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
HM Land Registry Prescribed Clauses LR1. Lease date [ date ] LR2. Title number(s) LR2.1 Landlord’s title number(s) [ title numbers from which this Lease is granted. Leave blank if unregistered ] LR2.2 Other title numbers [ any existing title number(s) against which entries relating to LR9, LR10, LR11 and LR13 are to be recorded ] LR3. Parties to this Lease Landlord [ name of Landlord ] [ of OR a company incorporated in England and Wales with company registration number [ number ] whose registered office is at ] [ address ] Tenant [ name of Tenant ] [ of OR a company...
Panel 4— Property [ Plot [ number ] within the Estate OR [ postal address, where already allocated ] ] [ together with garage plot number [ number ] ] [ each ] as displayed [ edged OR coloured OR hatched ] [ colour ] on the Plan of the Estate [ (this includes the walls, hedges and fences indicated on that plan [ with a ' T' mark ] together with the buildings put up on [ it OR them ] ) ]......
This precedent is prepared on the assumption that the drafter acts for the seller. It also proceeds on the basis that the target company (the Company) is a subsidiary of the Seller. You are firmly encouraged to bring in a pensions specialist at the earliest opportunity. 1 Definitions For the purposes of paragraphs 2 to 11 (inclusive): Employee means any current or former employee, officer or director of the Company [ or of any Group Company ] [ and any other person participating in the management of the Company’s affairs ] ; Pension Scheme [ s ] mean [ s ] [ [ name(s) of scheme(s) ] OR an arrangement or practice for the payment of, or contribution towards, an annuity, pension, lump sum, gratuity or comparable benefit to be provided on retirement, long-term ill-health or death, or pursuant to a pension sharing order, in...
This precedent is prepared on the footing that the drafter acts for the Seller. It is prepared on the basis that the target company (the Company) is a subsidiary of the Seller. It is strongly recommended that a pensions specialist is engaged at the earliest opportunity. 1 Definitions For the purposes of paragraphs 2 to 12 (inclusive), the following definitions set out below shall apply: Employee means any current or former employee, officer, or director of the Company [ or of any Group Company ] [ and any other individual involved in the management of the Company’s affairs ] ; Pension Scheme means any arrangement or practice providing for, or contributing towards, an annuity, pension, lump sum, gratuity, or similar benefit on retirement, long-term ill-health, or death, or pursuant to a pension sharing order, arising from the service or historic service of an...
1 Introduction 1.1 For this policy, ‘homeworking’ refers to carrying out all, or virtually all, of your contracted hours from your home or an appropriate remote site within the UK, as authorised by your manager in advance. It does not cover ‘hybrid working’, where employees spend some time at the workplace and the remainder at home or another suitable remote location, splitting their working hours between both settings. For information about our approach to hybrid working, please refer to the Company’s Hybrid working policy. 1.2 This policy does not anticipate home or remote working from outside the UK, since that would raise substantial additional legal and practical considerations for both you and the Company. If you intend to work from a location outside the UK, you must first secure prior written permission from the Company, via your manager, before proceeding. The procedure for...
This Deed is dated [ insert day and month ] 20[ insert year ] Parties [ insert name of Assignor ], a company registered in England and Wales with company number [ insert company number ], whose registered office is at [ insert address ] (the Assignor); and [ insert name of Lender ] of [ insert address ] (the Lender). Recitals: ( A) The Lender has agreed to provide a loan facility to the Assignor on the terms and conditions contained in the Facility Agreement (as defined below). ( B) Availability of the loan facility is conditional upon the Assignor executing this Deed to create security in favour of the Lender in respect of the Secured Obligations (as defined below)......
A: General information Date of annual review Person(s) carrying out the annual review B: Review and findings Are your financial management policies and procedures current and suitable for their purpose? ☐ Yes ☐ No—if No, record an action in section C below to revise your policies and procedures. Do your actual monthly and annual results align with your forecasts, particularly regarding: profit and loss? cash flow? balance sheet? ( Only accept a reasonable margin of variance) ☐ Yes ☐ No If No, is a re-forecast of your financial performance required? ☐ Yes—ensure an action is set at section C below to deal with this ☐ No Are you confident that your monitoring arrangements function as intended for the following: the value of work undertaken on clients’ files (i.e. work in progress) relative to any payments on account of costs? the level of credit you extend to clients? aged...
1 General information Review date [ Provide date ] Person(s) leading review [ Provide name(s) ] 2 Review and findings Are your client care handbook and processes up to date and suitably fit for purpose?......
1 General information Date for review [ Insert date ] Individual(s) leading review [ Insert name ] 2 Review and findings Are your risk management policy and procedures current, appropriate, and still fit for purpose?......
A: General information Date of review [ insert date ] Person(s) carrying out the review [ insert name(s) and/or role(s) ] B: Review and findings Is your Data protection policy fully up to date and appropriate for its intended purpose? ☐ Yes ☐ No If no, kindly set out any amendments required and make sure you record an action at section C below to update your Data protection policy accordingly Are you satisfied that your Data protection procedures are operating effectively, in particular the procedures that relate to: your obligations regarding the Information Commissioner’s Office ( ICO)? providing clients with a notice about data processing?......
1 General information Review date: [ Enter date ] Reviewer(s): [ Enter name(s) ] 2 Review and findings Have all publicity materials recorded in your Publicity register been checked within the past 12 months? ☐ Yes ☐ No (set an action point at section 3 below) Is your Publicity register current? ☐ Yes ☐ No (set an action point at section 3 below) Does the firm’s letterhead meet the requirements described in the Practice Note: Publicity—law firms? ☐ Yes ☐ No (set an action point at section 3 below) Do the firm’s letterhead and emails display the firm’s SRA authorisation number and the wording ‘authorised and regulated by the Solicitors Regulation Authority’?......
[ insert name of property ] Executive summary [ insert a general summary of the construction documents/highlight any key areas of concern ] Building contract and related documents Save as noted below, the Building Contract, consultants’ appointments and collateral warranties broadly reflect prevailing market standards, and in particular include the following: a duty to carry out the Works/provide the Services with the reasonable skill and care of a suitably qualified professional or contractor experienced on comparable schemes; a commitment not to specify or use harmful or deleterious materials in the Works; an obligation to grant an irrevocable, royalty‑free copyright licence over all documents and materials created by the Contractor/ Consultants, assignable or transferable to third parties without restriction; a requirement to maintain professional indemnity insurance covering liabilities under the Building Contract/ Appointments (as relevant) at the stated level; a right to assign the...
Claim No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] BUSINESS AND PROPERTY COURTS LIST Between: [ insert name ] Claimant and [ insert name ] Defendant [ Draft ] Fast track standard directions Further statements of case The [ claimant OR defendant OR other party ] shall lodge a [ name of statement of case ] and, by no later than [ time and calendar date ], serve a copy on the [ claimant OR defendant OR other party ]. Requests for further information Any request seeking clarification or additional information arising from another party’s statement of case must be...
1 General information Date of review: [ Insert date ] Person(s) conducting review: [ Insert name(s) ] 2 Review and findings Have shifts in your organisation’s principal business goals altered anything that would affect the objectives of your ICT plan at this time? ☐ Yes (create an action at 3 below to revise the ICT plan) ☐ No Does your organisation’s ICT plan align with all other related policies and documents in full? ☐ Yes ☐ No (record an action at 3 below) Is the Schedule of primary ICT contacts current at present? ☐ Yes ☐ No (note an action at 3 below) Does the Schedule of the current ICT environment accurately represent your organisation’s present ICT resources right now?......
1 General information Review date [ Enter date ] Reviewer(s) [ Enter name(s) ] 2 Review and findings Are your policy and procedures for instructing third parties current and suitable for their purpose? ☐ Yes ☐ No (record an action at 3 below) Is your register of third parties up to date? ☐ Yes ☐ No (record an action at 3 below) Are you confident that your arrangements for engaging third parties function as intended, particularly with respect to: assessing and approving third parties? complying with equality and diversity duties? complying with data protection duties?......
1 General information Date of review Person(s) carrying out review [ Enter date of review ] [ Enter name(s) ] 2 Review and findings Issue under review Findings Are your introductions to third parties policy and procedures current and fit for purpose?......
A: General information Date the monitoring review occurred Individual who completed the monitoring review B: Consolidated data Criteria covering the past 12 months Number of suspected Accounts Rules compliance breaches reported internally to the COFA Number of confirmed Accounts Rules compliance breaches (serious and non‑serious) Number of serious Accounts Rules compliance breaches Number of Accounts Rules compliance breaches reported to the SRA If this differs from the ‘ Number of serious compliance breaches’, explain why C: Data by compliance breach category Category of compliance breach during the last 12 months A: Client funds applied for a non‑permitted purpose B: Client funds paid into the office account C: Client funds wrongly withheld from the client account D: Incorrect withdrawal from the client account E: Delay in paying in client funds F: Client funds not...
1 General information Date of annual review [ Insert date ] Person conducting annual review [ Insert name ] 2 Review and findings Do your client care letter and/or terms of business meet the information obligations set out in: the SRA Standards and Regulations the Legal Ombudsman’s Scheme Rules guidance issued by the Law Society See Practice Note: Client care letter and terms of business—information requirements. ☐ Yes ☐ No If no, add an action in section 3 below to resolve this. Do your client care letter and/or terms of business include the appropriate cancellation wording where the Consumer Contracts Regulations 2013 apply ☐ Yes ☐ No If no, set an action in section 3 below to address this. Do your client care letter and/or terms of business include a statement of your commitment to equality and diversity, and inform clients they may request a copy of your...
This model opt-out notice uses the wording prescribed in Schedule 1 to SI 2010/772 and includes the statements mandated by SI 2010/772, reg 9(6)(aa). Notice to opt out of pension saving If you wish to leave pension saving, please complete this form and hand it directly to your employer promptly. Your complete name Employer’s name Your National Insurance number or your date of birth......
A: General information Review date [ Insert date ] Person(s) carrying out the review [ Insert name(s) ] B: Review and findings Have you tracked how staff use the internet and your electronic communications system? ☐ Yes ☐ No — ensure you set an action point in section C If yes, do you confirm that any monitoring is undertaken in line with your Internet and electronic communications policy and any Impact assessment you have completed? ☐ Yes ☐ No — ensure you set an action point in section C Are your Internet and electronic communications policy and any Impact assessment up to date and suitable for purpose?......
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 ]...