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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
Add the proceedings heading, identifying the court and, where applicable, the division in which the claim is to be issued, with full names of all parties and their designations as Claimant or Defendant respectively. Within the tramlines, place the words ‘ Schedule of Loss’......
In the COUNTY COURT AT [ insert ] OR in the High Court of Justice [ Specify division ] [ Insert location ] District Registry Claim No: Between [ Insert name ] Claimant and [ Insert name ] First Defendant Second Defendant Particulars of claim At all material times, the Claimant was employed as a [ insert job title eg Delivery Driver ] by [ insert employer’s name eg Plant Hire Limited ]. Whilst performing [ his OR her ] duties on [ insert date of accident ], [ he OR she ] was tasked with delivering a power float (‘the float’) to the First Defendant’s premises at [ insert address ]. On the Claimant’s arrival at the premises, the First Defendant informed the Claimant that he planned to remove the float from the lorry using a JCB. The First Defendant further stated that various people on site would assist with this...
At the County Court at [ INSERT ] or in the High Court of Justice [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION ] District Registry ] Claim No: [ Insert claim number ] Between [ Insert name and details of the Claimant ] — Claimant and [ Insert name and details of the Defendant ] — Defendant Defence Save as otherwise indicated, the paragraph numbering in this Defence corresponds to the numbering in the Particulars of Claim dated [ insert date ]. The matters set out at paragraphs 2 and 3 of the Particulars of Claim are admitted. In relation to paragraphs 4 to 6, the Defendant will contend as follows: [ Insert the account of the incident the Defendant will rely upon, e.g.: On the evening of 12 June...
[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ IDENTIFY DIVISION ] ] [ [ IDENTIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: BETWEEN [ A B ] Claimant and [ X Y ] Defendant SCHEDULE OF LOSS The Claimant retains the entitlement to vary, revise or supplement this schedule at any time up to and including trial. General damages: To be assessed Loss of earnings: The Claimant’s weekly net pay before the accident was £350 per week......
[ 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 of Loss at any time up to and including the trial. PAST LOSSES 1 Previous loss of earnings (i) Loss of earnings to [ insert date eg 26 February 2019 ] are accepted in the pleaded claim at £[ insert amount ]. (ii)–(iii) Loss for the period [ insert date eg 26 February 2019 ] to [ insert date eg 25 August 2019 ] is not admitted. As a matter of principle, the Defendant accepts that it may take time to...
Filed on behalf of the [ enter party e.g. [ Claimant OR Appellant ] or [ Defendant OR Respondents ] ] Statement of witness number: [ enter e.g. first ] Date: [ enter date ] [ the translation date: [ enter date ] ] Exhibits: [ enter number ] to [ enter number ] [ Claim No.......
PRIVATE & CONFIDENTIAL [ Insert name and address of client ] [ Insert date ] Dear [ Insert name of client ] [ insert case heading ] As you will recall, we have agreed with [ insert name of the other party/parties ] to pursue mediation of [ the above dispute OR your claim ]. This correspondence outlines what you should expect to occur at the mediation, which is due to take place on [ insert date ] at [ insert location ]. It also explains the steps we now need to take to get ready for the mediation......
Filed on behalf of the Defendant Witness statement of [ insert initial and surname of witness ] Statement number: [ insert number of witness statement in relation to the witness ] Exhibits referenced: [ insert initials and number of each exhibit referred to ] Statement date: [ insert date ] [ Translation date: [ insert date ] ] Claim number: [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST Between the parties: [ insert name ] as Claimant/ Respondent and [ insert name ] as Defendant/ Applicant [ NUMBER OF WITNESS...
ARCHIVED: [ insert name and address of claimant’s legal representative ] [ insert date ] Without prejudice save as to costs Dear [ insert organisation name ] [ Pre-action ] Part 36 offer [ Claimant v Defendant[ — Case number ] ] We write in relation to the above [ potential ] matter, in which we represent [ insert name of your client ]. [ Our client is satisfied that your client’s claim cannot be sustained OR Our client wishes to resolve this issue amicably OR Our client recognises the requirements of the Civil Procedure Rules for parties to seek to settle their disputes ], and we are instructed to advance an offer pursuant to Part 36 of the CPR ('the Offer'). For the avoidance of doubt, the Offer is made with the intention that the consequences set out in Section I of Part 36 shall...
Private & confidential [ insert name and address of expert ][ insert date ] Dear [ insert name of expert ] [ insert case heading ] Instruction to act as single joint expert Thank you for confirming your appointment as the expert witness in this matter. You will be instructed as a single joint expert. We act for [ insert name of client ], who is [ bringing OR defending ] a claim against [ insert name of opposing party/parties ]. This correspondence has been countersigned by the solicitors for [ insert name of party/parties ] to confirm their agreement to the terms set out in this letter. The purpose of this instruction is to supply the factual context of the dispute, refer you to the principal documents, and set out the issues for your consideration, as outlined below: The factual background to the dispute The key...
Filed on behalf of the [ Claimant OR Defendant ] Witness’s statement of [ enter full initial and surname of witness ] Statement number for the witness: [ enter applicable number of the witness’s statement ] Exhibit particulars: [ enter initials and the number of each relevant exhibit cited ] Date the statement was made: [ enter exact date ] [ Translation date: [ enter exact date ] ] Claim number: [ enter full claim number ]......
Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST before [ The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge ] [ insert name ] dated: [ insert date ] between: [ insert name ] Applicant and [ insert name ] Respondent [ The Claimant and Defendant in an Intended Action ] [ Draft ] order PENAL NOTICE [ By this Order, [ insert name of respondent(s) ] are restrained from undertaking the acts described below. Should [ insert name of...
Witness statement of [ insert name ] of [ insert company name ] Lodged on behalf of the Applicant/ [ Intended Claimant OR Intended Defendant ] Witness statement number: [ insert number ] Dated: [ insert date ] [ Translation date: [ insert date ] ] Exhibits numbered: [ insert number ] to [ insert number ] Claim No. [ insert claim number ]......
[ On your firm’s letterhead ] [ Add the name and address of the claimant’s solicitors, including any reference and the responsible lawyer if named in the letter of claim ] [ Insert date ] [ Insert your reference ] Dear [ insert organisation name ] [ Insert heading ] We represent [ insert name of the client/defendant ]. We confirm receipt of your letter of claim dated [ insert date ], sent on behalf of [ [ insert name of their client/the claimant ] OR your client ]. [ Our client is presently receiving our advice on this matter. We expect to deliver a substantive reply to your letter by [ insert date ]. OR The particulars of your client’s claim have been forwarded to our client’s insurers, namely [ insert name of insurers ], for their consideration. We anticipate you will receive a substantive response to the letter of claim by [...
Without prejudice save in respect of costs [ Insert name and address of other party's solicitors ] [ Insert date ] Dear [ insert organisation name ] [ Insert case heading ] — Mediation Notice Our respective clients were unable to settle the dispute through [ informal ] negotiations [ between their respective senior executives ]......
ARCHIVED : This Precedent has been archived and is not maintained. For guidance on preparing witness statements in interim applications, see Practice Note: How to draft a witness statement for an interim application. For guidance on strike out applications, see Practice Note: Strike out—making an application to strike out a statement of case......
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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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