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

End of month 6 Hours recorded — Actual month: 85; Budget month: 100; Actual YTD: 540; Budget YTD: 600. WIP (£’000s) — Actual month: 55; Budget month: 45; Actual YTD: 55; Budget YTD: 45. Action required following discussion with supervisor Monthly and year‑to‑date hours are below target. Ensure all matter‑related time is fully logged; if there is not enough work available, discuss this with your supervisor. WIP is currently £10k ahead of budget......

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PRECEDENTS

Click to access an Excel copy of this first aid needs assessment Precedent. Introduction This document explains which aspects of our working practices have been reviewed, along with the hazards and risks considered, in respect of first aid provision. In Section A we summarise our organisational makeup and the principal first aid topics. Section B sets out the risks identified and the arrangements and controls we will put in place to manage and contain those risks. As a result of this assessment, our present first aid requirements have been determined and these are recorded in Section C. Responsibility The individual with overall responsibility for this assessment is [ insert name ]. Other persons with delegated first aid duties are: Name – Role [ Insert name ] – [ Insert details, e.g. first aider for ground floor ] [ Insert name ] – [ Insert...

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PRECEDENTS

A: General information Review date [ Insert date of review ] Reviewer(s) [ Insert name ] B: Review and findings Have you examined your first aid needs assessment? Yes/ No If not, outline any required amendments and ensure an action is logged in section C below to update your health and safety policy accordingly Has this review identified any remedial measures or other steps required to control or mitigate any risks?......

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PRECEDENTS

1 Persons involved Name of person needing first aid [ Enter name of injured person ] Job title/role (if employed) Status (if not a worker, e.g. client/customer/visitor) Injured person’s address 2 About the accident Date and time of incident Exact location (room/area) and site address Summary of events (if known) [ Describe how the accident happened, if known ] Witnesses [ List witness name(s) and address(es) ] 3 About the injury Injury description [ Insert details of the injury ] Affected body part(s) Severity: minor/moderate/severe/severe requiring hospital treatment First aid provided and first aider’s name Taken to hospital? Yes/ No Hospital details; if No, next destination (e.g. home/back to work) Reportable to the Health and Safety Executive? Yes/ No/ Not known If Yes, date referred to the organisation’s Health and Safety...

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PRECEDENTS

1 Objectives Provide an overview of your principal aims here. For example: To meet the requirements of the Bribery Act 2010, we must ensure every employee completes the online training that covers our anti-bribery and corruption policies and procedures. This must be finalised by [ insert date ]. All staff should understand that they are required to have finished the online training, including the self-assessment form, by this deadline... 2 Budget Provide information on any budget you can make available for the project here. For example: We have allocated £[ insert figure ] for promotional materials. All training materials have already been commissioned and paid for. Please charge to cost code [ insert ]... 3 Audience details 3.1 Audiences involved Set out here details of all the people you need to communicate with. Depending on the size of your organisation and/or project, you may wish to arrange this by...

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PRECEDENTS

1 Objectives Provide a succinct outline of your principal objectives here. For instance: To meet the obligations of the Bribery Act 2010, we must ensure every member of staff has completed in full the e-learning covering our anti-bribery and corruption policies and procedures. This must be finished by [ insert date ]. Make it explicit that all staff understand they are required to complete the online course, together with the self-assessment form, by this deadline. 2 Audience details 2.1 Audiences involved Set out the details of everyone you need to communicate with. Depending on the scale of your organisation and/or project, you may prefer to structure this by individual, by team, or by division. Consider whether they have any special message requirements, where they are located, and any language considerations. Your communications team should then be able to advise on the most appropriate ways to reach them. For...

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PRECEDENTS

[ To be printed on the headed paper of the SOLICITORS acting for the lender ] [ insert date ] To: [ insert name and address of the solicitors acting for the Chargor ] Dear [ insert organisation name ], We write in relation to the [ debenture OR mortgage ] dated [ insert date of [ debenture OR mortgage ] ] entered into between [ insert name of chargor ] (the Chargor) and [ insert name of lender ] (the Lender) (the [ Debenture OR......

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PRECEDENTS

[ Insert name of client ][ Insert address of client ][ Insert date ] Our ref: [ Insert matter reference number ] Dear [ insert name of client ] Further to our agreement, we have engaged [ insert name of barrister ] of [ insert name of chambers ] to [ state what you have instructed the barrister to do ]. [ We anticipate receiving the barrister’s advice within [ insert time period ] OR We have arranged a conference with the barrister on [ state date, time and location and whether it is necessary for the client to attend ] ]......

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PRECEDENTS

A: Gut feel Comments or observations Economy is strengthening. An upmarket supermarket will open locally, signalling broader confidence returning across the district in this area. Gut feel income prediction Our conveyancing department should gain from rising local home construction activity. A credible target is a 7% uplift versus the previous year......

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PRECEDENTS

Step 1: Identify our clients Question: Who are our current clients (specific and general)? Response: Anyone seeking to purchase, sell or let a home. Question: Who could be our future clients? ( May be specific or a type of client, e.g. more corporate clients, more family law clients) Response: We aim to expand into commercial property. Question: Are there markets we have yet to tap? Response: Holiday lets and buy-to-let rentals are becoming increasingly common in our local area. Question: Is our client base likely to change? Response: The property market is starting to pick up, and we are seeing more second-home owners locally. Question: [ Insert other ] Response: [ Insert response ] Step 2: Gather client information/feedback Question: What do we already understand about our clients’ needs? Response: Clients expect their transaction handled swiftly and at a...

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PRECEDENTS

Firm name [ Add firm name ] Name of post holder [ Add name ] Reports to [ Senior partner or Board or Management committee ] Employment status (full-time/part-time/contractor) [ Add ] If a contractor, contract duration [ Add ] Main base [ Add the main base for this post—if the post holder must routinely spend time across multiple sites, e.g. in each regional office, ensure this is stated ] Working pattern (remote/hybrid/office) [ Add working model ] Start date in post [ Add date ] Length of probationary period [ Add ] Probation review end date [ Add date ] Role summary The Chief Executive serves as the most senior executive on the [ Board or Management committee ], accountable for robust governance, shaping strategy and vision for the firm, and carrying out the plan as...

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PRECEDENTS

A: General information Date of the annual review Person(s) carrying out the annual review [ Provide name and role ] B: Review and findings Is your health and safety documentation current and suitable for purpose? [ Yes OR No ] If not, make sure you record an action in section C below Is your schedule of Planned Preventative Measures ( PPMs) up to date, and have all due routine maintenance tasks been completed? [ Yes OR No ] If not, make sure you record an action in section C below Are there any action points within your risk assessments or priority action lists that are overdue? ......

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PRECEDENTS

Key information Information details Name of the firm [ Insert firm name ] Name of the role holder [ Insert name ] Reports into [ Head of Human Resources ( HR), HR manager, or Head of Professional Standards and Training ] Type of role [ Insert, eg full-time/part-time/contractor ] [ If a contractor role, include the length of the contract ] Main location [ Insert the primary workplace for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is important to ensure this is clearly set out ] Working pattern or setting: remote/hybrid/office-based?......

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PRECEDENTS

Data Source of data Figure £ Current assets — As per the balance sheet — [ insert figure ] Current liabilities — As per the balance sheet — [ insert figure ] Work in progress ( WIP) — Shown under Current assets on the balance sheet — [ insert figure ] Debtors — Listed within Current assets on the balance sheet — [ insert figure ] Creditors — Included within Current liabilities on the balance sheet — [ insert figure ] Turnover — Refer to the P& L statement — [ insert figure ] Operating costs (including fee earner/director salaries) — P& L statement — [ insert figure ] Costs of fee earner salaries — P& L statement — [ insert figure ] Gross profit — P& L statement — [ insert figure ] Net...

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PRECEDENTS

Performance appraisal and personal development plan— L& D team member Name [ Insert appraisee’s name ] Current manager [ Insert appraiser’s name ] Role/title [ Insert appraisee’s job title ] Current PDP year [ Insert year ] Department [ Insert appraisee’s department ] Date of appraisal [ Insert date ] Appraisal conducted in person? ☐ Yes ☐ No Aim of the meeting To explore your personal ambitions To share feedback on your performance level To map out your future with us, ensuring we support your career development To define and agree objectives that align with the firm’s strategic aims What the meeting will cover Part 1: Progress against personal objectives Part 2: Performance against core skills Part 3: Overall performance evaluation Part 4: Future aspirations Part 5: Future...

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PRECEDENTS

Name [ Insert appraisee’s name ] Current manager [ Insert appraiser’s name ] Position/title department [ Insert appraisee’s job title ] Current personal development plan ( PDP) year [ Insert year ] Department [ Insert appraisee’s department ] Date of appraisal [ Insert date ] Appraisal conducted in person? ☐ Yes ☐ No Aim of the meeting To gain insight into your personal ambitions To share feedback on your current performance level To map out your future with us, ensuring we support your career growth To agree objectives that align with the firm’s strategic goals What the meeting will cover Part 1: Progress against personal objectives Part 2: Delivery against core skills Part 3: Overall performance assessment Part 4: Future aspirations Part 5: Future personal objectives Part 6:...

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PRECEDENTS

Preparing a cash flow statement: Yes/ No Do not rely on accruals accounting for the cash flow forecast Omit depreciation and any other non-cash charges from the cash flow forecast Be sure to include partner drawings, distributions and income tax payments Be realistic about the gap between completing work and collecting cash (lock-up) Build in a contingency to cover unexpected costs Include the interest and capital repayments due on the finance being raised Reflect on earlier cash flow forecasts and how accurately you predicted cash flows Consider whether partners must provide their share of the finance required Ensure the arithmetic in the forecast is correct Submit the forecast with a clear explanation of why the finance is needed and how it will generate cash flows to repay the requested funding......

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PRECEDENTS

This framework defines the essential skills expected across all positions in the firm. Keeping a single, shared set of core skills supports openness and uniformity in how we set performance expectations for different roles across the firm. Your progress against the applicable core skills will be reviewed within our annual appraisal process. If you are unsure which core skills relate to your role, please discuss this with your line manager directly......

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PRECEDENTS

Monthly fee income generated in [ insert year ] Fees this month (£) Change vs previous month (%) Fees in same month last year (£) Change vs same month last year (%) Comments Jan [ Insert] [ Insert] [ Insert] [ Insert] [ Insert any comments, e.g. trends, observations, market conditions etc] Feb [ Insert] [ Insert] [ Insert] [ Insert] [ Insert any comments] Mar [ Insert] [ Insert] [ Insert] [ Insert] [ Insert any comments] Apr [ Insert] [ Insert] [ Insert] [ Insert] [ Insert any comments] May [ Insert] [ Insert] [ Insert] [ Insert] [ Insert any comments] Jun [ Insert] [ Insert] [ Insert] [ Insert] [ Insert any comments] Jul [ Insert] [ Insert] [ Insert] [ Insert] [ Insert any comments] Aug [ Insert] [ Insert] [...

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PRECEDENTS

1 Introduction 1.1 Precise time capture enables the firm to gauge the real cost of the services we deliver and to supply clients with comprehensive billing details. 1.2 Logging your time swiftly and correctly supports you in meeting your personal performance targets. 1.3 FAQs accompany this policy and can be accessed [ state where, eg on our intranet ]. For any queries about time recording, please reach out to [ state who will deal with queries ]. 2 How is time recorded? 2.1 Time should be entered in [ 6-minute units ]. 2.2 [ State exactly how time is recorded in your firm, which will vary from firm to firm depending on whether you use a case-management system, free-standing time recording system or manual time sheets ]. 3 When should time be recorded?......

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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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