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

To [ insert your name, geographical address, telephone number, fax number and email address ]: I/ We [] hereby notify you that I/ We [] cancel my/our [] contract of sale for the goods listed below [], or the agreement for the provision of the following service: [ describe service ] Ordered on / received on [] Name of client(s) Address of client(s) Signature of client(s) (only if this form is notified on paper) Date: [] Delete as appropriate......

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PRECEDENTS

Request to start work during cancellation period To: [ insert your name, geographical address, telephone number, fax number and email address ] I/we [] authorise [ insert firm’s name ] to begin work on [ describe digital content to be supplied ] within the 14–day cancellation period. I/we [] acknowledge and accept that, once you start to supply [ describe digital content ], I/we [] will forfeit the right to cancel and will be required to pay in full. Name of client(s): Address of client(s): [ Signature of client(s): ] Date: [] Delete as appropriate......

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PRECEDENTS

Request to start work during cancellation period To: [ insert your name, geographical address, telephone number, fax number and email address ]: I/we [] authorise [ insert firm’s name ] to begin work on: [ describe service ] within the 14–day cancellation period. I/we [] acknowledge and agree that, should I/we [] cancel within this 14–day period, I am/we are [] obliged to pay for the work completed on a pro‑rata basis. The charge will reflect the proportion of services actually delivered up to the point I/we [] notified you of the decision to cancel, relative to the overall scope of the contract. I/we [] also understand and accept that the right to cancel will be lost, and full payment will be due, once the contract has been fully performed (i.e. you finish the work), even if completion occurs during the cancellation period. Name of...

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PRECEDENTS

[ Insert name and address of client ] Private and confidential Dear [ insert name ] Your employment dispute with [ enter name ] Thank you for appointing this firm regarding your employment dispute. [ Enclosed are our terms of business. ] [ At our recent meeting OR during our recent telephone conversation ] on [ insert date ], you outlined that your grievance against your [ former ] employer, [ enter name ], [ together with [ insert names of any other potential respondents ] ], is that [ insert brief summary of client’s employment dispute, eg that you believe your dismissal on [ insert date ] was unfair ]. A complaint of this nature can be pursued as a claim in the employment tribunal but [ , as I explained, ] before any claim is issued you must first meet the ‘early...

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PRECEDENTS

Panel 11 (transfer of whole)/panel 12 (transfer of part)— Additional provisions Definitions: Documents are those in Schedule 1; Leases those in Schedule 2 (including any supplemental or collateral documents, or documents entered into under their terms); Occupational Leases those in Schedule 3 (including any such documents entered into under their terms). Transfer: The Property passes subject to, and where relevant with the benefit of, matters in the Conveyance, Documents and Occupational Leases. Indemnity covenant: option one. By way of indemnity only, the Transferee will observe and perform the covenants, conditions and other matters in: the property, proprietorship and charges registers of the title(s) in panel 1; the Documents or the Conveyance; the Leases; and the Occupational Leases; and will indemnify the Transferor and their estate against all actions, proceedings, damages, costs, claims and expenses for any future breach,...

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PRECEDENTS

Instructions for cancellation Right to cancel You are entitled to cancel this agreement within 14 days without providing any reason at all. The cancellation window ends 14 days from the date the contract is concluded, calculated from the day of conclusion. To use your right to cancel, you must tell us of your decision to end this contract by a clear and explicit notice (e.g. a letter sent by post, fax, or e-mail). You may use the attached Cancellation Form, but this is not compulsory or required. Our contact details, for sending your cancellation request, are as follows: [ insert your name, geographical address, telephone number, fax number and email address ]......

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PRECEDENTS

[ On headed paper of comfort letter provider ] To: [ insert the lender’s full name and address ] [ insert date ] Dear [ insert lender’s full name ] Facility Agreement dated [ insert date ] (the Facility Agreement) between [ insert name of borrower ] (the Borrower) and [ insert name of lender ] (the Lender). The Borrower has furnished us with an executed copy of the Facility Agreement, and we confirm our approval and acknowledge the obligations the Borrower is assuming under it......

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PRECEDENTS

[ insert date ] To: [ insert full name and address of lender ] Dear [ insert full name of lender ] I am a director and act as the [ Chief Financial Officer OR Finance Director ] of [ insert full name of guarantor/third party security provider ], a company incorporated in England and Wales with registered number [ insert company number ], and its registered office is at [ insert address ] (the Company)......

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PRECEDENTS

IMPORTANT NOTE This guide is based on the WIPO model complaint (https://www.wipo.int/amc/en/domains/complainant/) and aligns with the Uniform Domain Name Dispute Resolution Policy (the Policy) approved by the Internet Corporation for Assigned Names and Numbers ( ICANN) on 24 October 1999, the Rules for the Uniform Domain Name Dispute Resolution Policy (the Rules) approved by ICANN on 28 September 2013 and effective from 31 July 2015, and the WIPO Supplemental Rules for the Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules) in force from 31 July 2015. Different UDRP variants can govern a specific disputed domain, so confirm the applicable regime. For example, the .nl ( Netherlands) and .ir ( Iran) cc TLDs apply their own UDRP adaptations (and for Iran, important sanctions regimes may sometimes apply—ensure ownership and trading via a given cc TLD is permitted), each with separate procedural features. See...

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PRECEDENTS

The Office of the Public Guardian DX 744240 Birmingham 79 [ Office of the Public Guardian ] [ PO Box 16185 ] [ Birmingham ] [ B2 2WH ] Dear [ insert organisation name ] [ insert name of donor ] Application to register an EPA We act on behalf of [ insert name of Attorney ], the attorney for the above-named. The Attorney intends to submit an application to register the EPA dated [ insert date of EPA ]. We enclose: the original EPA; Form EP2PG; our cheque for [ insert amount of application fee ]. We would be grateful for the registered EPA to be returned at the earliest opportunity. Yours faithfully [ insert name of firm ]......

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PRECEDENTS

[ insert name and address of GP ] [ insert date ] Dear Dr [ insert name of GP ] [ insert full name, address and date of birth of client ] I have been approached by [ insert name ], whom I understand is under your care. [ He OR She ] has asked me to prepare a [ new ] Will for them. The principal provisions of the intended Will are that [ insert basis details of the terms of the proposed Will ]. Following discussions with [ him OR her ] and with [ his OR her ] [ insert relationship and name of person where appropriate eg daughter, etc ], I hold reservations regarding the mental capacity of [ insert name of client ] to provide instructions for a Will. I wish to fulfil my...

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PRECEDENTS

Dear [ insert name of client ] Many thanks for your directions [ I refer to our meeting and the instructions you gave ] regarding [ insert the details of the gift to be made ]. I would be pleased to act on your behalf in this matter......

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PRECEDENTS

I [ insert full name of attorney ] of [ insert address of attorney ] hereby give this declaration: 1 On [ insert date of the power of attorney ] [ insert full name of donor ] (the donor), of [ insert address of donor ], authorised me to......

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PRECEDENTS

I, [ insert name of client ], of [ insert address of client ] ([date of birth]), hereby permit and agree to the disclosure of copies of all papers, reports, documents and records kept in any format, whether manual or electronic, by any health professional, health body, local authority and/or person registered under Part II of the Care Standards Act 2000, to: [ insert name and address of firm or other person e.g attorney ] Signed......... Date......

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PRECEDENTS

Dear [ insert name of GP or other appropriate capacity assessor ] Re: [ insert name of patient ] We act for [ insert name of proposed deputy ] and understand that the person named above is under your care as a patient. Our client has asked us to prepare and submit an application to the Court of Protection seeking the appointment of [ him OR her ] as Deputy for [ insert name of patient ], that [ he OR she ] may make decisions on behalf of [ insert name of patient ], on the basis that they lack capacity to make those decisions independently. An application to the Court of Protection must be supported by evidence regarding capacity in Form COP3, which we enclose for your completion. In accordance with the provisions of the Mental Capacity Act 2005 ( MCA 2005), an...

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PRECEDENTS

This memorandum, dated [ insert date ], records the appointment of [ a ] new trustee [ s ] to [ insert exact name of charity ], registered charity number [ insert number ] (‘the Charity’), constituted [ in a declaration of trust OR [ if not by declaration insert details of formation ] ] dated [ insert relevant date ]. A resolution passed at a properly constituted trustees’ meeting on [ insert date of meeting ] at [ insert address of meeting place ] authorised this decision. It is declared that those in Column 1 were discharged as trustee [ s ], those in Column 2 were appointed as [ a ] new trustee [ s ], and those in Column 3 remain as trustee [ s ] of the Charity. Column 1: Person[s] discharged as trustee[s] Column 2:...

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PRECEDENTS

I, [ insert name ], of [ insert address ], born on [ insert date of birth ], authorise: my solicitor [ insert name ] of [ insert address ] to share with my doctor [ insert name ] of [ insert address ] any confidential information about me that they consider appropriate, so that my doctor can reach an opinion on whether I am able to [ insert the purpose for which the opinion is required, eg making a Will ]. my doctor to provide to my solicitor their opinion on my capacity to [ insert the purpose for which the opinion is required, eg making a Will ] and to release any other confidential details concerning my health that they regard as relevant in the...

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PRECEDENTS

To: [ insert name of co-trustee or person entitled to appoint ] of [ insert address of co-trustee or person entitled to appoint ] In the matter of [ insert name or short details of the relevant trust ] and under the Trustee Act 1925, section 25(4) (as substituted by the Trustee Delegation Act 1999, section 5(1)), I, [ insert name of donor trustee ] of [ insert address of donor trustee ], give you formal notice that: Owing to [ state reason for giving the power ], I [ have given OR intend to give ] to [ name of attorney ] of [ address of attorney ] a power of attorney, a copy of which accompanies this notice. The power of attorney [ took effect OR takes effect ] on [ insert date ] and will end on [ insert date ]. [...

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PRECEDENTS

Consent to Assignment The Landlord grants consent to the Assignment on the terms of this Licence. That consent will cease and this Licence will end immediately if completion does not occur within [3] month[s] from and including today, unless the Landlord, in its absolute discretion, agrees to extend that timeframe. If, following completion, the Assignment is not registered at HM Land Registry within [3] month[s], the Landlord may, at its discretion, serve notice bringing this Licence to an end, which takes effect immediately, subject to clause 3.3... Ending this Licence under clause 3.1 [or clause 3.2] does not affect the Tenant’s liability under clause [6.1 of this Licence OR [number] of the Lease]... The Landlord’s rights in respect of any earlier breach by any party remain fully preserved... The Landlord is under no obligation to refund any monies paid in...

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PRECEDENTS

This Deed of dissolution is entered into on [ insert date ] Parties Each individual whose name and address appear in Schedule 1 (each a Partner and, collectively, the Partners named therein). Background: The Partners have conducted and managed the Business in partnership in accordance with the terms of the Partnership Agreement. The Partners intend to dissolve and wind up the Partnership [ as contemplated by clause [ insert clause number ] of the Partnership Agreement ] on the basis set out in this deed. AGREED TERMS: 1 Definitions and interpretation 1.1 Except where expressly stated otherwise in this deed, the definitions and rules of interpretation in the Partnership Agreement shall govern......

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Popular documents

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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