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

ARCHIVED: This Precedent has been archived and is not maintained. STOP PRESS: As at 24 February 2025, the core elements of the Procurement Act 2023 ( PA 2023) have commenced and are now in force. Procurements launched on or after that day onwards must proceed under PA 2023, while those initiated pursuant to the earlier regimes—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must remain conducted and administered under those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023......

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PRECEDENTS

Our reference: [ insert Authority's reference ] Your reference: [ insert enquirer’s reference ] [ Insert enquirer’s details and address ] [ Date ] Dear Dear [ insert organisation name ] [ Contract OR Framework ] for [ insert details ] (referred to as ‘the [ Contract OR Framework ] ’) OJEU Notice [ insert details ] Pre- Qualification Questionnaire Further to your request, please find the Pre- Qualification Questionnaire ( PQQ) enclosed, to determine which organisations are invited [ to tender OR to negotiate OR to participate in dialogue ] for the [ Contract OR Framework ]......

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PRECEDENTS

ARCHIVED: This Precedent has been archived and is no longer maintained. STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in force. Any procurements launched on or after that date must proceed under PA 2023, while those started under the earlier legislation (the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be run and administered under that legislation. See Practice Note: Introduction to the Procurement Act 2023— PA 2023......

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PRECEDENTS

In 2007, the City of London Law Society ( CLLS) issued a model letter of intent. A copy can be found on the CLLS website. Also note that in 2024 the CLLS released an updated Letter of Intent, incorporating certain corrections to clauses that must be amended, as indicated below for ease of reference only herein......

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PRECEDENTS

Warning to the GUARANTOR Before signing this guarantee, you, as the guarantor, ought to obtain independent legal advice on the scope of the commitments you would assume, which will become legally binding upon signature. You may consult an independent solicitor. That solicitor should confirm in writing that they have set out for you both the nature and the extent of the obligations you are being asked to accept, as well as the consequences of the documents you are being asked to execute. If you choose not to obtain independent legal advice prior to signing the guarantee, please complete the declaration [ provided to you OR attached ] confirming that you had the opportunity to take such advice, were urged to do so, but elected not to take independent legal advice. The sum you are being asked to guarantee is not a fixed figure. This...

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PRECEDENTS

Warning to the GUARANTOR: Before signing this guarantee, you should obtain independent legal advice about the scope of the commitments you will undertake and which will be legally binding on you once you sign. You may seek guidance from an independent solicitor. Your solicitor should confirm in writing that they have explained to you the nature and extent of the obligations you are being asked to assume, and the consequences of the documents you are to sign. If you decide not to obtain independent legal advice before signing the guarantee, please complete the declaration [ provided to you OR attached ] confirming that you had the opportunity to obtain independent legal advice, were advised to do so, but chose not to take independent legal advice. This step helps protect you and ensures you fully understand your...

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PRECEDENTS

Date [ date ] Parties [ name of Seller ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is located at ] [ address ] ( Seller) [ name of Buyer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is located at ] [ address ] ( Buyer) 1 Definitions For this Deed, the following meanings apply: [ Assignment • a deed dated [ date ] entered into between (1) [ name of original/previous landlord ] and (2) the Seller; ] Deposit • £[ amount ] [ being the sum originally lodged by the Tenant under the Rent Deposit Deed ] ; Deposit Balance • £[ amount ] [ , being the sum (including interest) presently held by the Seller under the Rent Deposit Deed ] ; Lease • a lease of the...

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PRECEDENTS

Section 14 of the Arbitration Act 1996 ( AA 1996) Under section 14 AA 1996, the parties may themselves decide the point at which an arbitration begins; failing any such agreement, the statute prescribes when the arbitration is treated as having started under the statutory framework in place. Where a party is approaching expiry of the limitation period for starting arbitration, precision over the moment of commencement is critical. In addition, certainty on this question matters because a range of other key dates, including the schedule for appointing the tribunal, flow from the date on which proceedings are taken to have commenced. For further guidance on limitation periods, see Practice Notes: Commencement date of an arbitration under the AA 1996 and arbitration rules, Limitation periods in arbitration ( England & Wales) and Foreign Limitation Periods Act 1984......

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PRECEDENTS

For the sample case study arbitration claim form, see the link to the right. The arbitration claim form must set out: sufficient and clear detail of the dispute for the court to comprehend the application, including the contract giving rise to the arbitration agreement and any arrangement for appointment of the tribunal the specific orders the court is being asked to make......

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PRECEDENTS

This Deed is entered into on [ date ] Parties [ insert name of third party security provider ], a company incorporated in England and Wales with registered number [ insert company number ], whose registered office is at [ insert address ] (the Obligor); and [ insert name of Lender ] of [ insert address ] (the Lender). Background The Lender has made available a loan facility to the Borrower (as defined below) on the terms and conditions set out in the Facility Agreement (as defined below). The Lender and the Borrower now intend to amend the Facility Agreement on the terms and conditions contained in the Amendment Agreement (as defined below). It is a condition precedent to the Amendment Agreement that the Obligor enter into this Deed......

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PRECEDENTS

Reference Date: To: Payment due date: [ Sub- ] Contractor’s Application Reference No: This Notice is issued pursuant to Section 110 of the Housing Grants, Construction and Regeneration Act 1996 and clause(s) [ insert relevant clause in the contract concerning payment notices ] of the contract dated [ insert date of contract ] Below, we confirm the sum paid, or intended to be paid, together with the rationale used to determine that figure in relation to the payment application identified above: Payment amount £ Basis for calculation Detail how the figure has been derived / refer to separate sheets £ Signed: [...

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PRECEDENTS

Project Name: Reference/ Works Bundle: Date: To: Payment Notice Date: [ Sub- ] Contractor’s Application Reference Number: [ number ] Dated: [ date ] ARCHIVED: This precedent has been archived and is no longer maintained......

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PRECEDENTS

This Agreement is entered into on [ insert date ] (the Commencement Date) by the following (each a party and together the parties): Parties [ insert licensor name ] a company incorporated in [ England and Wales ] whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (the Licensor); [ insert licensee name ] a company incorporated in [ England and Wales ] whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (the Licensee). Background The Licensor is [ the exclusive proprietor of OR entitled to grant rights in the ] Intellectual Property Rights in the Plans [ (both as defined below) ]. The Licensor wishes to grant a licence of the Intellectual Property Rights in the Plans to the Licensee, and the Licensee wishes to obtain and use them on...

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PRECEDENTS

Law firms may fall within the consumer credit regime by entering a consumer credit agreement as the lender, eg in relation to their charges, or by carrying out ancillary consumer credit activity such as debt adjustment work. This practical decision tree assists you in establishing whether you are undertaking ancillary consumer credit activity and, if so, whether a licence is required. Click below to view or print the full-size PDF version: See also Practice Note: Law firms and ancillary consumer credit business For guidance on the implications of the consumer credit regime for your firm’s fee arrangements, see Practice Note: Consumer credit and client fee arrangements. For an overview of how the consumer credit regime applies to law firms, please see Practice Note: Consumer credit and law firms......

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PRECEDENTS

Facility agreement This agreement is executed on [ date ] Parties 1 [ insert name of Borrower ], a company incorporated in England and Wales with registered number [ insert company number ] whose registered office is at [ insert address ] (the Borrower); and 2 [ insert name of Lender ], of [ insert address ] (the Lender). ......

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PRECEDENTS

LR1. Date of the lease [ set out the date in full, DD- Month- Year format ] LR2. Title Number[s] LR2.1 Landlord's title number [ s ] [ the title number(s) from which this lease is derived; if unregistered, leave blank ] LR2.2 Other title numbers [ the existing title number(s) against which entries for matters mentioned in LR9, LR10, LR11 and LR13 are to be recorded ] LR3. Parties to this lease Landlord [ landlord’s name and address ] Tenant [ tenant’s name and address ] Other parties LR4. Property If there is any inconsistency between this clause and the rest of the lease, then, for registration purposes only, this clause shall take precedence. [ particulars of the Property ] LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban...

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PRECEDENTS

Law firms can fall within the consumer credit regime by entering a consumer credit agreement as a lender—for example, in relation to their own fees—or by undertaking ancillary consumer credit activities such as debt adjusting. This decision tree helps you determine whether particular fee arrangements with clients of a law firm amount to a consumer credit agreement. See also Practice Note: Consumer credit and client fee arrangements. For guidance on how the consumer credit regime affects law firms when carrying on ancillary consumer credit activities, see Practice Note: Law firms and ancillary consumer credit business. For a summary of the consumer credit regime as it applies to law firms, see Practice Note: Consumer credit and law firms. Select the link below to open or print the full-size PDF version......

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PRECEDENTS

Re: [ Your matter ] We hereby wish to notify you that [ subject to your agreement ] [ state name of new fee earner ] will assume the conduct of your matter [ with immediate effect OR from [ state date ] ] . This is because [ state reason for the change ]......

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PRECEDENTS

The Secretariat of the International Court of Arbitration International Chamber of Commerce [ Address of an approved ICC office and by email to the relevant address for the office ] [ Date ] Dear [ ICC Secretariat ], [ Insert ICC Reference number ] Answer to Request for Arbitration : [ Party names ] [ Law firm case reference number ] We confirm we represent [ name of respondent party ], the Respondent in the above arbitration proceedings. The Respondent acknowledges receipt, on [ Insert ], of your letter dated [ Insert date ], together with its enclosures, including the request for arbitration (the Request). In accordance with Article 5 of the 2021 ICC Rules of Arbitration (the ICC Rules), please find enclosed the Respondent’s answer to the request for arbitration and its counterclaim (the Answer). [ The Respondent requests, pursuant to art 5(3) of the ICC Rules, that the...

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PRECEDENTS

By email to casework@lcia.org London Court of International Arbitration 1 Paternoster Lane London EC4M 7BQ United Kingdom Dear [ Registrar of the LCIA Court ], [ LCIA Reference number ] We act on behalf of [ name of respondent party ]......

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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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