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
This Deed is executed on [ insert day and month ] 20[ insert year ] Parties [ insert name of Chargor ], a company incorporated in England and Wales with registered number [ insert company number ], with its registered office at [ insert address ] (the Chargor); and [ insert name of Lender ] of [ insert address ] (the Lender). Recitals: The Lender has agreed to provide a loan facility to the Chargor on the terms and conditions contained in the Facility Agreement (as defined below). As a condition precedent to the availability of that facility, the Chargor must enter into this Deed to create security in favour of the Lender for the Secured Obligations (as defined below)......
This presentation serves as a tool to train the employees in your law firm on your information management and security policies and procedures. The training materials are customisable. This version of the training pack is provided in Power Point and, for that reason, it cannot be downloaded to Word from this page here......
1 General information Review date [ Enter date ] Person(s) leading review [ Enter name(s) ] 2 Review and findings Is the Risk register up to date? □ Yes □ No—if not, add an action in Section 3 to update the register Do any individual risks require further review?......
1 General information Review date: [ Insert date ] Reviewer(s): [ Insert name ] 2 Review and findings Have you completed a new risk evaluation and a thorough risk assessment? Yes No If no, be sure to add an action in section 3 to carry out a new risk evaluation and detailed risk assessment. Are your business continuity plan ( BCP) and procedures current and fit for purpose? Yes No If no, ensure an action is set in section 3 to bring your policy and processes up to date. Is your key contact list up to date? ......
Dated: Parties [ insert party name ], whose registered office is situated at [ insert address ] ('the First Party'); and [ insert party name ], whose registered office is situated at [ insert address ] ('the Second Party'); and Recitals The First Party proposes to lodge with the Council a planning application relating to the Commercial Proposal for the First Property. The Second Party proposes to lodge with the Council a planning application relating to the Residential Proposal for the Second Property. The parties acknowledge that the Second Party shall file the Second Planning Application with the Council at the same time as the First Party files the First Planning Application with the Council, each being related planning applications for a Planning Use Exchange concerning the First Property and the Second Property, on the terms set out...
Applicant(s): [ insert initials and surname ] [ insert number of witness statement eg 1st ] Exhibit: [ insert exhibit description ] Date: [ insert date of witness statement ] Case No: [ insert 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 [ insert location ] INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE COUNTY COURT AT [ insert location ] BUSINESS AND PROPERTY WORK ] IN THE MATTER OF [ insert bankrupt’s name ] IN BANKRUPTCY AND IN THE MATTER OF THE INSOLVENCY ACT 1986 [ Insert name(s) of the Applicant(s) ] Applicant(s) AND [ Insert name(s) of the...
VAR Insolvency Act Application Notice Note: Use this precedent together with an application notice template that accords with the Insolvency ( England and Wales) Rules 2016, SI 2016/1024—refer to: ( Form IAA) IR 2016, r1.35 INSOLVENCY ACT APPLICATION NOTICE CASE NO: [ enter 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) ]...
INSOLVENCY ACT APPLICATION NOTICE Note: Use with an application notice template compliant with the Insolvency ( England and Wales) Rules 2016, SI 2016/1024 ( Form IAA), IR 2016, r 1.35... Case No: [insert]. [ In the High Court of Justice, Business and Property Courts ( Insolvency and Companies List ( Ch D)) in England and Wales or in [location]; or in the County Court at [location], Business and Property Work]... In the matter of [bankrupt’s name] ( In Bankruptcy) and the Insolvency Act 1986. Between [ Applicant(s)] and [ Respondent(s)]. Application under section 284... Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. The application concerns [details of the relevant bankruptcy]. To be heard by [level of judge] at [court/hearing centre]. Within existing insolvency proceedings? YES/ NO. Court reference: [insert]... Declaration that [the disposition] is void under section 284. Order restoring the position as if the disposition had not...
1 General information Period under review [ Insert review period ] Review date [ Insert date ] Reviewer(s) [ Insert name(s) ] 2 Data Criteria For the most recent [ insert period, e.g. quarter ] Across the past 12 months Overall volume of suspicious activity reports ( SARs) submitted [ Insert number ] [ Insert number ] SARs concerning money laundering [ Insert number ] [ Insert number ] SARs concerning terrorist financing [ Insert number ] [ Insert number ] SARs concerning proliferation financing [ Insert number ] [ Insert number ] SARs concerning bribery and corruption [ Insert number ] [ Insert number ] SARs concerning financial sanctions [ Insert number ] [ Insert number ] SARs concerning fraud [ Insert number ] [ Insert number ] SARs...
General information Review date [ Insert date ] Reviewer(s) [ Insert name(s) ] Screening Thinking about your screening procedure: Is it delivering as expected (e.g. if screening is outsourced, are you seeing too many false positives, and is the provider dependable, etc)?......
1 General Date for review [ Insert date ] Name of the reviewer [ Insert name ] 2 Risk assessment Looking over your risk assessment: Has the risk assessment been reviewed or has a new risk assessment been done in last 12 months? □ Yes □ No—state rationale and, where relevant, record action point in section 5 Is the latest risk assessment still fully fit for purpose?......
Filed on behalf of the [ Claimant OR Defendant ] Witness’s statement by [ enter initial and surname of witness ] Statement number: [ enter the number of this witness’s statement ] Exhibit particulars: [ enter initials and number for each exhibit cited ] Date the statement was made: [ enter date ] [ Date of translation: [ enter date ] ] Claim No. ......
1 General information Date of the annual review Person(s) carrying out the annual review [ Insert date ] [ Insert names(s) ] 2 Review and findings Item assessed Outcome Does your Compliance plan faithfully represent your current compliance arrangements? ☐ Yes ☐ No (set an action point at 3 below) Does your Compliance plan properly identify your COLP and COFA (and, if appropriate, their deputies)? ☐ Yes ☐ No (set an action point at 3 below) If you have appended a Register of compliance policies to your Compliance plan, is the Register accurate and up to date?......
Definitions Within this questionnaire, the following terms and expressions carry the meanings shown alongside them below, respectively...
A: General information Review date Reviewer(s) B: Data 1 Rolling data Criteria During the past [ insert period, e.g. quarter ] Across the last 12 months Count of suspected conflict / confidentiality / disclosure issues referred to the COLP for a decision on whether we could act (“reported cases”) Count of reported cases where instructions were declined following review by the COLP Count of reported cases where instructions were approved following review by the COLP (including cases that are now closed) 2 Snapshot data Count of reported cases with a decision outstanding from the COLP (e.g. on whether we can act or other actions required) Count of reported cases in which we are presently acting (i.e. instructions were approved following review by the COLP) ......
1 General information Review date [ Insert date ] Reviewer(s) name(s) [ Insert name(s) ] 2 Rolling data Criteria In the last [ insert period, eg quarter ] Over the last 12 months Count of potential claims received Count of potential claims reported to professional indemnity insurer Count of claims closed/settled/resolved Monetary value of claims closed/settled/resolved 3 Snapshot data Criteria In the last [ insert period, eg quarter ] Over the last 12 months Count of outstanding claims Potential overall value of outstanding claims 4 Review and findings ......
1 General information Review date [ Insert date ] Name of reviewer [ Insert name ] 2 Data Criteria Across the past twelve-month reporting period Total whistleblowing submissions recorded [ Insert number ] 3 Review and findings Assessment point Reply Are your Whistleblowing policy and procedures current and suitable? □ Yes □ No— if no, please record an action in section 4 Is your Whistleblowing register current and up to date?......
1 General information Report date: [ insert date ] Previous report date: [ insert date ] Submitted by: [ insert name ] 2 Key points [ Insert key point ] [ Insert key point ] [ Insert key point ] [ Insert key point ] 3 Action points arising from last COLP board report Action point: [ Insert action point ] Person accountable: [ Identify person responsible for this action point (may or may not be the COLP) ] Status: [ insert status ] Action point: [ Insert action point ] Person accountable: [ Identify person responsible for this action point (may or may not be the COLP) ] Status: [ insert status ] Action point: [ Insert action point ] Person accountable: [ Identify person responsible for this action point (may or may not be the...
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 ]...