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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
Most recent Precedents
Leasehold Reform, Housing and Urban Development Act 1993, section 41(3) [ (a) OR (b) ] REQUEST FOR INFORMATION Concerning the premises described as: [ insert address of flat ] (the Flat) Addressed to [ insert name of freeholder or superior landlord ] [ incorporated in England and Wales with company registration number [ insert company registration number ] ] of [ insert address of freeholder or superior landlord ] Sent by [ insert name(s) of qualifying tenant(s) of the Flat ] of [ insert address ], being an address in England or Wales for the service of notices for the purposes of the Leasehold Reform, Housing and Urban Development Act 1993, Part I, Chapter II Please take notice that: 1 [ ......
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993, SECTION 20 NOTICE REQUIRING EVIDENCE OF TENANT’ S RIGHT TO PARTICIPATE In relation to the property described as [ insert address of property comprised in the tenant’s notice of claim ] (the Specified Premises) To: [ name and address of nominee purchaser ] Issued by: [ insert name and address of reversioner ] (the Reversioner) Take notice that: This notice is issued concerning a proposed collective enfranchisement of the Specified Premises under Chapter I of the Leasehold Reform, Housing and Urban Development Act 1993. Within 21 days of service of this notice you must, for each tenant identified below, deduce to the Reversioner the title to the lease by which it is asserted that the tenant is a qualifying tenant of a flat within the Specified Premises: [ insert details of tenant(s) ] Signed: [ insert name ] By, or on...
Conditional consent to assign WARNING: Use this precedent only for the most straightforward, low‑value cases; in most others the long‑form licence to assign—new tenancy—should be used. [ LANDLORD’ S LETTER HEADING] DATE: [ date ] Dear [ complete as appropriate ] — Re: [ licence OR consent ] to assign We consent to assignment of the Lease to [ name of assignee ] (the Assignee) on these conditions: Provide an authorised guarantee agreement in the attached form, executed as a deed by you [and the Tenant’s Guarantor]. Pay all rent and other sums due up to completion. The Assignee must give guarantees or security, reasonably acceptable to us, assuring payment (including increases) and compliance with the Lease. Complete within [3] months of this letter, otherwise our consent lapses. On completion, give the Assignee’s rent address; serve notice with a certified copy and pay a £[ amount ]...
Model Commercial Leases Over the years, several prominent property owners and trade associations have worked to craft plain- English, standardised versions of commercial leases. The Model Commercial Leases ( MCL) are a client-driven programme, first commissioned by the British Property Federation. Use the link on this page to view those Model Commercial Leases: Model Commercial Leases......
Date [ date ] Parties [ name of Licensor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at OR [ address ] ( Licensor) ] [ name of Licensee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at OR [ address ] ( Licensee) ] Definitions In this Licence, the terms below are to be interpreted as follows: [ Building — the Licensor’s property called [ description ] [ as recorded at HM Land Registry under title number [ number ] ]; ] [ Centre — the Licensor’s shopping centre known as [ name ] [ as recorded at HM Land Registry under title number [ number ] ]; ] Completion Date — the date on which the Lease is...
Notice to complete Under: Leasehold Reform ( Collective Enfranchisement and Lease Renewal) Regulations 1993, SI 1993/2407, Schedule 2 Paragraph 8 , and Leasehold Reform, Housing and Urban Development Act 1993 Flat: [ insert address and description of the property ] (the Flat) To: [ insert full name of the recipient (landlord or tenant) ] of [ insert address ] ([ Landlord OR Tenant ]) Given by: [ insert full name of person giving the notice (landlord or tenant) ] of [ insert address ] ([ Landlord OR Tenant ]) This notice follows a section 42 notice of claim in relation to the Flat dated [ insert date in its full format DD- Month- Year ] and a section 45 counter-notice dated [ insert date in its full format DD- Month- Year ] under that Act: The draft lease is [ approved OR deemed to have been approved ];...
DATE [ date ] Parties [ name of First Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( First Owner ) [ name of Second Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Second Owner ) [ [ name of First Owner’s Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( First Owner’s Mortgagee ) ] [ [ name of Second Owner’s Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Second Owner’s Mortgagee ) ] 1...
Date [ date ] Parties [ name of Seller ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] ( Seller ) [ name of Buyer ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] ( Buyer ) [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] ( Landlord ) 1 Definitions In this Deed, the terms below shall have the following meanings: [ Annual Rent – the yearly rent reserved by the Lease; ] Assigned Property – the part of the Property shown [ edged OR coloured OR hatched ] [ colour ] on the Plan; ...
date [ date ] Parties [ name of tenant who served notice of claim ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Seller ) [ name of buyer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Buyer ) BACKGROUND ( A) [ Under a contract dated [ date ] (the Contract ), the Seller undertook to dispose of the leasehold property described as Flat [ insert flat number ], [ insert address ] (the Flat ) to the Buyer for the remaining residue of the term of years granted by the lease identified in the Contract (the Lease ). ]......
Landlord and Tenant Act 1987, section 5B OFFER NOTICE To: [ [ name of tenant ] OR [ name of the qualifying tenant of flat [ insert flat number ] ] ] of [ address of flat ] PLEASE NOTE: THIS NOTICE SETS OUT IMPORTANT LEGAL RIGHTS FOR YOU AND OTHER QUALIFYING TENANTS UNDER THE LANDLORD AND TENANT ACT 1987 ( LTA 1987). YOU SHOULD SEEK IMMEDIATE LEGAL ADVICE ABOUT IT. We, [ name and address of landlord's agents ], acting for [ name and address of landlord or mortgagee exercising power of sale ] (the ' Landlord'), hereby notify you as follows: This notice is served pursuant to sections 5 and 5B of the LTA 1987 and concerns [ describe the building containing flats affected by the proposed disposal ] (the ' Building') within which the flat you rent is located. The Landlord holds [ the...
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 ] ( Guarantor) ] Definitions In this Licence, the terms below carry these definitions: [ Costs • covers any expenses, losses, damages and liabilities, whether or not arising from claims, demands, actions or proceedings; ] [ Effective Date • has the meaning given in clause 4.1; ] Lease • the lease of the...
Date [ date ] Parties [ name of Covenantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Covenantor) [ name of Covenantee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Covenantee) [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Mortgagee) ] 1 Definitions In this Deed, the terms below shall have the following meanings: Covenantee’s Land – the freehold land known as [ description ] [ being [ part of the land ] registered at HM Land Registry with title number [ title number ] ] [ as indicated [ edged OR coloured OR hatched ] [...
This Deed is executed on [ insert date and month ] 20[ insert year ] Parties [ Insert name of first party ] of [ insert address of first party ] (referred to as AB: [ insert first and last name of first party ]) [ Insert name of second party ] of [ insert address of second party ] (referred to as BC: [ insert first and last name of second party ]) Recitals The parties intend that this Deed shall have binding legal effect upon them, together with their respective personal representatives and estates. [ Both parties acknowledge they have had the benefit of independent legal advice regarding the terms and effects of this Deed OR [ AB OR BC ] has obtained independent legal advice concerning the terms and effects of this Deed and [ BC OR AB ] has been advised to do so ] . Each party has...
From : [ insert full previous name of the person executing the deed ] To : [ insert full new name of the person executing the deed ] This Deed of change of name is entered into on the [ insert date and month ] 20[ insert year ] by me, the undersigned [ insert full new name of the person executing the deed ], of [ insert full address of the person executing the deed ]......
[ In the High Court of Justice OR In the COUNTY COURT AT [ insert ] ] [ [ Specify division ] ] [ [ Specify Specialist court ] ] [ [ Insert location ] District Registry ] Claim No: Between [ A B ] Claimant and [ X Y ] Defendant Defence The numbering adopted in this Defence corresponds to the paragraphs in the Particulars of Claim dated [ insert date ]. The contents of paragraph 1 are admitted. The matters in paragraph 2 are denied. The Defendant rejects any allegation of negligence, whether as asserted in paragraph 5 of the Particulars of Claim or otherwise......
[ IN THE COUNTY COURT AT [ insert ] OR IN THE HIGH COURT OF JUSTICE ] [ [ SPECIFY DIVISION ] ] [ [ Specify Specialist court ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: Between [ A B ] Claimant and [ X Y ] Defendant COUNTER SCHEDULE OF LOSS The Defendant retains the right to vary, revise or supplement this counter schedule at any point up to and including trial. General damages Claim: To be assessed Defendant’s figure: To be assessed Defendant’s comments: — Loss of earnings Claim: £3,500.00 ...
In the County Court at [ insert ] or in the High Court of Justice [ Specify division ] [ Specify Specialist court ] [ INSERT LOCATION ] District Registry Claim No: Between [ A B ] ( Claimant) and [ X Y ] ( Defendant) COUNTER SCHEDULE OF LOSS The Defendant reserves the liberty to revise, adjust, or supplement this counter schedule at any time up to and including trial. 1 General Damages 1.1 The dates put forward by the Claimant are accepted. 1.2 The Defendant relies upon the opinion of Mr. T. Magnum, Consultant Spinal Surgeon, that the notable decline approximately 12 months after the accident was probably not attributable to it. If there was any acceleration, Mr Magnum’s view is that it did not exceed two years. 1.3 The Defendant’s position regarding the accident’s effect on the Claimant’s employment is set out in section 2 below. As for...
[ In the COUNTY COURT AT [ insert ] or in the High Court of Justice ] [ [ state division ] ] [ [ insert location ] District Registry ] Claim No: Between [ A. B. (a child) by C. D., Litigation Friend ] Claimant and [ X Y ] Defendant Particulars of claim The Claimant is a minor who was born on [ insert date of birth ] and is presently [ insert age ] years of age. This action is brought on their behalf by their [ parent, guardian, father, etc ], serving as Litigation Friend, [ insert Litigation Friend’s name ]......
[ At the County Court at [ INSERT ] or within the High Court of Justice ] [ [ specify division ] ] [ [ specify specialist court ] ] [ District Registry at [ INSERT LOCATION ] ] Claim No: Between [ A B ] Claimant and [ X Y ] Defendant SCHEDULE OF LOSS The Claimant retains the right to vary, revise or supplement this schedule at any point up to and including trial. BACKGROUND INFORMATION Date of birth: 11 July 1981 Date of accident: 21 March 2024 Date of schedule: 21 March 2025 Age at accident / schedule: 42 / 43 Vocation: Launderette Assistant Date Claimant ceased work: 29 October 2024 1 GENERAL DAMAGES 1.1 The Claimant relies upon the opinion of Mr M. Cornetto, Consultant Orthopaedic Surgeon, dated 13 December 2024. 1.2 The accident has accelerated the ordinary...
[ AT THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ SPECIFY DIVISION ] ] [ DISTRICT REGISTRY AT [ INSERT LOCATION ] ] Claim No: Between [ Insert name ] Claimant and [ Insert name ] Defendant ________________________________________________ SCHEDULE OF LOSS CALCULATED TO [ INSERT DATE OR INSERT THE DATE OF TRIAL ] ________________________________________________ Note On 2 December 2024, the Lord Chancellor declared that the discount rate would move to positive 0.5%. This positive 0.5% rate comes into effect on 11 January 2025. Schedule A1 to the Damages Act 1996 stipulates that later reviews are to occur within five years of the end of the preceding review, which means the next review must start on or before 2 December 2029. The Claimant reserves the ability to revise, amend, or supplement this schedule at any point up to and...
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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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