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 General information Report date [ insert date ] Previous report date [ insert date ] Report 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 COFA board report Action item [ Insert action point ] Nominated lead [ Identify person responsible for this action point (may or may not be the COFA) ] Current status [ insert status ] Action item [ Insert action point ] Nominated lead [ Identify person responsible for this action point (may or may not be the ......
This Deed is entered into 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 ], whose registered office is at [ insert address ] (the Chargor); [ 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). It is a condition precedent to the availability of that loan facility that the Chargor enters into this Deed to provide security in favour of the Lender in respect of the Secured Obligations (as defined below)......
This Precedent has been archived. For an alternative, see Precedent: Defending an employment tribunal claim—client guide. [ Insert name and address of client ] Private and confidential Dear [ insert name ] Employment tribunal claim by [ enter name of employee ] Thank you for appointing this firm to act in respect of the claim issued against you by [ insert name of claimant ]. [ Enclosed with this letter are our terms of business. ] Below is an outline of the usual employment tribunal process that will follow now that the tribunal has accepted the claim, as we discussed [ at our meeting on [ insert date ] OR over the telephone on [ insert date ] ]. For the purposes of the employment tribunal proceedings, [ insert name of claimant ] will be referred to as ‘the claimant’ and you will be referred to as ‘the...
This Precedent is Archived. For an alternative, see Precedent: Giving evidence in the employment tribunal—client guide. [ Insert name and address of witness ] Private and confidential Dear [ insert name ] [ Insert name ] Employment tribunal claim Employment tribunal hearing [ insert date ] Following our recent [ correspondence OR discussions ], I am writing to outline the tribunal process and to explain what to expect at the hearing fixed for [ insert date ], at which you have agreed to attend as a witness. Before the hearing Before the hearing, please familiarise yourself with your witness statement and any materials I have sent to you for this hearing. As we discussed when preparing your statement, it is essential that you are comfortable with its contents; the more assured you feel about your statement, the easier you will find giving evidence and the stronger your testimony will appear to the...
[ Insert name and address of client ] Private and confidential Dear [ insert name ] [ Insert name ] Employment tribunal claim Outcome of claim I confirm that we have now obtained the tribunal judgment and the written reasons in this matter. I am glad to report that [ your claim has been successful OR the claimant’s claim has been dismissed ]. [ [ For successful respondent: ] Accordingly, unless the judgment is reconsidered or the claimant brings an appeal (see below), the proceedings concerning this claim will conclude and no remedy will be granted to the claimant. ] [ [ For successful claimant on liability only judgment: ] As your claim has succeeded, we must now determine the remedy to which you are entitled [ , including the level of financial compensation payable AND/ OR which declarations it is appropriate for the tribunal to make AND/ OR which...
[ Insert name and address of client ] Private and confidential Dear [ insert name ] [ Your OR [ insert name of other party ] ] employment tribunal claim Disclosure of documents In preparing for [ your employment tribunal claim OR the employment tribunal claim brought by [ insert name ] ], we will soon need to comply with the tribunal’s ‘disclosure’ and ‘inspection’ obligations. Below is a concise outline of what is required during this process, for your reference and information. What is disclosure and inspection? Disclosure means each party to the litigation reveals to the other parties any documents that are relevant to the issues in the case. This is typically done by the parties exchanging schedules or lists of documents they consider to be relevant to the case. Where there are only a small number of documents, the employment tribunal may direct that each party...
This precedent is now archived. For an alternative, see Precedent: Bringing an employment tribunal claim—client guide. [ Insert full name and address of client ] Private and confidential Dear [ insert full name ] Your [ potential ] employment tribunal claim against [ enter name ] Thank you for engaging this firm regarding your [ potential ] employment tribunal claim. [ Please kindly find our standard terms of business enclosed with this letter. ] Below, I outline the usual employment tribunal process and procedure that will apply if you choose to pursue your claim, as discussed [ at our meeting OR by telephone ]. Time limits and next steps [ As discussed, there OR There ] is a deadline by which you must bring your claim to the tribunal. [ Until we know the date on which you receive your early conciliation certificate, we cannot confirm the precise date by which your claim must be...
This Precedent has been archived. For another option, see Precedent: Giving evidence in the employment tribunal—client guide. [ Insert name and address of client ] Private and confidential Dear [ insert name ] Employment tribunal claim—preparation of your witness statement Further to [ our discussion on [ insert date ] OR my letter dated [ insert date ] ], I am writing regarding the preparation of your witness statement. Below is an outline of the process we will follow to draft your statement. I also provide guidance on giving evidence before a tribunal, if the matter proceeds to a hearing. Preparing your witness statement As discussed, I understand you can give evidence in this matter concerning [ insert an account of parts of the claim with which this witness can assist ]. Your witness statement is your opportunity to present all facts relevant to [ the claim OR the...
[ Insert name and address of client ] Private and confidential Dear [ insert name ] [ Insert name ] Employment tribunal claim Outcome of claim I can confirm receipt of the tribunal’s judgment together with its written reasons. Regrettably, the tribunal has determined the case against [ you OR the respondent ] on this occasion, [ insert brief summary of the tribunal’s findings, eg and has upheld the claimant’s unfair dismissal claim ]. I appreciate this will not be welcome news and, accordingly, I set out your options below. Next steps You have three options available to you at this stage. You may either: accept the tribunal’s decision [ and proceed to address remedy ]; apply to the tribunal for a reconsideration of its judgment; or appeal the judgment to the employment appeal tribunal ( EAT)......
1 Introduction This document provides a concise, high-level overview of office procedures. It does not cover all employment or health and safety policies. A complete set of policies is available [ Insert, eg on our intranet ]. 2 Office days and hours 2.1 Standard office days and hours are [ insert details of your office hours eg 09:00–17:30 Mondays to Fridays inclusive ]. 2.2 [ If you are a hybrid office worker, your office attendance should be recorded via the [ insert platform name, e.g. Office Space/ Outlook/ HR Portal ] in accordance with the firm’s hybrid working policy. ] 3 Office closure over bank holidays/public holidays 3.1 There are typically six fixed bank holidays each year, and the office will be closed on those dates. As these dates change annually, please ensure you check when they occur in each calendar...
This Deed, dated [ insert date ] 20[ insert year ], is entered into by the following parties: Parties [ Insert name of Chargor ], a company duly incorporated in England and Wales, bearing registered number [ insert company number ], and having its registered office situate at [ insert address ] (the Chargor); [ insert name of Lender ], whose address is [ insert address ] (the Lender). Recitals: The Lender has agreed to provide to the Chargor a loan facility on the terms and conditions set out in the Facility Agreement (as defined below). It is a condition precedent to the availability of that loan facility that the Chargor executes this Deed for the purpose of granting security in favour of the Lender in respect of the Secured Obligations (as defined below)......
1 General information Review date [ Insert date ] Person responsible for the review [ Insert name ] 2 Referral and fee sharing file audits carried out since last periodic review Populate the table using any referral and fee sharing file audit records completed since the last periodic review. Date of each audit Number of client files reviewed per audit [ Insert date of first audit ] – [ State how many client files were reviewed during the audit ] [ Insert date of second audit ] – [ State how many client files were reviewed during the audit ] [ Insert date of third audit ] – [ State how many client files were reviewed during the audit ] 3 [ Client spot checks carried out since last periodic review Complete the table for any client spot checks...
This Precedent: You should keep records and management information ( MI) to allow you to evidence that any sums paid for personal injury ( PI) referrals are lawful. MI typically takes the form of data or statistics that can be gathered and used to measure performance and identify trends. Most practices can extract data from their finance and document or case management systems. It can be exported to Excel. It shows a basic set of MI. You may wish to expand on it, depending on the complexity of your referral arrangements and the volume of referrals......
1 Background information Introducer/fee sharer name [ Insert name ] Financial and other particulars of the arrangement [ Insert financial and/or other terms ] Person accountable for managing the relationship with this introducer/fee sharer [ Insert name ] Person undertaking this due diligence exercise [ Insert name ] Date of the due diligence exercise [ Insert date ] 2 Personal injury compliance Will you be sent referrals for the purposes of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012) or under the SRA Glossary? Yes (proceed with the remainder of Section 2) No (move on to Section 3) Does the referral arrangement require you to make any payments (including sharing your fees) for the purposes of LASPO 2012, s 56? Yes No If yes, are those payments: ( A) for the...
Option 1: Payments made to independent claims management company Your case has been passed to us by [ insert name of introducer ], a claims management company. We are obliged to inform you that [ insert name of introducer ] has a financial interest in introducing you to us, as we make payments to [ insert name of introducer ] for [ advertising, running a call centre and assessing potential claims ]. The sum we pay is dependent on the actual cost of the advertising/marketing and is generally in the region of around £[ insert range ] for each prospective client referred to us. Our arrangements with [ insert name of introducer ] will not be allowed to compromise our commitment to: treat you fairly protect your best interests in all our dealings with you provide independent advice and prevent others from...
1 Background information Introducer/fee sharer's name [ Insert name ] Financial and alternative terms of the arrangement [ Insert financial and/or other terms ] Person accountable for managing the relationship with this introducer/fee sharer [ Insert name ] Individual carrying out this due diligence review [ Insert name ] Date the due diligence review was completed [ Insert date ] 2 Compliance issues Is a written agreement necessary?......
A: Introduction Date of monitoring review Person carrying out the review B: Consolidated data Periods: last [insert period] and last 12 months Suspected Accounts Rules breaches reported to the COFA Total breaches (serious and non‑serious) Serious breaches Reported to the SRA; if not same as “serious”, explain C: Data by compliance breach category Client money: non‑permitted use Client money: paid into office account Client money: wrongly withheld from client account Client account: incorrect withdrawal Client money: delay paying in Client money: not paid to client promptly/at all Client account: incorrect receipt Client account: other breach Interest policy breach Accounting records: office account Accounting records: client account Cheque/ Bacs: incorrect signatory Bill of costs: miscalculation Accountant’s report Office account breach ...
HM Land Registry Prescribed Clauses LR1. Date of the lease [ 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 [ existing title number[s] against which notes of matters mentioned in LR9, LR10, LR11 and LR13 are to be entered. ] LR3. Parties to this lease Landlord [ name of Landlord ] [ of OR incorporated in England and Wales, company registration number [ number ], whose registered office is at ] [ address ] Tenant [ name of Tenant ] [ of OR...
A: General information Monitoring review date [ insert date of monitoring review ] Individual responsible for the monitoring review [ insert name ] B: Consolidated data Criteria During the last [ insert period, eg month ]: [ insert number ]; Across the previous 12 months: [ insert number ] — suspected compliance breaches notified internally to the COLP During the last [ insert period, eg month ]: [ insert number ]; Across the previous 12 months: [ insert number ] — confirmed compliance breaches (serious and non-serious) During the last [ insert period, eg month ]: [ insert number ]; Across the previous 12 months: [ insert number ] — serious compliance breaches During the last [ insert period, eg month ]: [ insert number ]; Across the previous 12 months: [ insert number ] —...
Crane oversail licence Permitting a tower crane to be used in relation to the Works at [ insert ] This Deed is dated [ date ] and made between: Parties [ insert name of adjoining owner ] (company registration number [ insert ]), with its registered office at [ insert ] (' Adjoining Owner '); [ insert name of adjoining tenant ] (company registration number [ insert ]), whose registered office is at [ insert ] (' Adjoining Tenant '); [ insert name of contractor ] (company registration number [ insert ]), whose registered office is at [ insert ] (' Contractor '); and [ insert name of developer ] (company registration number [ insert ]), whose registered office is at [ insert ] (' Developer '). Recitals The Developer has appointed the Contractor to undertake and complete the Works at 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 ]...