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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 is archived and no longer actively maintained. It is intended for use in relation to arbitrations conducted under the Arbitration Rules of the Singapore International Arbitration Centre 2013 (5th edition) (2013 SIAC Rules). These 2013 SIAC Rules govern any arbitration begun on or after 1 April 2013, unless the parties have agreed a different position......

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PRECEDENTS

Note: these due diligence questions are prepared for the buyer and are broadly framed. Not every question will be pertinent to each pension scheme. In practice, they should be tailored as required to reflect the circumstances of the specific transaction (and relevant pension schemes). Note: the meanings of ‘ Business’ and ‘ Seller’ in this questionnaire are intended to mirror the definitions in the sale and purchase agreement for the business the buyer is acquiring. In an asset sale, the buyer will not usually take on the seller’s pension scheme. 1 Pensions 1.1 Please list: (a) all pension schemes to which the Seller is currently paying contributions (or would be but for a contributions holiday) or in which the Seller participates; (b) all life assurance schemes and/or other comparable protection schemes; (c) any former pension schemes of the Seller that applied before the...

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PRECEDENTS

Note The term ‘ Company’ signifies the target company the purchaser is set to acquire, along with all other group companies (subsidiaries) that are to be acquired......

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PRECEDENTS

Private & confidential [ Insert name and address of client ] [ insert date ] Dear [ insert name of contact at the client ] Thank you for instructing us in this matter. [ This letter encloses our retainer OR Our retainer will be sent under separate cover ]. [ I write to confirm our conversation [ on [ date ] ] regarding disclosure. ] Your [ [ claim OR case ] ] [ [ has been OR is expected to be ] ] placed on the small claims track. Upon allocation, the court [ has issued OR will issue ] standard case management directions setting out the procedural steps required to bring this matter to a final hearing. One such direction is that you must provide copies of all documents on which you intend to rely at the final hearing. This step is known as...

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PRECEDENTS

Between : [ Insert name of CLAIMANT ] Claimant - and - [ Insert name of RESPONDENT ] Respondent Claimant’s proposed agenda and submissions for preliminary meeting to be held on [ insert date ] 1 Before this preliminary hearing, the parties have endeavoured, through correspondence, to reach agreement on diverse procedural issues. [ Refer to any key correspondence copied to the tribunal on these matters......

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PRECEDENTS

This note offers general guidance on the property rights of cohabitants and claims arising under the Trusts of Land and Appointment of Trustees Act 1996. Your family solicitor can provide advice tailored to your circumstances. Who can apply? Cohabitants do not share the same rights to pursue property claims as married couples or civil partners. Instead, disagreements between cohabitants about their interests in a property are decided in line with trust law. The 'common law' wife or husband has no standing in law, and cohabitants' claims are much more limited than those of spouses or civil partners. In some situations it may be possible to bring a claim for a child (see: Financial arrangements for children—client guide). There are two main ways in which a cohabitant may hold an interest in a property: as a joint owner; or where the property is in the sole name of the other...

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PRECEDENTS

[ To be typed on headed notepaper of employer ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) As you are aware, we have been consulting with employee representatives regarding the redundancy position, considering whether redundancies might be avoided, the number of roles at risk reduced, or their effects softened, together with the composition of the selection pool and the basis for selection. Following consideration, the selection benchmarks have been finalised as: [ specify criteria eg attendance record, disciplinary record, skills or experience, standard of work performance, aptitude for work, efficiency, qualifications or training, greater experience in certain particular tasks or on certain machines, length of service ]. [ There have not been [ any OR sufficient ] applications for voluntary redundancy. ] We have [ therefore ] completed a selection assessment, applying the agreed criteria to you and the other...

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PRECEDENTS

[ To appear on the employer’s letterheaded paper ] [ Date ] Dear [ enter employee’s name ], Re: [ insert name of employer ] (the Company) As you are aware, [ set out the commercial grounds for redundancy eg the Company has suffered weak sales for a considerable period. Our expectation that the market for our products would improve has, to date, not materialised ]......

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PRECEDENTS

[ To be produced on the employer’s letterheaded paper ] [ Date ] Dear [ insert employee’s name ], Re: [ insert employer’s name ] (the Company) As you are aware, [ outline the business rationale for redundancy, e.g. the Company has experienced weak sales for an extended period now......

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PRECEDENTS

[ To be printed on the employer’s headed paper ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) Following our consultation with [ trade union OR employee ] representatives about the redundancy situation, and the [ two ] consultation meetings that have taken place, I regret to confirm your selection for redundancy. As explained, the basis for your redundancy is [ specify business reasons ]. During the [ second ] consultation meeting we reviewed [ set out what was discussed and the Company’s response to any comments and/or suggestions made ]. We have considered every reasonable way to avoid or lessen redundancies and examined all alternative posts, but regrettably none are suitable and/or available. It has therefore been decided that your employment will end by reason of redundancy on [ insert date ], and this letter sets out the...

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PRECEDENTS

[ To be typed on the employer’s headed notepaper ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) As you are aware, it has become necessary to [ cease the Company’s operations OR implement a number of redundancies ] within [ insert name of eg department ]. We have undertaken consultation [ with [ trade union OR employee ] representatives regarding the redundancy situation and ] with you, following your selection under the criteria detailed in our letter dated [ insert date ]......

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PRECEDENTS

[ To be printed on the employer’s headed paper ] [ Date ] [ Enter name and address of the trade union or representative ] Re: [ insert name of employer ] (the Company) Dear [ insert name of organisation or employee representative ] [ Further to your election as employee representative in the ballot on [ date ], we OR We ] are writing, pursuant to section 188 of the Trade Union and Labour Relations ( Consolidation) Act 1992, to [ notify you OR confirm ] that we intend to make a number of employees redundant at [ specify location ]. The rationale for these proposed redundancies is [ specify the business reasons for redundancy, e.g. the Company has been experiencing poor sales for some time ]......

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PRECEDENTS

[ [ To be printed on the employer’s headed notepaper ] ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) [ Further to the open meeting with all [ insert description ] employees on [ insert date ], we confirm OR Regretfully, we must inform you ] that we are contemplating [ closing the Company’s operations OR making a number of redundancies ] in [ insert name of eg department ]. We will share further background information shortly, but in broad terms, redundancies are being considered because [ specify business reasons for redundancy eg the Company has been experiencing poor sales for an extended period. Our expectation that the market for our products would improve has, so far, not been realised ]......

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PRECEDENTS

Date [ date ] Parties [ name of first joint tenant ] of [ address ] [ name of second joint tenant ] of [ address ] (collectively referred to as Joint Tenants) background ( A) Pursuant to [ [ a conveyance OR transfer ] OR an assent ] dated [ date ], entered into between (1) [ [ names of seller(s)/transferor(s) ] OR [ name(s) of personal representative(s) ] ]......

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PRECEDENTS

Date [ date ] Parties [ full name of owner of dominant land or the profit ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Releasor) [ full name of owner of servient land ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Grantor) [ full name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Mortgagee) Definitions For this Deed, the expressions below shall be construed as set out here: Grantor’s Land – the property described as [ description ] [ comprised in title number [ number ] OR comprised in a...

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PRECEDENTS

Date [ date ] Parties [ name of Licensor ] ( Licensor ) [ of OR a company incorporated in England and Wales (company registration number [ number ]) with its registered office at ]; [ name of Licensee ] ( Licensee ) [ of OR a company incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ]. ......

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PRECEDENTS

[ To be typed on headed notepaper of employer ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) As you are aware, it has become necessary to [ close the Company's operations OR make a number of redundancies ] within [ insert name of eg department ]. We have consulted with you following your selection under the criteria outlined in our letter dated [ insert date ]. At our consultation meeting on [ insert date ], we reviewed how you were measured against those criteria......

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PRECEDENTS

[ To be typed on headed notepaper of employer ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) At the staff meeting on [ insert date ], we advised you that we were facing a redundancy situation arising from [ set out reasons as in Letter— Redundancy (1) informing employees in selection pool of risk of redundancy (individual consultation) ], and that you were placed within the selection pool......

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PRECEDENTS

[ To be typed on headed notepaper of employer ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) At the staff meeting on [ insert date ], we explained that a redundancy situation had arisen because [ set out reasons as in Letter— Redundancy (1) informing employees in selection pool of risk of redundancy (individual consultation) ], and confirmed that you are included within the selection pool. We outlined the selection criteria the Company proposes to use, namely: attendance record disciplinary record skills or experience standard of work performance aptitude for work efficiency qualifications or training greater experience in certain particular tasks or on certain machines length of service (as one of a number of criteria or tie break) We also [ set out steps we have taken to avoid...

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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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