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
[ Insert date ] [ Insert ] Employment Tribunal [ Insert address ] To the [ insert ] Employment Tribunal [ Insert name of case, eg X v Y ] Claim Number: [ insert claim number ] Withdrawal of [ part of the ] claim We represent the Claimant in the matter referenced above. The Claimant intends to discontinue [ the whole OR part ] of their claim against the Respondent [ , namely to withdraw [ specify part of claim to be withdrawn, eg the claim of race discrimination only ] ] . [ [ The Claimant reserves their right to bring a further claim [ insert details of claim and reasons why this right is being reserved on withdrawal ] and accordingly asks the Tribunal not to dismiss [ the claim OR this part of the claim ] upon withdrawal. OR The Claimant raises no objection to the claim being...
[ To be typed on employer’s headed notepaper ] [ Insert date ] Dear [ insert name of employee ] Invitation to attend work for a 'keeping in touch' ( KIT) day I hope that all is well with you and your new arrival. You may remember that [ when we wrote to confirm specifics of your maternity leave OR before you commenced maternity leave ] we spoke about the option of you attending work from time to time to stay updated with what is happening at the workplace whilst you are on leave, i.e. 'keeping in touch' ( KIT) days......
[ Insert in para 8.2 of claim form ET1: ] 1 I worked for the Respondent as a textile operative for [ 12 months ], being paid £[ 300 ] for a 40-hour week. Throughout all of my service until [ insert date ], I routinely completed five hours a week of voluntary overtime paid at time and a half. ......
1 The Company allows staff to adopt flexible hours across the majority of departments and roles within the organisation. [ Exceptions are [ state any exceptions ]. ] Anyone seeking to use the flexitime scheme must submit a written request to [ enter details, eg the Human Resources department ] for consideration of their role under flexitime. No flexible hours may commence until a written confirmation amending their terms of employment to include flexitime has been issued. Flexitime is optional, and staff may keep to the fixed hours set out in their contract of employment......
[ Insert in para 6.1 of response form ET3: ] It is [ admitted OR denied ] that the Claimant’s dismissal arose from the reasons set out or alleged within the claim. [ In truth, the basis for his dismissal concerned the Claimant’s [ conduct OR capability OR redundancy OR [ insert other appropriate reason ] ], namely [ insert details of reason ]. OR The Respondent was compelled to dismiss the Claimant by pressure exerted by the [ insert name of trade union ], specifically by calling, or threatening to call, a strike [ insert details ]. Accordingly, the Respondent requests that the [ insert name of trade union ] be joined as a party to these proceedings, and that any compensation awarded to the Claimant be borne entirely by that union. ]......
Dear [ insert name of worker ] Enclosed with this correspondence is a ' Workforce Agreement' for your attention and careful review. This note outlines our reasons for proposing to enter into the agreement and clarifies its effect. The Working Time Regulations 1998 provide fundamental rules on maximum weekly hours, night work, rest periods and holidays, among other matters......
[ Insert in para 8.2 of claim form ET1: ] I am engaged by the Respondent as a [ mechanic ]...
1 Introduction 1.1 The Company conducts its affairs [ es ] with honesty. We must all act together to keep it free from bribery and corruption. This policy is central to that aim, and it binds us all: the board and every employee of the Company, for everyone at all times. 1.2 It addresses the giving or acceptance of gifts and hospitality, ensuring that any legitimate spending is properly recorded and does not unduly influence the final result of procurement, applications, or any other business dealings. 2 Offer and receipt of gifts and hospitality 2.1 The Company prohibits any officer or employee of the Company from requesting any gift or hospitality in the course of their employment, whether for themselves, for a third party, or on anyone’s behalf......
Date: [ insert date ] Dear [ insert name of employee ] I am contacting you in relation to your adoption leave and pay. As discussed, [ you are eligible for up to 52 weeks’ adoption leave OR you are not eligible for adoption leave ] . You have informed me that you intend your leave to commence on [ insert date ]. In view of that start date, your adoption leave will conclude on [ insert date ]......
Part A Statement of facts I began working for the company on [ insert date ], serving as Mr A’s personal assistant. On several occasions from around [ insert date ], Mr A directed sexually suggestive comments towards me. Specifically, he asked, ‘ Did you get any over the weekend?’ and ‘ You look glum, that boyfriend of yours not keeping you happy?’ and frequently remarked on my clothing and personal appearance. I made it plain that these comments were unwelcome. In particular, on or about [ insert date ], I stated that I did not wish to discuss my sex life or my appearance and asked that he interact with me in a more professional way. On or about [ insert date ], during my annual appraisal, Mr A called me into a meeting and advised that I had been...
Dear [ insert name of worker ] Working Time Regulations 1998 establish fundamental provisions covering areas like maximum working hours, night shifts, rest breaks and holidays. These Regulations allow us to adjust those fundamentals so they accommodate the needs and demands of our business. We apply this flexibility by entering into what is referred to as a workforce agreement in order to meet business requirements effectively......
[ Subject to contract ] Dear [ insert name of employee ] Following [ insert details, eg your successful interview on [ insert date ] ], we are delighted to offer you the role of [ insert job title ], with an initial salary of £[ enter amount ] per year. We suggest a commencement date of [ insert date ]... Full particulars of your terms and conditions of employment [ are included in the enclosed employment contract OR will be formalised in our standard contract of employment, which will be sent to you separately once this offer is accepted. Should any inconsistency arise between this offer letter and the contract, the contract will take precedence ]... [ Please [ also ] find enclosed your role profile setting out your key responsibilities. ]......
[ To be printed on the transferor’s letterheaded paper ] [ Date ] [ Strictly private and confidential ] Dear [ insert name of trade union official(s), employee representative(s), or affected employee ] [ As you know, we have been in discussions with a number of potential purchasers in relation to the [ identify business or part being transferred ] (the ‘ Business’). A buyer has now been identified, and I am writing to confirm our intention to transfer the Business to [ enter name of transferee ]. OR As you know, we have been engaging with several prospective service providers regarding the [ identify business or part being transferred ] (the ‘ Services’). A provider has now been selected, and I write to confirm that [ enter name of transferor ] proposes to outsource the Services to [ enter name of transferee ]. OR As you know, our...
[ Insert in para 6.1 of response form ET3: ] Example 1 1 It is accepted that [ the Second Respondent took on the contract to provide [ insert type of activity ] to [ insert name of entity for whom activity was carried out ] OR the First Respondent outsourced the task of [ insert type of activity ] to the Second Respondent OR the Second Respondent stopped requiring the First Respondent to perform [ insert type of activities ] and instead undertook those activities itself ]. However, it is denied that a relevant transfer occurred because the conditions in paragraph (3) of Regulation 3 of the Transfer of Undertakings ( Protection of Employment) Regulations 2006 were not fulfilled, as follows......
Insert in para 6.1 of response form ET3: 1 Paragraph 1 of the Grounds of Claim is hereby fully accepted. 2 It is also accepted and admitted that the Respondent’s permanent employees receive late duty allowances, whereas fixed-term employees do not, and that the Claimant’s manager set out and explained this situation to her. Withholding late duty allowances from fixed-term employees is objectively justified on the basis that the contractual terms for fixed-term employees are at least as favourable as those for permanent employees. In particular, the contracts of fixed-term administrative assistants set a higher basic hourly rate of pay than the contracts for permanent administrative assistants......
I, [ insert name ], hereby put forward [ insert name of nominee ] to act as the employee representative [ for the [ insert name of constituency ] constituency ] at the [ insert name of office or site ]......
This Workforce Agreement is dated [ date ] Parties [ Insert name of company ], [ of OR whose registered office is at ] [ insert address ], company registration number [ enter number ] (the ' Employer'); The Workforce Representatives. Background: This Agreement covers Relevant Employees; The Workforce Representatives were duly elected to act for the Relevant Employees; The Employer and the Workforce Representatives are entering this Agreement for the purposes of the Regulations, and to amend or exclude the application of the Regulations in relation to [ enter summary of ambit of agreement ]; This Agreement takes effect from the Start Date, subject to the signature conditions set out in clause 2 being satisfied; Before the Sign-up Date, the Employer provided all Relevant Employees with copies of the text of this Agreement and a summary...
[ Insert in para 6.1 of response form ET3: ] Paragraph 1 within the Grounds of Claim is hereby accepted. It is accepted that the Claimant's contract contained terms, as detailed and specified at paragraph 2 of the Grounds of Claim, as above. Paragraph 3 within the Grounds of Claim is hereby accepted......
Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) Following the disciplinary hearing on [ insert date ] [ , where you were accompanied by [ insert name ] ], I write to [ inform you of OR confirm ] a [ final ] written warning under the company’s [ dismissal and disciplinary procedure ]. This warning will be kept on file and will expire [ insert number ] months from this letter, on [ insert date ], subject to satisfactory conduct [ and no further disciplinary issues in that period ]. Review: [ insert date ]. Conduct of concern: [ insert details ]. Required improvement[s]/timescale: [ insert details ]. Further misconduct may lead to [ a final written warning OR dismissal OR [ insert other possible outcome ] ]. Appeals under [ dismissal and disciplinary procedure ] must be in writing, state your...
[ Insert in para 6.1 of response form ET3: ] 1 The Respondent disputes that it is responsible to the Claimant as asserted, or at all, and maintains that: 1.1 The Claimant has no entitlement to a guarantee payment in respect of the days claimed because the Respondent’s failure to supply him with work resulted from a [ strike OR lock-out OR industrial action ] [ insert details ]. 1.2 On [ insert date ] the Respondent offered the Claimant suitable alternative work [ specify ] for the workless days concerned, but the Claimant unreasonably refused to accept it. 1.3 The Respondent paid the Claimant contractual remuneration of £[ insert amount ] a day in respect of the days in question, which [ wholly OR partly ] satisfies its liability to pay him a guarantee payment, for the avoidance of...
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 ]...