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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
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date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] ( Landlord ) [ name of First Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] ( First Tenant ) [ name of Second Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] ( Second Tenant ) 1 Definitions For the purposes of this Deed, the following terms are to be interpreted as set out below: Lease • a lease dated [ date ], made between (1) [ the Landlord OR [ name of original landlord ] ] and (2) [ the First Tenant and the Second Tenant OR [ name of...
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)...
The [ assignment OR transfer ] of the Property must contain the following: The Buyer covenants with the Seller that: during the Term the Buyer shall: make payment of: the [ yearly ] rent of £[ amount ]; [ and ] the [ yearly ] service charge of £[ amount ]; which [ is OR are...
3 Consent to Assignment The Landlord grants consent to the Assignment subject to this Licence; however, unless clause 3.3 applies, that consent will lapse and this Licence will end if completion has not occurred within [ 3 ] month[ s ] from and including today, save that the Landlord may, in its absolute discretion, extend that period... If the Assignment is not registered at HM Land Registry within [ 3 ] months after completion, the Landlord may, at its absolute discretion, notify the Tenant to terminate this Licence, which (subject to clause 3.3) will determine immediately upon service... Termination under clause 3.1 [ or clause 3.2 ] does not: (a) affect the Tenant’s liability under clause [ 6.1 of this Licence OR [ number ] of the Lease ]; (b) prejudice the Landlord’s rights regarding any earlier breach of this...
Leasehold Reform, Housing and Urban Development Act 1993, section 40 and Schedule 11, paragraph 7 NOTICE OF SEPARATE REPRESENTATION To [ name of competent landlord ] (the Competent Landlord) of [ address ], and to [ name of tenant ] (the Tenant of the Flat) of [ address ]. From [ insert name of the other landlord intending to act independently ], an ‘other landlord’ under section 40(4)(c) of the 1993 Act; service address ( England and Wales) for Part I, Chapter II: [ insert address ] (the Other Landlord). Re: Flat [ insert flat number ], [ insert address for the building of which the flat forms part ] (the Flat). Take notice that: This notice relates to the Flat and the section 45 counter-notice dated [ insert date ] given by or for the Competent Landlord. The Other Landlord intends separate...
date Parties FROM: [ Licensor’s name ] [ of, or incorporated in, England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Licensor ) TO: [ Licensee’s name ] [ of, or incorporated in, England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Licensee ) Interpretation: Within this licence, the expressions: [ ‘ I’, ‘me’ and ‘my' OR ‘ We’, ‘us’ and ‘our’ ] refer to the Licensor; ‘ You’ and ‘your’ refer to the Licensee......
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993, SECTION 11(3) TENANT’ S NOTICE REQUIRING INFORMATION FROM FREEHOLDER To: [freeholder’s name and address]; From: [qualifying tenant’s name and address] ( Tenant); Re: [building address] Building – the building containing the Flat, known as [building address]; Flat – Flat [flat address]; Qualifying Tenant – a tenant who is a “qualifying tenant of a flat” for Part I of the 1993 Act; Relevant Premises – [the Building OR the part of the Building you own freehold]. ( A) This Notice concerns a proposed collective enfranchisement under Chapter I of the 1993 Act. ( B) The Tenant is a qualifying tenant. You must, so far as known to you, give the Tenant the name and address of every person (other than the Tenant) who is: a...
COMMONHOLD AND LEASEHOLD REFORM ACT 2002 COUNTER- NOTICE Addressed to [ name and address ] ( See Note 1 below) [ I acknowledge that, on [ insert date on which the claim notice was given ], [ insert name of company by which the claim notice was given ] (“the company”) had the right to secure the management of the premises specified in the claim notice ]......
Commonhold and leasehold reform act 2002, section 166 Notice to long leaseholders of rent due To: [ insert name(s) of leaseholder(s) ] (note 1) This notice concerns [ insert address of premises to which the long lease applies ]. You are required to pay rent of £ [ insert amount ] by [ insert date ]. (note 2) This rent is due for the period [ state period ], as specified in this notice accordingly......
Notice before forfeiture To: [ insert full name of Tenant ] of [ insert address ] [ incorporated in England and Wales with company registration number [ insert company registration number ] ] or otherwise the Tenant of the Property......
1 Nothing within this [ deed OR transfer OR [ other appropriate term ] ] creates a building scheme or curtails the right of the [ Seller OR Transferor OR [ other appropriate term ] ] to amend, release or alter the covenants at any time applying to any part of the [ Seller’s Estate OR [ other appropriate term ] ]......
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 SECTION 54(3) NOTICE OF SUSPENSION OF RIGHT TO NEW LEASE relating to the premises specifically identified as [ insert address of tenant's property ] (the Flat) To [ insert name of tenant ] [ and [ insert name of tenant ] ] of [ insert address ] From [ insert landlord's name ] [ incorporated in England and Wales with company registration number [ insert company registration......
Date [ date ] Parties [ name of Licensor ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Licensor) [ name of Licensee ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Licensee) 1 Definitions In this Licence, the following meanings apply to these terms: [ Building • the Licensor’s premises called [ description ] [ recorded at HM Land Registry under title number [ number ] ] ; ] Business Day • any day [ except [ identify excepted days, eg ‘ Sunday’ or ‘any bank or public holiday’ ] ] when the [ Building OR Centre ] is open for trade; [ Centre • the...
Date [ date ] Parties [ name of first joint tenant ] of [ address ] [ name of second joint tenant ] of [ address ] (collectively known as the Trustees) background ( A) The Property set out in the Schedule ( Property) is held by the Trustees on trust for themselves as tenants in common in equal......
Date [ date ] Parties [ name of husband ] of [ address ] ( Husband) [ name of wife ] of [ address ] ( Wife) (together referred to as Joint Tenants) background By a transfer bearing the same date as this Deed, but executed beforehand, entered into by (1) [ name of seller ] ( Seller) and (2) the Joint Tenants, the property identified in the Schedule ( Property) was conveyed to the Joint Tenants free of incumbrances. Under a mortgage ( Mortgage) of the same date as this Deed, also completed earlier, the Joint Tenants created a charge over the Property in favour of [ name of lender ] ( Lender) to secure the sums payable to the Lender under the Mortgage......
Further Notice to former Tenant or Guarantor of Revised Amount due in Respect of a Fixed Charge ( Landlord and Tenant ( Covenants) Act 1995, section 17) To: [ insert full name of Tenant ] of [ insert address ] IMPORTANT— BY SENDING THIS NOTICE, THE ISSUER PRESERVES THE ENTITLEMENT TO CLAIM THE SUM( S) STATED FROM YOU NOW OR AT A LATER DATE. THERE MAY BE STEPS AVAILABLE TO SAFEGUARD YOUR POSITION. EXAMINE THIS NOTICE AND ANY NOTES ON THE REVERSE WITH CARE. IF YOU ARE UNSURE WHAT TO DO, OBTAIN PROMPT ADVICE, FOR EXAMPLE FROM A SOLICITOR OR THE CITIZENS ADVICE BUREAU. ACT QUICKLY TO PROTECT YOUR INTERESTS TODAY. 1 This notice is served under section 17 of the Landlord and Tenant ( Covenants) Act 1995......
Date and Parties Date, Licensor and Licensee details, including incorporation, registered office and company numbers, to be inserted. Definitions Car Park: as shown on the Plan. Lease, Legislation, Licence Fee, Licence Period, Permitted Hours, Plan, Regulations, Space(s), VAT, Working Day: as specified. Licence Non-exclusive right to park designated cars in the Space(s) and to use access routes in common with others, without obstruction. Licensee’s obligations Pay the Licence Fee (plus VAT) in advance; contribute rates/outgoings; observe Regulations. On expiry, clear and tidy the Space(s). Dealings Licence is personal or tied to the Lease; no sharing or assignment except as permitted. Breach, Indemnity, VAT and Interest Breaches to be remedied promptly; Licensor may step in at the Licensee’s cost. Licensee indemnifies the Licensor. VAT payable on sums; interest due on late payments. Termination, Liability and No Tenancy Ends on expiry or for material breach. Fees remain due to termination. Licensor not liable for others’ acts. No exclusive...
Rent review memorandum Landlord: [full name of Landlord] [of OR a company incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Tenant: [full name of Tenant] [of OR incorporated in England and Wales with company registration] ......
Date [ date ] Parties [ name of first joint tenant ] of [ address ] [ name of second joint tenant ] of [ address ] [ name of third joint tenant ] of [ address ] (together, the Joint Tenants) background Under [ a [ conveyance OR transfer ] dated [ date ] between (1) [ names of sellers/transferors ] and (2) the Joint Tenants OR a settlement dated [ date ] between [ parties ] OR an assent dated [ date ] between [ name(s) of personal representative(s) ] ] and the Joint Tenants [ and in the events which have happened ], the property described in the Schedule (the Property) is held by the Joint Tenants in fee simple as beneficial joint tenants. [ Up to the date of this Deed, the rents and profits of the...
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993, SECTION 13 TENANTS’ INITIAL NOTICE OF CLAIM relating to the property described as [ insert address of the property included in the tenant’s claim notice ] To: [ insert name and address of reversioner ] Given by: the participating qualifying tenants listed in Schedule 1 For this Notice, the following expressions shall have these meanings: 1993 Act • refers to the Leasehold Reform, Housing and Urban Development Act 1993 [ Other Property • refers to the freehold interest in the property described as [ insert description ] and, for identification purposes only, outlined [ blue ] on the Plan, the freehold of which is intended to be acquired pursuant to section 1(2)(a) of the 1993 Act ] Plan • denotes the plan appended to this Notice Premises • refers to the freehold interest in the...
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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 ]...
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