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

Name Calls Contact number Add name (e.g. CEO or Senior Partner) or add name (e.g. Head of compliance or Head of legal) – enter number. Add name (e.g. CEO/ Senior Partner or Head of compliance/ Head of legal) linked to: Office manager, Risk manager, HR manager, Finance manager, Marketing/ PR manager, IT manager, Heads of departments, Other – enter number for each. For managers, list the related teams and numbers: Office manager – Postroom staff, Reception staff, Housekeeping staff, Library staff; Risk manager – Risk and compliance staff; HR manager – HR staff; Finance manager – Finance staff; Marketing/ PR manager – Marketing/ PR staff; IT manager – IT staff; Heads of departments – Staff within their department; Other – Other – number. ......

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PRECEDENTS

Our policy on conflicts, confidentiality and disclosure sets out our broad approach to when we may act where a conflict could arise. We also provide guidance for certain departments or different types of work. This guidance demonstrates how the policy might apply in various circumstances, though it is not meant to be comprehensive or inflexible. For each scenario described, we must decide whether a conflict is present and, if it is, whether we are able to proceed 1 Taking instructions out of normal office hours 1.1 When instructions are received outside standard office hours, we will undertake a conflict check at the earliest possible opportunity 2 Acting against clients we have defended 2.1 We will not represent a client in criminal proceedings and then act against them in related civil proceedings......

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PRECEDENTS

Content title [ Enter the content title ] Type of content [ Enter content type ] Writer [ Enter the author’s name ] Department...

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PRECEDENTS

1 Executive summary/introduction 1.1 This business plan arises from a sequence of conversations among the partners. Every partner is accountable for making sure their team backs the aims set out in the plan. 1.2 The plan will be assessed on a [ monthly ] cycle, and advancement against the objectives will be considered at partnership meetings. 1.3 Although the plan’s details are not shared beyond the [ partnership ], we ask [ partners ], where suitable, to talk through our priorities with their team members. 1.4 The plan focuses on delivering a limited set of key objectives over the coming year. [ These objectives are intended to help the firm further strengthen its position by diversifying into new areas of law. ] 1.5 Information on these objectives, and the means by which they will be...

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PRECEDENTS

Kindly click to obtain a Word copy of this chart you can edit...

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PRECEDENTS

1 Introduction 1.1 We conduct our businesses with integrity at all times. Everyone must act collectively to keep our operations free from bribery and corruption. This policy sits at the heart of that commitment and binds us all together. 1.2 Nearly all companies routinely offer some level of corporate hospitality to current or prospective business partners or clients. 1.3 Gifts and hospitality cover many practices, ranging from branded pens to chartered flights overseas, as well as lavish (and costly) meals and entertainment of value. We must make sure such hospitality does not slip in any way into bribery or corruption of any kind. 1.4 The difficulty is that the Bribery Act 2010 gives little explicit guidance on what is acceptable and what is not. As a result, understanding what you may do, and what you must avoid, can be...

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PRECEDENTS

A balance sheet provides a simple picture of the company’s financial position at any point in time, essentially showing what the business is worth...

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PRECEDENTS

Our Conflicts, confidentiality and disclosure policy Our Conflicts, confidentiality and disclosure policy defines our broad stance on when we may appropriately act where conflicts arise. We also provide guidance for [ each department OR different types of work ]. These materials show how the policy may operate across varied scenarios, yet they are not meant to be comprehensive or inflexible......

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PRECEDENTS

1 Preliminary data Assess information Reply Basis for assessment ( Please select every option that fits) ☐ Grievance ☐ Standard file check/review ☐ Fee earner enquiry ☐ AML inspection ☐ Alternative ([ add rationale ]) Does the client/matter pose high risk?......

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PRECEDENTS

A yearly or monthly budget for income and outgoings is useful only when actively tracked...

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PRECEDENTS

The monthly budget estimates the revenue entering the business and the monetary outgoings leaving each month, culminating in a forecast of net profit for the period......

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PRECEDENTS

Please click to open a Word copy of this chart you can amend...

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PRECEDENTS

A that you can edit is available. Insert the firm's name...

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PRECEDENTS

We conduct our business [ es ] with honesty. Everyone must collaborate to keep our business [ es ] remain [ s ] free from bribery and corruption at all times. This form is vital to that aim. See also [ insert, eg our Gifts and hospitality policy ] . Use this form in all instances where a gift or hospitality is offered or accepted without exception [ over the limit of £[ insert amount ] ] .......

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PRECEDENTS

While it may look very similar, a cashflow forecast is different to an income and expenditure budget overall...

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PRECEDENTS

1 Description of outsourced services [ Describe the type of service delivered, eg digital transcription for the private client team ] 2 Outsourcing supplier [ Specify the outsourcing provider to which this entry pertains ] 3 Audit team Name Role [ List the individuals within your organisation who participate in the audit activity, eg head of dept, head of IT, senior PA, head of HR ] [ Add details of each individual’s responsibilities ] 4 Method of audit Audit methodology Select all that apply: Details of audit ☐ Physical inspection [ Provide particulars, eg inspection date(s), and whether visits were announced or unannounced etc ] ☐ Review of documents [ Note which documents were examined, eg information security policies and procedures, staff vetting policy etc ] ☐ Staff interviews [ Record the personnel consulted, eg DPO, Head of IT, X number of frontline staff etc ] ☐ Other [...

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PRECEDENTS

Kindly please complete and email this form to the [ insert details of person nominated to receive risk reports ]. If you would like to make an anonymous report, you can. Simply leave your name off the ' Person making report' section of this form and submit it by a non-electronic method, eg internal post......

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PRECEDENTS

This Precedent covers an annual budget, supplied in a spreadsheet format. It is designed for use by law firms...

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PRECEDENTS

This CDD client risk assessment form is designed to capture risks recognised within the anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing ( CPF) regulatory framework, alongside guidance from the appropriate regulators and any further risks highlighted by our firm-wide risk assessment ( FWRA). It is reviewed routinely to address emerging threats and at scheduled intervals. When completing this assessment, you must consult the separate Explanatory notes, available at Appendix 1. 1 Client and instructions Please read section [ insert ] of the Explanatory notes and enter your responses below. 1.1 All clients Client name [ Insert name ] Client reference number [ Insert number ] Is the client new or existing?......

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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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