Legal Precedents

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RISK & COMPLIANCE

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

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RISK & COMPLIANCE

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

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BANKING & FINANCE

[ 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 ]

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BANKING & FINANCE

[ 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

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PRECEDENTS

[ Insert in para 6.1 of response form ET3: ] It is [ accepted OR not accepted OR denied ] that the Claimant was engaged by the Respondent as a [ insert claimed job title, eg a receptionist ] from [ insert start date of employment ] up to [ his OR her OR their ] dismissal on [ insert end date of employment ]. It is also [ accepted OR denied ] that the Respondent is [ insert brief description of the nature of the Respondent, eg an internet service provider ]. The Respondent rejects any contention that the Claimant was unfairly dismissed [ and/or wrongfully dismissed ], as alleged or at all. [ The Contract of Employment ] [ It is [ accepted OR not accepted OR denied ] that the contract of employment contained a notice period of [...

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PRECEDENTS

[ Insert in para 8.3 or 9.1 of claim form ET1: ] The Claimant holds the role of assistant manager at the Respondent’s hotel located at [ insert address ]. The Claimant’s standard working hours run from [ enter time ] to [ enter time ] across a five-day week (including alternate weekends), together with any overtime his employers may reasonably require him to undertake......

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PRECEDENTS

[ Insert in para 8.2 of claim form ET1: ] 1 At [ insert date ] I did receive my pay along with a...

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PRECEDENTS

1 Purpose and scope 1.1 The Company is obliged, so far as is reasonably practicable, to safeguard the health, safety and welfare of employees whilst at work. It must likewise take all reasonable measures to ensure smoking does not occur in any area designated as smoke-free at all times in the workplace. This responsibility extends to all designated smoke-free zones and ensuring ongoing compliance. 1.2 Tobacco smoking harms the smoker’s health and can also impact others through second-hand smoke exposure. It can also adversely affect the Company’s operations owing to sickness-related absence. The Company also wishes to project a healthy and professional public image. Exposure to second-hand smoke can inconvenience colleagues and others nearby. Absence through ill health disrupts productivity and business performance. 1.3 Whilst vapes, e-cigarettes and other electronic nicotine delivery systems (collectively referred to as vapes) currently fall outside smoke-free law, the...

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PRECEDENTS

[ Insert in para 8.2 of claim form ET1: ] 1 I worked for [ insert name of employer ] for [ 6 ] years in the role of a [ software programmer ] between [ insert date ] and [ insert date ]. On [ insert date ] I was terminated without notice or pay in lieu of notice......

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PRECEDENTS

[ Insert in para 6.1 of response form ET3: ] It is [ accepted OR not accepted OR denied ] that the Claimant was engaged by the Respondent in the role of a [ insert job title, eg ‘lorry driver' ] between [ insert start date of employment ] and his dismissal on [ insert end date of employment ]. It is [ accepted OR not accepted OR denied ] that, at the time employment ended, the Claimant was [ insert number ] years old and was remunerated at £[ insert number ] per week (gross). [ The Claimant was in fact [ insert number ] years old ]. [ The Claimant was in fact paid £[ insert number ] per week (gross) ]......

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PRECEDENTS

Without prejudice & subject to contract Strictly private & confidential [ Type on employer's letterhead ] [ Insert name and address of employee ] [ Insert date ] Dear [ insert name of employee ] Re: [ insert name of employer ] (the Company) Please find enclosed a draft settlement agreement that outlines the Company’s proposals, put forward on a without prejudice basis, to [ resolving its dispute with you OR terminating your employment ] [ and generally settling all or any claims [ arising in connection with your employment, or its termination, ] which you have or may in the future have against the Company [ and against any......

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PRECEDENTS

This workforce Agreement is dated [ date ] Parties [ enter company name ] [ of OR whose registered office is at ] [ enter address ] company registration number [ enter number ] (the ‘ Employer'); and those Relevant Employees who execute this Agreement......

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PRECEDENTS

[ insert date ] Dear [ insert name ] Nominations are now formally closed for the selection of employee representatives. A ballot will now be held shortly to choose representatives......

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PRECEDENTS

[ Insert in para 8.2 of claim form ET1: ] 1 The Claimant's ethnic origin is [ Asian ] and the Respondent engages in the business of a motor garage at [ insert address ]......

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PRECEDENTS

[ Insert in para 6.1 of response form ET3: ] The Claimant’s entitlement to the remedies sought is denied, for the reasons as set out herein...

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[ To be typed on headed note paper of transferor or transferee ] [ Date ] [ Strictly private and confidential ] Dear [ insert name of employee ], [ If from transferor: ] We write to inform you that [ we intend to transfer our [ insert details ] business to [ insert name of transferee ] OR we plan to outsource our [ specify business function ] to [ insert name of transferee ] OR our contract for the provision of [ insert details ] services to [ insert name of client ] is drawing to a close and, upon its termination, those services will be carried out by [ insert name of new contractor/client ] ]......

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PRECEDENTS

To [ insert name of night worker ] The aim of this questionnaire is to confirm you are suitable for working during the night. All details you share will remain strictly confidential always. Do you have any of the following existing medical conditions?......

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PRECEDENTS

To: [ insert name of worker ] From: [ insert name of employer ] This notice informs you that, to comply with national minimum wage legislation, you will be regarded as working for a set period while performing [ insert brief description of piece produced or task performed, eg knitting jumpers, stuffing envelopes, delivering newspapers etc ] during the next and subsequent [ insert type of applicable pay reference period, eg days, weeks or months ]. To determine the length of time for which you will be treated as working, [ insert name of employer ] has [ conducted a test of OR estimated ] the typical speed at which [ its ] workers carrying out the same role work. The average hourly output rate for this job is [ insert number ] per hour. You will be paid at a rate of £[ insert amount ] per [...

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PRECEDENTS

[ Insert in para 6.1 of response form ET3: ] Paragraph 1 of the Grounds of Claim is accepted. The Claimant did notify the Respondent of her pregnancy as set out in paragraph 2 of the Grounds of Claim and, on [ insert date ], she began a period of absence. The medical certificate she supplied records the reason for that absence as [ insert details ]. It is also accepted that the Claimant did not receive a bonus on or around [ date ]. The respondent runs a bonus scheme which provides that, if an employee has given notice or is otherwise expected to be absent for three months within the 12 months after the date on which the bonus is due to be paid, then, subject to review by the remuneration committee, no bonus payment will be made......

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PRECEDENTS

Reasons for believing employee may not have had equality of terms I contend my terms are not on a par with my comparators. I hold the role of [ insert claimant’s job ] yet am paid less than comparators who are [ insert comparator’s job ]. At my workplace, other [ insert claimant’s job ] are almost entirely [ female OR male ]. The comparators, being [ insert comparators’ job ], are wholly [ male OR female ]. They are awarded productivity bonuses that are not given to [ insert claimant’s job ]. Alternatively, I serve as [ insert claimant’s job ]; my immediate predecessor was [ male OR female ], and I understand [ he OR she OR they ] received a superior remuneration package to mine, including...

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PRECEDENTS

[ Insert date ] [ Insert ] Employment Tribunal [ Insert address ] To the [ insert ] Employment Tribunal [ Insert name of case, eg X v Y ] Claim Reference: [ insert claim number ] Application for an order for the [ Claimant OR Respondent ] to provide additional information We represent the [ Claimant OR Respondent ] in the above matter herein......

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PRECEDENTS

This Agreement is entered into on [ insert date ] Parties 1 [ Insert name of employer ], with its registered office at [ insert address ], company registration number [ enter number ] (‘ Employer’); and 2 [ Insert name of worker ] of [ insert address ] (‘you’). Background ( A) The Employer employs you pursuant to your Contract. ( B) Under your Contract, the duties you perform constitute unmeasured work for the purposes of the National Minimum Wage Regulations. ( C) This Agreement is a daily average agreement as envisaged by Regulations 49 and 50 of the National Minimum Wage Regulations. ( D) You and the Employer acknowledge that Average Daily Hours are an approximation of Realistic Average Daily Hours......

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PRECEDENTS

[ On the employer’s letterhead ] [ Insert worker’s full name and address ] [ Insert date ] Dear [ insert name of worker ] You may already know that the Working Time Regulations 1998 place a cap on your working hours. Although the exact method for calculating this is complex, in terms your average working time is restricted to an average of 48 hours in a week. However, you may opt out of this limit if you wish to. [ You are normally expected to work more than 48 hours weekly and, unless you then agree to opt out of the cap, we would have to limit your hours to the maximum allowed by the Working Time Regulations 1998 ]......

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PRECEDENTS

To: [ insert name of employee ] From: [ insert name of employer ] Please sign below to confirm your consent to work between [ insert time ] [ am OR pm ] and [ insert time ] [ am OR pm ]. Sunday scheduling will be as follows: on the following Sundays: [ specify dates ] starting from [ insert date ] onwards. OR on selected Sundays from [ insert date ], according to a rota agreed from time to time. Your responsibilities will be [ [ specify ] OR identical to those performed on other working days ]. Payment for Sunday hours will be [ specify ]. All remaining employment terms and conditions are unchanged by this agreement. Signed: For and on behalf of [ insert name of employer ] I consent to Sunday work on the basis set out...

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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

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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...

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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 ...

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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 ]...

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