmental permits (being licences, consents, authorisations, approvals, registrations, notifications and exemptions) required by applicable environmental or health & safety ( EHS) law for the Property or the Company’s operations; include complete copies of any compliance assessment reports, details of any pending applications for new permits or variations to existing permits, and all correspondence sent to or received from the relevant competent authority or regulator relating to the...

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PRECEDENTS

[ On headed notepaper of a potential syndicate member ] To: [ enter the complete name and address of the arranger ] [ enter date ] Dear [ enter the complete name of arranger ] Facility in [ enter currency ] [ enter amount ] to [ enter name of borrower ] (the Borrower) by [ enter name of Arranger ] (the Arranger) with [ enter name of Agent, as agent ] (the Agent)......

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PRECEDENTS

[ On headed notepaper of a potential syndicate member ] To: [ add the arranger’s complete name and address ] [ insert date ] Dear [ add the arranger’s full name ] [ insert currency ] [ insert amount ] facility for [ insert name of borrower ] (the Borrower), structured by [ insert name of Arranger ] (the Arranger) with [ insert name of agent ] acting as agent (the Agent)......

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PRECEDENTS

Date [ insert date ] 20[ insert year ] Parties [ insert name of Consultant ] ( Company Number [ insert company number ]), with its registered office at [ insert address ] (the ‘ Consultant ’); [ insert name of Employer ] ( Company Number [ insert company number ]), with its registered office at [ insert address ] (the ‘ Beneficiary ’, this term to include successors in title and any permitted assigns); and [ insert name of Contractor ] ( Company Number [ insert company number ]), with its registered office at [ insert address ] (the ‘ Contractor ’). Recitals ( A) The Beneficiary has engaged the Consultant pursuant to an appointment dated [ insert date ] (the ‘ Appointment ’) to deliver [ insert details of the services ] services (the ‘ Services ’) for [ insert...

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PRECEDENTS

Date [ ______________________________20[ insert ] ] Parties [ Consultant ] (incorporated and registered in England and Wales with company registration number [ insert number ], with its registered office at [ insert address ]) (the Consultant); and [ Funder, purchaser, tenant ] (incorporated and registered in England and Wales with company registration number [ insert number ], with its registered office at [ insert address ]) (the Beneficiary, a term that shall include successors in title and permitted assigns) [ ; and/. ] [ [ Client ] (incorporated and registered in England and Wales with company registration number [ insert number ], with its registered office at [ insert address ]) (the Client). ] Recitals ( A) [ [ insert name of Client ], whose registered office is at [ insert address ] (‘the Client’) OR The Client ] has engaged the Consultant pursuant to the...

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PRECEDENTS

Definitions Environment Environment means any or all of the following media: (a) air, including the air inside buildings or other structures, whether located below or above ground; (b) land, comprising soil and sub‑surface land; (c) water, covering surface water and groundwater; and includes any ecological systems or living organisms, humans included, that are sustained by those media......

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PRECEDENTS

[ Insert your current residential address ] [ Insert Home Office address to which the application is being sent ] [ Insert date ] Dear [ insert organisation name ] Application for [ extension of stay OR indefinite leave to remain ] as a [ spouse OR civil partner OR unmarried partner ] under Appendix [ FM OR Part 8 ] of the Immigration Rules I hereby state that I hold [ insert nationality ] nationality and am the [ spouse OR civil partner OR unmarried partner ] of [ insert name of sponsoring partner ]. On [ insert date ], I was issued with [ entry clearance OR leave to remain ] as their partner......

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PRECEDENTS

[ Insert name and address of client ] Private and confidential Dear [ insert name ] [ Potential employment OR Employment ] tribunal claim: [ Insert name of employee/ claimant ] [ [ WHERE A CLAIM HAS NOT YET BEEN PRESENTED: ] Following our recent [ discussions OR correspondence ], I am writing regarding the potential resolution of [ insert name ]’s employment dispute with [ the company OR [ insert name or other description of employer ] ] . ] [ [ As you are aware, ] [ insert name ] has reported their complaint to Acas against [ the company OR [ insert name or other description of the employer ] ] [ as part of the pre-claim early conciliation process ] . ] [ If this issue is not brought to a close [ during the early conciliation process ] , there remains a...

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PRECEDENTS

[ Insert your current residential address ][ Insert Home Office address to which the application is being sent ][ Insert date ] Dear [ insert organisation name ] Application for leave to remain as a [ spouse OR civil partner OR unmarried partner ] under Appendix FM of the Immigration Rules I confirm I am a [ insert nationality ] national, and that I am [ insert name of sponsoring partner ]’s [ spouse OR civil partner OR unmarried partner ]. My date of birth is [ insert date of birth ], and I am at present [ insert age ]. I also confirm that I am not related to [ insert name of sponsoring partner ] in any way prohibited for [ marriage OR civil partnership ] in the UK......

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PRECEDENTS

[ Insert your current residential address ] Entry Clearance Officer, [ Insert address of decision-making centre to which the application is being sent ] [ Insert date ] Dear [ insert organisation name ] Application for entry clearance as a [ fiancé(e) OR proposed civil partner ] under Appendix FM of the Immigration Rules I hereby confirm that I hold [ insert nationality ] citizenship and am the [ fiancé(e) OR proposed civil partner ] of [ insert name of sponsoring partner ]. My birth date is [ insert date of birth ], and I am at present [ insert age ]......

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PRECEDENTS

[ Provide your current residential address ] [ Provide the Home Office address to which the application is being submitted ] [ Provide date ] Dear [ enter organisation name ] Letter in support of [ extension of stay OR indefinite leave to remain ] application of [ insert name of applicant, nationality and date of birth ] I can confirm that I [ am a British national OR have indefinite leave to remain in the UK OR have protection status in the UK OR have pre-settled status under Appendix EU other than as a ‘joining family member’ or as a family member of a qualifying British citizen ], and that I am the [ spouse ] [ civil partner or unmarried partner ] of [ insert......

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PRECEDENTS

[ Insert your current residential address ] Entry Clearance Officer, [ Insert address of decision-making centre to which the application is being sent ] [ Insert date ] Dear [ insert organisation name ] Application for entry clearance as a [ spouse OR civil partner OR unmarried partner ] under Appendix FM of the Immigration Rules I am a national of [ insert nationality ] and the [ spouse OR civil partner OR unmarried partner ] of [ insert name of sponsoring partner ]. My birth date is [ insert date of birth ] and my age is currently [ insert age ]. I confirm that I am not related to [ insert name of sponsoring partner ] in any manner that is barred for [ marriage OR civil partnership ] in the UK......

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PRECEDENTS

[ Insert your current residential address ] Entry Clearance Officer,[ Insert address of decision—making centre to which the application is being sent ] [ Insert date ] Dear [ insert organisation name ] Letter in support of entry clearance application of [ insert name of applicant, nationality and date of birth ] I hereby confirm that I [ am a British citizen OR am settled in the UK OR have protection status OR have pre-settled status under Appendix EU other than than as a ‘joining family member’ or family member of a qualifying British citizen OR have limited leave as a worker or business person under Appendix ECAA Extension of Stay OR have permission as a stateless person ], and that I am the [ fiancé(e) OR proposed civil partner ] of [ insert name of applicant ]......

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PRECEDENTS

[ Insert your current residential address ] [ Insert Home Office address to which the application is being sent ] [ Insert date ] Dear [ insert organisation name ] Letter in support of leave to remain application of [ insert name of applicant, nationality and date of birth ] I hereby confirm that I [ am a British citizen OR have indefinite leave to remain in the UK OR have protection status in the UK OR have pre-settled status under Appendix EU other than as a ‘joining family member’ or as a family member of a qualifying British citizen ] and that I am the [ spouse OR civil partner OR unmarried partner ] of [ insert name of applicant ]. My date of birth is [ insert date of birth ] and I am presently [ insert age ]......

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PRECEDENTS

This Agreement is entered into on [ insert day and month ] 20[ insert year ] Parties [ Insert name of shareholder ] of [ insert address ]; [ Insert name of shareholder ] of [ insert address ]; [ Insert name of shareholder ] of [ insert address ]; [ Insert name of shareholder ] of [ insert address ]; (each, a party and, collectively, the parties). background: ( A) Collectively, the parties hold the legal and beneficial ownership of the whole of the issued share capital of the Company (as defined below). ( B) Each Shareholder (as defined below) has agreed to put in place arrangements for the transfer of the legal and beneficial title to their shares in the Company on their death, in accordance with this agreement......

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PRECEDENTS

FORTHCOMING CHANGE: On 26 November 2025, within Budget 2025, it was confirmed that from April 2029, only the first £2,000 per year of any pension payment made under a salary sacrifice arrangement will be exempt from National Insurance contributions ( NICs). Employee sums put through salary sacrifice above £2,000 a year will attract both employer and employee NICs, so any amount over £2,000 will, for NICs, be treated in the same way as other employee workplace pension contributions. Employer contributions remain unchanged, and income tax relief is unaffected. Employers will be required to report the total amount of salary sacrificed via existing payroll software, with HMRC committing to engage with stakeholders......

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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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