Legal Precedents

Claim No. [ insert claim number ] In the COUNTY COURT AT [ insert ] Between: Mrs a.b. Claimant -and- C.d. Limited Defendant PARTICULARS OF CLAIM At all times relevant to these proceedings: The Defendant owned a bus, registration number [ insert registration number ] (“the bus”); The bus was driven and/or operated by a servant or agent of the Defendant (whose identity is unknown to the Claimant) whilst acting within the scope of their employment or agency (“the driver”). Accordingly, the Defendant is vicariously liable for any negligent acts or omissions and/or breaches of statutory duty committed by that employee or agent; The bus and the driver were governed by the Public Service Vehicles ( Conduct of Drivers, Inspectors, Conductors and...

Claim No. [ insert claim number ] In the County Court at [ insert ] Between: AA, Claimant ((a child) by BB as litigation friend) -and- XY, Defendant 1 At all times material to this action: 1.1 The Claimant is, and at the relevant times was, a minor, born on [ insert date of birth ]; they were [ insert age ] when the accident occurred and are now [ insert age ]. These proceedings are brought on their behalf by their Litigation Friend, BB. 1.2 The Defendant was operating a [ insert make ] motor vehicle, registration [ insert registration number ] (the ‘ Defendant’s vehicle’). 2 At approximately [ insert time ] on [ insert date ], the Claimant was crossing the northbound carriageway at [ insert road name and area name ]. Moving from east to west at a...

This Agreement is entered into and dated [ insert date ] Parties [ insert name of Borrower ], a company duly incorporated in England and Wales with company number [ insert company number ], with its registered office at [ insert address ] (the Borrower); [ and ] [ [ insert name of Guarantor ], a company duly incorporated in England and Wales with company number [ insert company number ], with its registered office at [ insert address ] (the Guarantor ); and [ insert name of Security Provider ], a company duly incorporated in England and Wales with company number [ insert company number ], with its registered office at [ insert address ] (the Security Provider ); and ] [ insert name of Lender ] of [ insert address ] (the...

This Agreement is entered into on [ date ] Parties [ 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 ] [ [ insert name of Guarantor ], a company incorporated in England and Wales with registered number [ insert company number ] whose registered office is at [ insert address ] (the Guarantor ); and ] [ insert name of Lender ] of [ insert address ] (the Lender ). Background The Lender made available to the Borrower a loan facility on the terms and conditions specified in the Facility Agreement (as defined below). The Lender and the Borrower now propose to amend the Facility Agreement in line with the terms and...

[ To be produced on the lender’s letterheaded paper ] [ please enter date ] To: [ enter the borrower’s name and address ] [ and ] [ kindly enter the guarantor’s name and address, where relevant ] Dear [ insert the borrower’s full name and, where relevant, the guarantor’s full name ] 1 [ We refer......

1 Guarantee 1.1 Definitions Actual Completion Date — the date upon which the Transfer is in fact completed; Completion Date — [ date ] or, if later, the date determined in accordance with clause 1.3.2(b); Price — £[ amount ]; Property — the property described as [ description ], shown [ edged OR coloured OR hatched ] [ colour ] on the plan appended to this Contract at Appendix 1 [ and registered at HM Land Registry under the Landlord's Title ]; Standard Conditions — the Standard Commercial Property Conditions ( Third Edition—2018 Revision); and Transfer — the transfer of the Property in the form annexed to this Contract at Appendix 2. 1.2 Interpretation For the purposes of this clause, any reference in the Standard Conditions to ‘actual completion’ must be read so that it is consistent with the...

This overview offers general guidance on injunctions in the family courts to protect against domestic abuse. Your family lawyer can provide specific advice tailored to your situation. Family homes and domestic abuse If you are facing violence, threats or intimidation, you can apply to the family courts for an injunction to help protect you. There are two types of injunction: a non-molestation order, and an occupation order What is a non-molestation order? A non-molestation order restrains your partner or spouse from using or threatening violence against you or your children, or from intimidating, harassing or pestering you. It can include detailed provisions tailored to the particular behaviour affecting you. Who can apply? To seek a non-molestation order you must be an associated person, as defined in the relevant legislation. This includes current and former spouses, civil partners and cohabitants, as well as fiancé(e)s, relatives, people living in the same...

This guide provides general information on post-nuptial agreements. Your family lawyer can offer specific advice that reflects your personal circumstances and needs. What is a post-nuptial agreement? A couple who are already married or in a civil partnership might choose to make an agreement setting out what they want to happen to their money and property if their marriage or civil partnership were to end at a later date. They may do this because they did not enter a pre-nuptial agreement before marrying, or after a separation followed by getting back together. A couple who are separating can also make an agreement about financial issues if they do not yet wish to divorce or dissolve their civil partnership; this type of post-nuptial agreement is known as a separation agreement, and similar rules apply......

This document offers general guidance on pre-nuptial agreements. Your family solicitor can provide specific advice tailored to your circumstances. What is a pre-nuptial agreement? A couple preparing to marry or enter a civil partnership may choose an agreement that sets out what they intend should happen to their money and property if the marriage or civil partnership were to end. The legal position stems from the ordinary laws on divorce and dissolution, and from the Supreme Court’s 2010 ruling in Radmacher v Granatino, which stated: ‘ The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’. Why enter into a pre-nuptial agreement? People have different motivations for entering into a pre-nuptial agreement. You and your...

This note offers broad guidance on financial support for children. Your family solicitor can give tailored advice to suit your particular circumstances and needs. Child maintenance Under the law relating to child maintenance (also called child support), the court is generally unable to make a child maintenance order other than by the parties’ consent (agreement), except where certain exceptions apply. Any consent order for a child’s maintenance binds for only one year, after which either parent may seek a calculation from the Child Maintenance Service ( CMS), if they wish to do so. Where you and the other parent cannot settle the level of maintenance, either party can apply to the CMS for a formal assessment......

This note sets out general guidance on dissolving a civil partnership in cases where the court issued the proceedings before 6 April 2022. Your family solicitor can offer tailored advice for your particular circumstances. How do I apply for a dissolution? To seek a civil partnership dissolution (the term used for divorce in civil partnerships), you must have been in the partnership for at least one year before making the application. The location of your ceremony is irrelevant; however, you may apply in England and Wales only if you or your civil partner satisfy specific residence requirements or are domiciled in this jurisdiction. If unsure, take advice from your family solicitor. The procedure is largely administrative, so in most cases neither party attends before a judge; decisions are typically made on the papers. Matters remain straightforward unless your partner chooses to defend the case and...

This document offers general guidance on the divorce procedure in relation to divorces begun before 6 April 2022. Your family lawyer will be able to provide advice tailored to your particular circumstances. How do I apply for a divorce? To begin a divorce application, you must have been married for a minimum period of one year from the date of the marriage. It does not matter where in the world the marriage took place, but you may only apply in England and Wales if either you or your spouse satisfy certain residence requirements or are domiciled here. If you are unsure about eligibility, speak to your family lawyer for clarification. The procedure is largely administrative in nature. In most situations, neither party is required to attend before a judge; the judge will almost always approve the divorce on the paperwork alone, based on the...

This note offers general guidance about financial disclosure. Your family lawyer will be able to give specific advice tailored to your circumstances. What is financial disclosure? Financial disclosure means providing your spouse or partner, and the court, with complete information about your personal financial position together with your anticipated needs and resources. It is ordinarily the first step your family lawyer will ask you to take, because they cannot advise you properly on the likely outcome of your matter without a clear understanding of where both you and your spouse/partner stand financially. In financial cases, transparency is crucial whatever route you choose to reach an agreement, whether inside or outside the court system. If you commence court proceedings, the court will require both you and your spouse/partner to complete a detailed financial statement (a form known as Form E) before the first hearing. In...

Lease terms concerning the Tenant’s signage NOTE: The defined expressions used in these provisions are consistent with the Lexis+® UK precedent leases. The terminology may need to be adjusted if these provisions are to be incorporated into a different style of lease. In those leases, ‘ Consent’ means written consent from the Landlord that is not to be unreasonably withheld or delayed. 1 Retail/restaurants and cafes 1.1 [ The Tenant shall not erect or show any sign, notice, aerial, flag, satellite dish or advertisement that is visible from outside the Property, except for [ [ number ] external sign [ s ] OR [ fascia ] signage ] displaying the name and business of the Tenant (or other authorised occupier) [ in the customary style of the Tenant’s [ fascia ] signage from time to time ] which: ...

[ Place on the letterheaded paper of the party lodging form MR01 ] [ enter date ] For the attention of: The Registrar of Companies Companies House Crown Way Cardiff CF14 3UZ Dear [ enter organisation name ] [ enter name of Chargor ]— Company number [ enter company number ] 1 We refer to the [ enter name of......

This Agreement is entered into on [ insert day and month ] 20[ insert year ] Parties [ insert name of selling corporate entity ], a company registered in [ England and Wales OR [ insert country of incorporation ] ] with company number [ insert company number ], whose registered office is at [ insert address ] ( Seller ); and [ insert name of purchasing corporate entity ], a company registered in [ England and Wales OR [ insert country of incorporation ] ] with company number [ insert company number ], whose registered office is at [ insert address ] ( Buyer ) [ (together the Seller and the Buyer are the Parties, and each of the Seller and the Buyer is a Party). ] BACKGROUND The Seller presently conducts the Business [ under the Business Name ]. The...

This Agreement is entered into on [ insert day and month ] 20[ insert year ] Parties [ insert name of selling corporate entity ], a company registered in [ England and Wales OR [ insert country of incorporation ] ] with number [ insert company number ], whose registered office is at [ insert address ] (the Seller) [ insert name of purchasing corporate entity ], a company registered in [ England and Wales OR [ insert country of incorporation ] ] with number [ insert company number ], whose registered office is at [ insert address ] (the Buyer) [ (each of the Seller and the Buyer being a Party, and together the Seller and the Buyer constituting the Parties). ] BACKGROUND The Seller operates the Business [ under the Business Name ]. The Seller has agreed to transfer the...

This Agreement is entered into on [ insert day and month ] 20[ insert year ] Parties [ insert name of selling corporate entity ], a company registered in [ England and Wales OR [ insert country of incorporation ] ] under number [ insert company number ], whose registered office is at [ insert address ] ( Seller ), and [ insert name of buying corporate entity ], a company registered in [ England and Wales OR [ insert country of incorporation ] ] under number [ insert company number ], whose registered office is at [ insert address ] ( Buyer ) [ (each of the Seller and the Buyer is a Party and, together, the Seller and the Buyer are the Parties). ] BACKGROUND The Seller presently operates the Business [ under the Business Name ]. The Seller has agreed to...

Notice of assignment [ To be printed on the headed notepaper of the assignor ] To: [ insert name and address of the relevant contract counterparty ] Date: [ insert date ] Dear [ insert organisation name ], [ insert brief description of the relevant assigned contract ] We make reference to the transfer of contractual rights (the ‘ Assignment’) dated [ insert date ], executed by us in our capacity as assignor (the ‘ Assignor’), in favour of [ insert name of lender ] (the ‘ Lender’). We also refer to the agreement concerning [ insert description of relevant contract ] dated [ insert date ], concluded between us as [ insert party ] and you, [ insert name of relevant counterparty ], as [ insert party ] (as amended, novated, supplemented, restated or replaced from time to time) (the ‘...

Notice of assignment [ To be printed on the headed notepaper of the assignor ] To: [ insert name and address of the relevant insurer ] Date: [ • ] Dear [ insert organisation name ], [ insert brief description of the relevant insurance policy ] We refer to the assignment of insurance policies (the ‘ Assignment’), dated [ • ], entered into by us as assignor (the ‘ Assignor’) in favour of [ insert name of lender ] (the ‘ Lender’). We also refer to the insurance policy placed by us as the policy holder, with you as the insurer, concerning [ insert brief description of relevant policy and risks covered ], with policy number [ • ], together with any policy arranged to renew, substitute or replace that insurance (the ‘ Insurance Policy’). Please take notice that, pursuant to the terms of the...