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

ARCHIVED: THIS PRECEDENT IS BASED ON THE PART 36 PROVISIONS IN FORCE PRIOR TO 1 APRIL 2013. IT IS THEREFORE FOR HISTORICAL PURPOSES ONLY. [ insert name and address of defendant or defendant'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 connection with the above [ potential ] matter, in which we act for [ insert name of your client ]. [ Our client remains confident that it is entitled [ to the full damages sought ], however, because [ insert explanation as appropriate ], we are instructed to put forward an offer under Part 36 of the CPR (‘the Offer’). For clarity, the Offer is intended to attract the consequences set out in Part 36. OR Our client is keen to bring this matter to an...

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PRECEDENTS

Private & confidential [ insert name and address of addressee (client) ] Date: [ insert date ] ARCHIVED: This Precedent has been archived and is not maintained. Dear [ insert name of client—claimant ] [ insert case heading ] As discussed, I have received a settlement proposal described as a ' Part 36 offer' from [ insert name of defendant [ s ] ], and enclose a copy. This letter is intended to help you decide whether to accept the offer; therefore I have set out what a Part 36 offer is, what the defendant has proposed, and the implications of accepting or refusing this offer. Part 36 offer A Part 36 offer is an offer to settle. The term ' Part 36' comes from Part 36 of the Civil Procedure Rules, which govern this sort of settlement proposal. Such an offer can be made before...

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PRECEDENTS

Confidential and private [ insert name and address of expert ] [ insert date ] Dear [ insert name of expert ] [ insert case heading ] Instruction to act as expert Thank you for agreeing to serve as the expert witness in this case. As mentioned, I represent [ name of client ] who is [ bringing OR defending ] a claim against [ insert name of opposing party/parties ]. The discipline in which I require your expert opinion is [ insert area of expertise ]. This letter is intended to set out the factual context of the dispute, point you to the principal documents and outline the matters you will need to address. In your capacity as an expert witness, you will be expected to prepare an expert report, deal with any questions arising from that report and, where needed, engage in...

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PRECEDENTS

Filed on behalf of the Claimant Witness’s statement relating to [ insert initial and surname of witness ] Assigned witness statement number: [ insert the number of this statement in respect of the witness ] Exhibit particulars: [ insert initials and number for each exhibit referred to ] Date statement was finalised below: [ insert date ] [ Date of translation: [ insert date ] ] Claim No......

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PRECEDENTS

ARCHIVED: Private & confidential [ insert name and address of client ] [ insert date ] Dear [ insert name of client ] [ insert case heading/description of the case if pre-action ] Settlement offers ( Part 36 offer) We have been exploring the prospect of resolving this matter and the various avenues open to achieve that. [ You will recall that ] one such avenue was a Part 36 offer. The purpose of this letter is to outline, in greater depth, the possible benefits and drawbacks of making this type of offer. What is a Part 36 offer? A Part 36 offer is a written proposal put forward by a party with a view to settling the issues in dispute. The label ‘ Part 36’ is taken from Part 36 of the Civil Procedure Rules, which regulate this category of settlement proposal. It can address the entirety of the claim, a...

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PRECEDENTS

[ Date ] [ Insert claimant’s solicitors’ name ] [ reference ] [ address ] Dear [ insert organisation name ] [ Insert name of claimant ] v [ insert name of defendant ]— Claim No.: [ insert claim number ] We act for the Defendant in this matter and enclose an acknowledgement of service, already lodged with the court. By our calculation, the defence falls due on [ insert date ]. Kindly agree, pursuant to CPR 15.5, to extend the time for filing our client's defence to [ insert date ]. The extra time is required so we can properly investigate the allegations advanced in your client's claim. Agreement will also avoid unnecessary costs, as our client will not need to apply to the court for an order extending time. Please confirm your client's position regarding this request by [ return letter OR...

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PRECEDENTS

Filed on behalf of the [ claimant OR defendant ] Witness’s statement from [ insert initial and surname of witness ] Witness statement reference number: [ insert number of the statement given for this particular witness ] Exhibits referenced: [ insert initials and number of each exhibit mentioned herein ] Date on which the statement was completed: [ insert date ] [ Translation date: [ insert the date ] ] Claim number: [ insert claim number ]......

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PRECEDENTS

Introduction This handbook provides information you should understand about working for [ insert company name ] (the Company ), outlining essentials you need......

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PRECEDENTS

Stop press SI 2026/82, the Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, now brings into effect the outstanding elements of the Data ( Use and Access) Act 2025 ( DUAA 2025). Provisions concerning subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement take effect from 5 February 2026, while those addressing penalty notices and complaints take effect from 19 June 2026. For more information, refer to Practice Note: Data ( Use and Access) Act 2025—employment implications. This Precedent will be updated shortly to reflect these changes... Terms and Conditions 1 The Recruitment Services 1.1 The Agency identifies and provides Temporary Workers to undertake Assignments for Clients in accordance with a Client’s Work Specification (the Recruitment Services). 1.2 When delivering the Recruitment Services under this Agreement, the Agency acts at all...

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PRECEDENTS

General Modern slavery and human trafficking are worldwide offences that affect individuals and businesses across the globe. The threat to reputation and profit is genuine. Without the necessary checks or appropriate precautions, any organisation may become linked to exploitation or trafficking. This Precedent Anti-slavery policy helps you put in place effective systems and controls to detect and prevent slavery. It draws on recommendations from the following guidance: Home Office: Transparency in Supply Chains, etc- A practical guide British Standards Institute, BS 25700: 2022 Organisational responses to modern slavery guidance For further information about managing modern slavery and human trafficking risks, see Practice Notes: How to manage modern slavery and human trafficking risk, Modern slavery risk management guide, and How to prepare a slavery and human trafficking statement......

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PRECEDENTS

Drafting notes These model execution provisions are intended for a limited partnership entering into a simple contract, rather than a deed. Two alternative forms are provided for a contract executed: by an individual general partner, and on behalf of a corporate general partner Limited partnership The Limited Partnership Act 1907 ( Ireland) ( LPA 1907 ( IRL)) creates a partnership structure in which certain partners have limited liability for the firm’s debts, restricted to the amount of their contribution. The General Scheme of the Registration of Limited Partnerships and Business Names Bill 2024 ( Limited Partnerships Bill 2024), issued by the Department of Enterprise, Trade and Employment in 2024, would, if enacted, repeal and replace the LPA 1907 ( IRL). Limited partnerships registered under the LPA 1907 ( IRL) will be obliged to satisfy the new registration requirements within twelve months of...

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PRECEDENTS

The directors [ Insert name of company ] [( Company)] [ Insert address ] [ Insert date ] Any director who has, whether directly or indirectly, an interest in a proposed transaction or arrangement with the company of which they are a director must disclose to the other directors the nature and extent of that interest, in accordance with the Companies Act 2014 ( Ireland) ( CA 2014 ( IRL)), subject to certain exceptions. CA 2014 ( IRL) states that this disclosure should be made in one of the following ways: at a meeting of the directors, or by general notice This precedent general notice is intended for use by a director to inform the other directors of an interest in a proposed transaction or arrangement with the company......

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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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