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 be issued on the landlord’s headed paper ] Your Ref: Our Ref: Date: From: [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (' Landlord', 'we', 'us') To: [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (' Tenant', 'you', 'your') [ CC: [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Guarantor) ] Dear Sirs Re: Request for monthly rent payments under your lease dated [ date ] of [ description ] ( Property) made between (1) [ name of...

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PRECEDENTS

1 Reserve Fund 1.1 Definitions In this clause, the following further definitions apply: Fund Account – an interest‑bearing [ trust ] account [ opened with [ name of bank ] ] held in the Landlord’s name; Reserve Fund – a fund that the Landlord may, though is not obliged to, set up and keep from time to time to receive and hold a Reserve Fund Contribution; Reserve Fund Contribution – the sum (if any) in each Service Charge Period that the Landlord [ (acting reasonably) ] determines to be a fair annual payment by the Tenant towards the advance funding of [ providing the Services OR regularly‑recurring major items of [ the Service Costs OR service charge expenditure ] ] [ (including, but not limited to, repair, decoration, maintenance and renewal) ], and including any VAT payable where the Landlord cannot obtain a...

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PRECEDENTS

In the High Court of Justice Business and Property Courts of England and Wales Commercial Court ( QBD) Claim No [ Claim number ] Between:1 JFK Ltd — Claimant/ Respondent- and -2 LHR Ltd — Defendant/ Claimant [ Draft] Order Upon hearing counsel for the Claimant and the Defendant [ It is ordered that By virtue of section 17(3) of the Arbitration Act 1996, the appointment of Mr Jones as the sole arbitrator is set aside. The Defendant shall be responsible for the costs of this application. OR It is declared that Under clause 15 of the licensing and marketing agreement between the parties dated 10 October 2012, Mr Jones has no authority to act as sole arbitrator of the dispute, and his appointment is forthwith set aside. It is ORDERED that The Defendant shall be responsible for the costs of this...

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PRECEDENTS

IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMMERCIAL COURT ( KBD) Claim No Claimant: JFK Ltd (ref: 1234) Defendant: LHR Ltd Select and complete sections A– D where relevant. In every instance, you must finalise sections E and F. Section A [ X ] I do not plan to oppose this claim Section B [ X ] I plan to dispute this claim Provide brief particulars of any alternative remedy you are seeking......

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PRECEDENTS

This Confidentiality Agreement is dated [ date ] Parties [ Name of entity ], a [ type of entity ] incorporated under the laws of [ jurisdiction ], having its registered address at [ address ] and company number [ company number ] ( Party 1); and [ Name of entity ], a [ type of entity ] incorporated under the laws of [ jurisdiction ], having its registered address at [ address ] and company number [ company number ] ( Party 2), each a Party and, collectively, the Parties. Whereas: On [ date ], Party 1 initiated arbitration proceedings against Party 2 (the Arbitration). On [ date ], the tribunal, comprising [ arbitrators ], was constituted (the Tribunal). [ Provide further background information available to give context to this agreement, including a brief description of the...

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PRECEDENTS

This settlement Agreement is made on [ date ] Parties [ Name of entity ], a [ type of entity ] with [ type of liability ] formed under the laws of [ jurisdiction ] with its registered address at [ address ] and with company number [ company number ] ( Party 1 ); and [ Name of entity ], a [ type of entity ] with [ type of liability ] formed under the laws of [ jurisdiction ] with its registered address at [ address ] and with company number [ company number ] ( Party 2 ), each a ‘ Party ’ and together the ‘ Parties ’. Recitals: A dispute has arisen between the Parties [ add relevant detail to give context to the dispute ] (the Dispute ). On [ date ], Party 1...

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PRECEDENTS

1 The Claimant holds the [ freehold OR leasehold ] interest in the property described as [ insert description of premises ] (the ‘ Premises’) and is entitled to possession of it. The Defendant is the tenant in occupation of the Premises. 2 Under a lease dated [ insert date ] made between [ insert landlord name ] and [ insert tenant name ] [ and [ insert guarantor name ] ] (the ‘ Lease’), the Premises were demised for a term of [ insert term eg 5 years ] commencing on [ insert term commencement date ] at an [ initial ] yearly rent of £[ insert amount of annual rent ]. The Claimant will rely on the Lease at trial for its full terms and effect. 3 By clause [ insert clause reference ] of the Lease, the Defendant covenanted to [ insert...

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PRECEDENTS

Particulars of Claim The Claimant holds the [ freehold OR leasehold ] title to the property described as [ insert description of premises ] (‘the Premises’) and is entitled to possession of the Premises. The Defendant is the tenant of the Premises. Under a lease dated [ insert lease date ] between [ insert landlord name ] and [ insert tenant name ] [ and [ insert guarantor name ] ] (‘the Lease’), the Premises were let for a term of [ insert term eg 5 years ] commencing on [ insert term commencement date ] at [ an initial ] rent of £[ insert amount of annual rent ] per annum. The Claimant will refer to the Lease at trial for its full terms and effect. ......

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PRECEDENTS

Note: This clause relies on the defined terms already set out in the Lexis+® UK Precedent Property development agreement: ‘ Developer’, ‘ Owner’, ‘ Property’, ‘ Working Day’ and ‘ Works’. Further definitions are provided below. 1 Funder’s step-in rights 1.1 For the purposes of clause 1, ‘ Funder’ denotes any lending institution to whom the Owner grants a charge over its interest in this Agreement or the Property as security for finance that allows the Owner to meet the cost of: acquiring, clearing and preparing the Property; [and] carrying out the Works[.]......

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PRECEDENTS

Term sheet for a bilateral facility for a borrower incorporated as a limited liability company in England and Wales with or without security/a guarantee In relation to a proposed £[ • ] term loan facility to be made available to [ insert name of borrower ] by [ insert name of lender ] (the Parties). Date [ • ] 20[ • ] This term sheet is for indicative purposes only and serves as a guide to the provisions expected to appear in the final documentation. It does not constitute an offer to provide the facility. Availability of the facility remains subject to satisfactory due diligence, approval by the credit committee, and acceptable final documentation. The terms set out in this letter are not comprehensive and, [ save for [] ], are subject to contract and are not intended to create legally binding...

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PRECEDENTS

This overview offers general information about public law applications concerning children. Your family solicitor can give tailored guidance for your situation. When a local authority is worried about a child’s wellbeing and steps in within a family, the court can make a range of orders. This guide sets out a concise outline of those orders. It offers general guidance; your family lawyer can give specific advice for your circumstances as to your needs. About care proceedings ‘ Care proceedings’ describes the legal route by which a local authority asks the court to permit it to take a young person into its care. Children are only ‘looked after’ by a local authority if the court is satisfied that a child is suffering, or likely to suffer, significant harm due to the care given by parents or carers, or is beyond a parent or carer’s...

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PRECEDENTS

[ To be printed on the Lender’s headed paper issuing the demand ] To: [ Insert name of individual and/or role ] [ Insert name of the Guarantor or other relevant entity ] [ Insert address ] [ Insert facsimile/fax number ] [ Insert email address ] [ Copy: [ specify recipient ] ] BY [ HAND OR FIRST CLASS POST OR FACSIMILE OR EMAIL ] [ Insert date of letter ] Demand letter Guarantee and indemnity deed dated [ insert date ] given by [ insert name of guarantor ] (the Guarantor) in favour of [ insert name of lender ] (the Lender) concerning the obligations of [ insert name of company ] (the Company) (the Guarantee) [ Debenture dated [ insert date ] executed by the Guarantor in favour of the Lender (the Debenture) ] Unless stated to the contrary, all terms and expressions defined in the Guarantee shall carry the same...

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PRECEDENTS

[ To be produced on the headed paper of the lender issuing the demand ] To: [ Insert name of individual and/or position ] [ insert name of the Borrower or other relevant entity ] [ insert address ] [ insert facsimile/fax number ] [ insert email address ] [ copy [ specify to whom ] ] Sent by [ Hand OR First class post OR Facsimile OR Email ] [ Insert date of letter ] Letter of demand Facility Agreement dated [ insert date ] between [ insert name of lender ] (the Lender) and [ name of borrower ] (the Borrower) (the Facility Agreement). [ Debenture ] dated [ insert date ] executed by the Borrower in favour of the Lender (the Debenture). Unless stated otherwise, terms and expressions defined in the Facility Agreement bear the same meanings in this letter of...

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PRECEDENTS

FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework : In 2027, stamp duty and SDRT will be superseded by a single, self-assessed securities tax—the securities transfer charge ( STC)—to be paid and reported through a new online portal. Broadly, the STC is expected to reflect the proposals consulted on in 2023. Finance Bill 2026 ( FB 2026) provides a power, effective from Royal Assent, to make secondary legislation enabling taxpayers to trial the digital service, self-assess their stamp taxes on securities liabilities, and submit transaction details electronically. For more on the modernisation of stamp taxes on securities, see News Analyses: Budget 2025— Tax analysis— Stamp and transfer taxes, Tax update spring 2025— Stamp taxes on shares modernisation, Tax update spring 2025— Tax analysis— Stamp and transfer taxes, TAMD 2023— Stamp taxes on shares...

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PRECEDENTS

Use this Precedent as a central log, covering every compliance area relevant to your firm, to record when you most recently carried out routine monitoring or an annual review. Please note, the Precedent is provided as an Excel spreadsheet and, as such, it cannot be downloaded into Word. It is in Excel format only......

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PRECEDENTS

Good behaviour or practice Do not pay partners regardless of available cash; retain a portion of annual net profit to build reserves. Avoid short‑term borrowing for partners’ tax and never treat VAT receipts as free cash. Ensure partners routinely see office account balances, e.g., regular copy statements, and keep reliance on overdrafts modest. Partner capital should not be wholly debt‑funded, and steer clear of unaffordable commitments such as lengthy leases or extra staff. Respond swiftly to regulatory information requests, including the SRA’s annual information report. Maintain a balanced senior leadership able to challenge decisions, face financial realities, and collectively understand risk, oversight and controls. Keep all partners/senior managers informed of the firm’s true financial position and share key metrics frequently. Stress test profits (e.g., model a 10% income drop) and tie drawings to KPIs with firm financial targets; keep drawings and remuneration proportionate to profit and...

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PRECEDENTS

1 By virtue of a lease dated [ insert date ] made between [ insert landlord name ] and [ insert tenant name ] [ and [ insert guarantor name ] ] (‘the Lease’), the Defendant granted to the Claimant the premises described as [ insert description of premises ] (‘the Premises’) for a period of [ enter length of term eg 5 years ] commencing on [ insert term commencement date ] at [ an initial ] yearly rent of £[ insert annual rent ] per annum. The Claimant will rely on the Lease at trial for its complete terms and effect......

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PRECEDENTS

The Directors [ insert company name ] [ insert company address ] [ insert date ] Dear Directors, [ insert company name ] Limited (the Company ) [ I, OR We, ] [ insert name and address of individual applicant[s] ], [ apply for OR write on behalf of [ insert name and address of corporate applicant[s] ] (the Applicant [ s ] ) to apply for ] the issue......

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PRECEDENTS

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) ] 1 Definitions In this Deed, the expressions below shall bear these meanings: [ Annual Rent • the annual sum reserved under the Lease; ] [...

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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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