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
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
[ 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 ]
[ 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
1 I, [ name ], of [ address ], solemnly and sincerely declare that, following a conveyance (‘the Conveyance’) dated [ date ] made between (1) [ name of seller ] [ and (2) myself [ and my [ wife OR husband OR [ other ] ] ] ], [ I OR we ] obtained the freehold land (‘the Red Land’) registered under title number [ title number of declarant’s property ]. It is shown [ edged OR coloured OR hatched ] red on the plan now produced, shown to me, and marked ‘1’, which is attached to this declaration (‘the Plan’). The Red Land comprises the dwelling and garden located at [ address or other description ]. Upon completion of the transfer, [ I OR we ] took possession of the Red Land and have remained in continuous possession ever since. Shortly after...
I, [ name ], of [ address ], do solemnly and sincerely declare as follows: 1 Following a transfer dated [ date ] between (1) [ name of seller ] and (2) myself [ and my [ wife OR husband OR [ other ] ] ], [ I OR we ] obtained the freehold land (‘the Red Land’), registered under title number [ title number of declarant’s property ] and identified [ edged OR coloured OR hatched ] red on the plan now produced and shown to me and marked ‘1’, which is attached to this declaration (‘the Plan’). The Red Land consists of the house and garden situated at [ address or other description ]. On the date the transfer completed, [ I OR we ] took possession of the Red Land and have remained in continuous possession ever since. Shortly after...
Introduction The purpose of this copyright policy is to guide employees and other personnel on copyright as a right. It also: sets out guidelines and procedures for obtaining permission to use company and third‑party works; provides a framework for reporting misuse of copyright works. This policy supplies practical advice and procedures on copyright matters. It is not a substitute for legal advice, so obtain proper legal guidance when needed. The copyright officer, [ Name ], may assist with any questions; contact [ Name ] at [ telephone number or email address ]. What is copyright? Copyright recognises the intellectual creation invested by an author in producing a work. Where copyright subsists in a work, the owner holds exclusive rights to undertake specified acts in relation to that work. Acts such as copying, as defined in the Copyright, Designs and Patents Act 1988, carried out by anyone other than the...
Front page of bill [ enter client name and address ] Invoice number: [ enter number ] Invoice date: [ enter date ] VAT number: [ enter number ] Client: [ enter client name ] Matter: [ enter matter description ] Reference: [ enter matter reference ] £ VAT amount £ VAT rate % Fees: For our professional fees from [ enter date ] to [ enter date ] covering legal counsel and services [ enter gross total figure or itemise ] [ enter figure ] [ enter VAT rate ] Disbursements (expenses): [ describe disbursement ] ( [ paid OR not yet paid ] ) [ describe disbursement ] ( [ paid ] ) ......
This Agreement is dated [ insert date ] Parties [ Insert name of company in which the shares are held ], incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ], brief details of which are set out in Schedule 1 (the Company); and The several persons whose names and addresses are set out in Schedule 2 (each an Original Shareholder and, collectively, the Original Shareholders). [ each of the Company and the Shareholders (including the Original Shareholders) being a Party and, together, the Company and the Shareholders being the Parties. ] background The Shareholders are the sole holders of shares in the Company and have agreed, with the Company and with one another, to exercise their rights concerning the Company in accordance with this Agreement......
This Agreement is dated [ insert date ] Parties [ Insert name of investee company ], a company incorporated in England and Wales with number [ insert company number ], whose registered office is at [ insert address ], with brief particulars set out in Schedule 1 (the Company) The several persons whose names and addresses appear in Part A of Schedule 2 (together, the Founders) [ The several persons whose names and addresses appear in Part B of Schedule 2 (together, the Other Shareholders) and ] [ Insert name of investor ] [ incorporated in England and Wales under number [ insert company number ] whose registered office is at OR of ] [ insert address ] (the Investor) [ (each of the Company, the Founders, the Other Shareholders and the Investor is a Party and, together, the Company, the...
This Agreement takes effect on [ insert date ] Parties [ Name of issuing company ], a company incorporated in England and Wales with number [ company number ], whose registered office is at [ address ], particulars of which appear in Schedule 1 ( Company ), The several persons whose names and addresses are set out in Schedule 2 (together, Shareholders ), [ Name of Optionholder ] [ incorporated in England and Wales under number [ company number ] whose registered office is at/of [ address ] ] ( Optionholder ) (each Party and together the Parties ). BACKGROUND ( A) The Company is a private limited company by shares. ( B) [ The Optionholder has agreed to make available loan facilities to [ the Company ] on, and subject to, the terms and conditions of the [ loan agreement between the Company and the...
This Agreement is entered into on [ insert date ] Parties [ Insert name of company in which the shares are to be held ], a company incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ], with brief particulars set out in Schedule 1 ( Company); The several persons whose names and addresses are set out in Schedule 2 (together, the Existing Shareholders); and [ Insert name of subscriber ] [ incorporated in England and Wales under number [ insert company number ] ] [ whose registered office is at OR of ] [ insert address ] ( Subscriber). (each a Party and together the Parties). BACKGROUND The Subscriber has agreed to subscribe for Shares, subject to and in accordance with the terms and conditions of this...
In the County Court at [ Name of county court hearing centre ] [ Name of the county court hearing centre in which the original Bankruptcy Order was made ] Case No: [ Full case number as set out on the original Bankruptcy Order ] RE: [ Name of Debtor ] [ Complete name of the bankrupt as shown on the Bankruptcy Order ] 1 On the Trustee’s application [ insert full name and address of Trustee ], and with the agreement of the bankrupt named above......
Note: Apart from the court heading, this Precedent is prepared entirely from the specific viewpoint of a liquidator’s relevant application seeking permission to effect service outside the jurisdiction......
Applicant(s): [ enter initials and family name ]: [ state ordinal of witness statement, e.g. 1st ] Exhibit: [ describe the exhibit ]: Date: [ give date of witness statement ] CASE NO: [ provide case number ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [ enter location ] INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE COUNTY COURT AT [ enter location ] BUSINESS AND PROPERTY WORK ] IN THE MATTER OF [ enter company’s name ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [ enter name(s) of the Applicant(s) ] Applicant(s) AND [ enter name(s) of the Respondent(s) ] Respondent(s) [ SPECIFY NUMBER ] Witness statement of [ enter name of...
1 General information Review date: [ Insert date ] Reviewer(s): [ Insert name ] 2 Data Criteria Over the previous 12 months Count of orders, notices, warrants, or other enforcement measures received: [ Insert number ] 3 Review and findings Is your financial crime investigation procedure current and appropriate for its purpose?......
[ Insert date ] [ Insert names and addresses of members of the Tribunal ] cc: [ Insert names and addresses of other parties to the arbitration ] Dear [ Members of the Tribunal or name(s) of the arbitrator(s) ], [ Insert title of arbitration including any reference number ] We write with regard to the award [ insert details, including number (if applicable), and date of award ] (the Award)......
Claimant’s description of documentation requested 1. All communications and correspondence exchanged from 1 January 2015 to 30 December 2020 between the respondent and each of its suppliers, relating to extensions of time for deliveries. Claimant’s position on relevance and materiality The claimant contends that the respondent routinely granted its suppliers additional time for delivery and seized upon the claimant’s single instance of late delivery as a pretext to terminate the Agreement for purely financial motives. These communications, which the respondent ought properly to have retained, would confirm and evidence this. Respondent’s response to the claimant’s requests and reasons The respondent objects to the request on the basis that it seeks an overly broad category of documents, the identification and production of which would be burdensome. It is not a narrow and specific set as required by Article 3(a)(ii) of the IBA Rules. Furthermore, whether other suppliers were...
[ Insert the arbitrator’s name, address and any reference he/she has requested be used ] [ By email and by post ] [ Insert date ] Dear [ insert name of arbitrator ] [ Insert name of arbitration ] Further to our telephone discussion [ earlier today or as appropriate ], when you agreed to take up appointment in this arbitration, we confirm the particulars of that appointment. You are appointed as arbitrator for and on behalf of [ insert name of your client ], in the proposed arbitration with [ insert name of the opposing party ], concerning any and all disputes arising under the parties’ contract dated [ insert date ] (the Contract). The arbitration clause within the Contract states [ insert details ] (the Arbitration Agreement). We are serving notice of your appointment directly on [ insert name of either the opposing party or...
Witness statement for the Claimant [ [enter number of witness statement, e.g. First] ] by [ Add witness name ] Exhibits: [ Add exhibit reference ] Date the statement was made: [ Add date ] [ Date of translation: [ add date ] ] Claim No: [ Add details ] In the High Court of Justice, Business and Property Courts of England and Wales, Commercial Court ( KBD) OR Claim No: [ Add details ] In the High Court of Justice, Business and Property Courts in [ add location ] [ state division ] [ state specialist court ] In the matter of an arbitration And in an arbitration claim Between: [ Claimant’s name ] — Claimant [ Defendant’s name ] — Defendant Witness statement of [ add witness name ] I, [ add witness name ] of [ add witness address ], STATE as...
Arbitration [ Dated ] [ Counsel for Respondent ] [ Address ] Dear [ insert organisation name ] [ Arbitral Institution ] [ Number ]: [ Claimant ] versus......
[ Date ] [ Respondent's Counsel ] [ Address ] Dear [ insert organisation name ] [ Arbitral Institution ] Arbitration [ Arbitration No. ]: [ Claimant ] v. [ Respondent ]—appointment of the sole arbitrator In accordance with clause [ insert clause ] of the [ arbitration agreement ], we hereby write concerning the appointment of the sole arbitrator. To ensure this process is handled promptly and even-handedly, we suggest the most efficient way forward would be for the parties to reach a joint agreement on a suitable candidate......
[ Enter date ] [ Enter names and addresses for members of the tribunal ] cc: [ enter names and addresses of other parties to the arbitration ] Dear [ Members of the Tribunal or name(s) of the arbitrator(s) ], [ Enter the arbitration title including any reference number ] We write in relation......
[ Insert date ] [ Insert names and addresses of members of the Tribunal ] cc: [ Insert names and addresses of other parties to the arbitration ] Dear [ Members of the Tribunal or name(s) of the arbitrator(s) ], [ Insert title of arbitration including any reference number ] We write concerning the award [ insert details, including number (if applicable), and date of award ] (the Award). This is an application for a supplementary award under section 57(3)(b) of the Arbitration Act 1996. We respectfully contend that the Tribunal did not address [ identify claim(s) omitted ] in the Award. The [ identify issue ] was presented to the Tribunal in the following ways: [ Include references to pleadings, skeleton arguments and oral evidence in the arbitration including agreed transcripts if available ] We ask the Tribunal to issue an additional award addressing the [ issue ], and...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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...
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 ...
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 ]...