Legal Precedents

It serves little purpose to gather information on a firm’s financial results if that information is not applied to enhance performance. Insight without action delivers no lasting gains. Fee income, fee‑earning capacity, and fees per fee earner are pivotal measures of a practice’s current financial health. This Precedent offers a worked example that explains how to evaluate these metrics and run a modelling exercise to gauge the potential financial effect if any existing variable figures shift. To complete the analysis and modelling, follow a three‑step approach: step 1—compute key variables step 2—calculate and review the firm’s current fee income, fee‑earning capacity and fees per fee earner step 3—conduct a modelling exercise to understand the potential financial impact of altering any of the variables This Precedent shows you how to carry out steps 2 and 3 in practice. A blank version of the...

[ To be printed on the headed paper of the agent ] [ insert date ] To: [ insert full name and address of borrower ] Dear [ insert full name of borrower ] 1 We make reference to the facilities agreement dated [ insert date of facilities agreement ], among [ insert full name of the borrower ] in its capacity as the Borrower, [ the subsidiaries of the Borrower listed in [ insert Schedule containing details of borrowers ] as Original Borrowers ], [ the subsidiaries of the Borrower listed in [ insert Schedule containing guarantors' details ] as Original Guarantors ], the financial institutions set out in [ insert Schedule containing lenders details ] as Original Lenders, [ insert full name of arranger [ s ] ] acting as the Arranger, [ insert full name of facility agent ] acting as the Agent, [ insert...

To be printed on the headed paper of the arranger [ s ] [ insert date ] To: [ insert full name and address of borrower ] Dear [ insert full name of borrower ] 1 We refer to the facilities agreement dated [ insert date of facilities agreement ] among [ insert full name of the borrower ] as the Borrower, [ the subsidiaries of the Borrower listed in [ insert Schedule containing borrowers' details ] as Original Borrowers ], [ the subsidiaries of the Borrower listed in [ insert Schedule containing guarantors' details ] as Original Guarantors ], the financial institutions set out in [ insert Schedule containing lenders’ details ] as Original Lenders, [ insert full name of arranger [ s ] ] as the Arranger, and [ insert full name of facility agent ] as the Agent, ......

[ To be set out on the lender’s headed paper ] [ insert date ] To: [ insert the borrower’s name and address ] Dear [ insert borrower’s name ], We are pleased to inform you (the Company) that we are willing to make available to you [ against the guarantee of [ insert name of guarantor ] (the Guarantor) (the Guarantee) ] an overdraft facility on the following terms and conditions: 1 Facility by way of sterling overdraft The facility will be provided as a sterling overdraft on your current account with us, up to a limit of £[ • ] ([ • ] sterling). 2 Interest Interest on the amount from time to time overdrawn under this facility will be computed on a 365-day year for the actual days elapsed, at a yearly rate equal to our base rate from time to time plus [ • ]% ([ • ] per...

This Deed is dated [ insert day and month ] 20[ insert year ] Parties [ Insert name of Chargor ], a company registered in England and Wales under number [ insert company number ], with its registered office at [ insert address ] (the Chargor); and [ Insert name of Lender ], of [ insert address ] (the Lender). Recitals: The Lender has agreed to provide a loan facility to the Company (as defined below) on the terms and conditions specified in the Facility Agreement (as defined below). The availability of that facility to the Company is conditional upon the Chargor entering into this Deed to grant security in favour of the Lender for the Secured Obligations (as defined below). ......

[ insert name of company ] Trust deed [ insert name of company ] Share Incentive Plan This Deed is dated and entered into BETWEEN [ INSERT NAME OF COMPANY ], a company registered in England and Wales under number [ insert company number ] (the Company), whose registered office is at [ insert address of company ]; [ INSERT NAME OF TRUSTEE ], a company registered in England and Wales under number [ insert company number ] whose registered office is [ insert address of trustee ] (the Trustee). Whereas: The Company intends to establish a share incentive plan titled the [ insert name of company ] Share Incentive Plan (the Plan), which meets the requirements of Schedule 2 to the Income Tax ( Earnings and Pensions) Act 2003. The creation of the Plan was authorised by a...

This Deed is entered into on [ insert date of Deed ] Parties [ Insert name of Company ], incorporated in [ insert where the Company is registered ], bearing company number [ insert company registration number ], with its registered office at [ insert address of registered office of the Company ] ( Company ); and [ Insert name of Trustee ], incorporated in [ insert where the Trustee is registered if a company ] (acting as trustee of the [ insert name of EBT ] ( EBT )), whose registered office is at [ insert address of registered office of Trustee ] ( Trustee )......

This Agreement is entered into on [ insert date of execution of the share option agreement ] Parties [ insert name of Company whose shares are being granted under option ] (registered number [ insert registered number of company ]), with its registered office at [ insert address of registered office of company ] ( Company) [ insert name of Option Holder ], of [ insert address of option holder ] ( Option Holder) [ [ insert name of Grantor (if different from Company) (registered number [ insert registered number of company ]) with its registered office at [ insert address of registered office of company ] ] ( Grantor) ] BACKGROUND ( A) [ The Company has agreed to provide the Option Holder with an Option to acquire Shares on the terms contained in this Agreement and subject to the rules of the [...

This DEED is entered into on [ insert date on which this deed is executed by all parties ] Parties [ Insert name of Company ] whose registered office is at [ insert address of registered office ] and whose registered number is [ insert registered number of Company ] (the Company); and [ Insert name of Trustee ] whose registered address is at [ insert address ] [ and whose registered company number is [ insert registered company number of Trustee ] ] (the Original Trustee). Background The Company intends to establish a trust to be known as the [ insert name of EBT ] with the objective of encouraging, motivating and retaining Employees within the Group Companies by providing benefits to such Employees and their dependants. The Company has transferred to the Original Trustee the sum of £[ insert...

Invitation to buy partnership [ and receive matching ] shares under the [ insert name of company ] Share Incentive Plan We’re delighted to confirm you qualify to join the [ insert name of company ] share incentive plan now. Through this plan, you can acquire [ insert name of company ] shares by way of regular monthly deductions taken from your pre-tax salary, making participation straightforward and convenient. [ As added benefit, you will also receive [ insert number of matching shares ] extra share [ s ] for every [ insert number of partnership shares ] share [ s ] you purchase (these are called matching shares) ] . To participate, simply follow the steps set out below when you are ready. [ There is no deadline for applications – you can choose to take part at any time. OR The deadline for...

Award of free shares under the [ insert name of company ] Share Incentive Plan ( SIP) We are delighted to confirm that you qualify to receive an allocation of free shares through the [ insert name of company ] Share Incentive Plan ( SIP). The [ value OR number ] of free shares due to you is [ insert number or value of free shares ] [ subject to a maximum value of free shares of £3,600. ]. Full particulars of your free share award will be shared with you after the award has been finalised, and you will receive the relevant information about your free shares in due course. [ Insert any details of any criteria used to determine the entitlement to free shares (remuneration, length or service or hours worked. ] [ Insert details of any applicable...

[ insert full name of Trustee ] serving as trustee for the [ insert full name of the employee benefit trust ] [ insert full address of trustees ] [ insert date of letter ] Dear Trustee(s) [ insert name of the employee benefit trust ] ( EBT ) We write to you in your role as trustee of the EBT ( Trustee )......

That: the [ insert name of company ] Share Incentive Plan ( SIP), together with the trust deed and rules summarised on pages [ insert page number ] to [ insert page number ] of this Notice of General Meeting, produced to the meeting and initialled by the Chair for identification, be and are hereby approved, and the directors are hereby authorised to adopt them (subject to any amendments they deem necessary or desirable to ensure the SIP complies with Schedule 2 to the Income Tax ( Earnings & Pensions) Act 2003); and the directors be and are hereby authorised to: carry out all actions and matters they consider necessary or desirable to implement and give effect to the SIP; and establish further plans derived from the SIP,...

[ insert name of company adopting the CSOP ] (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 ] was appointed to chair the meeting. It was confirmed that due notice had been issued in accordance with the Company’s articles of association ( Articles) and that the meeting was quorate. The Chair accordingly declared the meeting duly opened......

[ insert name of Company ] Company No [ insert registered number of Company ] (the Company) Record of a meeting (the Meeting) of the Company’s Directors convened at [ insert time of meeting ] on [ insert date of meeting ] Name Position Present: In attendance: Apologies for absence received from: 1 Notice and quorum 1.1 The Chair noted that due and proper notice of the Meeting had been served, that a quorum of directors was in attendance and the Meeting was accordingly therefore duly constituted......

[ insert full name of Trustee ], acting as trustee of the [ insert full name of the employee benefit trust ] [ insert full address of Trustee ] [ insert date of letter ] Dear trustee(s) [ insert name of the employee benefit trust ] ( the EBT ) We write to you in your role as trustee of the EBT ( Trustee )......

m.v. [ insert name of vessel ] (the Ship ) Dated: [ insert date ] To: [ insert name of charterer ] We, [ insert name of owners ], as Owners of the Ship, hereby notify you that, pursuant to a charter assignment dated [ insert date ] made between us and [ insert name of mortgagee ] (the Mortgagee ), the hire and all other sums and amounts due and payable to us from you under the charter agreement dated [ insert date ] for the Ship, as amended from time to time (the Charter ), have been duly assigned to the Mortgagee......

Authorisations Summary of the precedent condition (referencing paragraph in Schedule [ insert corresponding citation, eg 1 ] to the Facility Agreement) Accountability Progress Completed?......

[ date ] Dispatched by [ recorded delivery ] [ email ] to [ insert Respondent’s email address ][ Respondent’s name ][ Respondent’s address ] Re: [ Disputed Domain Name ]—unauthorised use of [ Marks ] Dear [ insert organisation name ] We act on behalf of [ insert Client name and a brief description of its business ]. We are contacting you via the [ email address OR registered office address ] [ shown on the website (the Website) hosted by the domain [ insert details ] OR provided via Nominet in relation to a data release request ]. Our client is the owner of a number of registered [ and unregistered ] trade marks, including: [ insert trade mark details including proprietor name, filing date, registration number, territory, classes covered, and mark details ] Enclosed with this letter, as Annex 1, are copies of our...

To: [ name of offeree ] (the Company) and its other directors; [ name of financial adviser ] (the Bank) Proposed takeover offer for the Company 1 I, the undersigned, being a director of the Company, acknowledge that, in relation to the offer [ to be ] made by the [ insert name of offeror ] (the Offeror) for [ all ] the issued [ and to be issued ] [ ordinary ] [ and preference ] share capital of the Company [ (such offer to be implemented by means of a scheme of arrangement ( Scheme ) of the Company) ] (the [ Offer OR Acquisition ] ), [ the Offeror will or may issue or publish, or arrange for the issue or publication of (amongst other things): a document...