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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
ARCHIVED: This Precedent is archived and no longer maintained. You are applying to register [ insert details of property ] at HM Land Registry and, as part of that process, must fully reveal any overriding interests affecting the property. Overriding interests are rights over land that advantage third parties. These do not appear [ on the registered title OR in the title deeds ], yet they are enforceable against the owner of the land and their successors in title......
Landlord and Tenant Act 1987, section 5C offer notice To: [ [ name of tenant ] OR [ name of the qualifying tenant of flat [ insert flat number ] ] ] of [ address of flat ] Please note that this notice sets out important legal rights available to you and other qualifying tenants under the Landlord and Tenant Act 1987 ( LTA 1987), and you should obtain urgent legal advice in relation to it. We, [ name and address of landlord's agents ], acting on behalf of [ name and address of landlord or mortgagee exercising power of sale ] (the ' Landlord'), hereby give you notice as follows: This notice is served in accordance with LTA 1987, ss 5 and 5C, and concerns [ describe the building containing flats affected by the proposed disposal ] (the ' Building') in which the flat you occupy is...
Date [ date ] Parties [ name of (first) Seller ] [ and [ name of second Seller ] both ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( [ together ] Seller ) [ name of (first) Buyer ] [ and [ name of second Buyer ] both ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( [ together ] Buyer ) 1 Definitions For the purposes of this Agreement, the following expressions shall have the meanings set out below: Actual Completion Date: the day on which the Transfer is in fact completed; [ Buyer’s Solicitors: [ name ] of [ address ] reference [ details ]; ] [ Charge [ s ]: the charge [ s ]...
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 SECTION 92 NOTICE OF DEFAULT relating to the premises described as [ insert address of the tenant’s property ] (the Flat). Addressed to [ insert the landlord’s name OR the qualifying tenant’s name ] [ , incorporated in England and Wales, bearing company registration number [ insert......
Landlord’s counter-notice under section 45 of the Leasehold Reform, Housing and Urban Development Act 1993 (the 1993 Act) Flat: [ insert address and description of the Property ] To: [ insert full name of qualifying tenant ] of [ insert address ] (the Tenant) Issued by: [ insert full name of Landlord giving the counter-notice ] of [ insert address ] [ a company registered in England and Wales under number [ insert company registration number ] ] (the Landlord) The Landlord hereby serves this counter-notice in response to your notice......
LEASEHOLD REFORM ACT 1967 Leasehold Reform ( Enfranchisement and Extension) Regulations 1967, SI 1967/1879 REQUEST FOR DEPOSIT RE: [ insert address of the property comprised in tenant’s claim to acquire the freehold ] To: [ insert tenant’s name ] (the Tenant) of [ insert tenant’s address ] We, [ insert solicitors’ name ] of [ insert solicitors’ address ], acting as agents for and on behalf of [ insert full name of landlord ] [ of OR incorporated in......
LEASEHOLD REFORM ACT 1967 SECTION 9(3) NOTICE OF WITHDRAWAL Relating to the property described as [ insert address property comprised in the tenant’s notice of claim ] To: [ insert name of landlord ] of [ insert address of landlord ] We, [ insert name of solicitors ] of [ insert address of solicitors ], acting as agents for and on behalf of [ insert name of tenant ] of [ insert address of tenant ] (the Tenant), hereby notify you as follows: This notice follows the notice dated [ insert date of notice of tenant's claim ] asserting the right under the Leasehold Reform Act 1967 to purchase the freehold of the above property (the Property). [ Following agreement OR Following determination by the tribunal ] that £[ insert the sum agreed or determined as the price ] is the amount payable for the...
date [ date ] PARTIES [ name of Grantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Grantor ) [ name of Grantee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Grantee ) [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Mortgagee ) ] 1 Definitions Within this Deed, the terms below have the following meanings: Dominant Land • means the [ freehold OR leasehold OR land described as [ description ] [ registered at HM Land Registry under title number [ number ] ] [ depicted [ edged OR coloured OR hatched ] [...
To: [ insert full name of tenant or guarantor ] of [ insert address ] Important—the individual issuing this notice is safeguarding the entitlement to recover the amount(s) specified from you now or at some point in the future. There may be steps you can take to protect your position. Read this notice and all the notes overleaf carefully. If you are in any doubt about the action you should take, seek advice immediately, for example from a solicitor or a citizens advice bureau. This notice is served under section 17 of the Landlord and Tenant ( Covenants) Act 1995 (see Note 1). It concerns [ insert address and description of the property ] let under a lease dated [ insert date ] and entered into between [ insert full name of original landlord ] and [ insert full name of...
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993, SECTION 43 NOTIFICATION OF [ ASSIGNMENT OR DEATH ] OF TENANT in relation to premises described as [ insert address of tenant’s property ] (the Flat) Addressed to [ insert landlord’s name ] [ of OR incorporated in England and Wales with company registration number [ insert company registration number ] whose registered office is at ] [ insert landlord’s address ] Issued by [ insert name of assignee or personal representative ]......
COUNTER- NOTICE Leasehold Reform, Housing and Urban Development Act 1993, s 21 Concerning [ address ] (the Specified Premises) Addressed to [ name of nominee purchaser ] of [ insert address ] Sent by [ name of reversioner ] (the reversioner) of [ insert address ] PLEASE TAKE NOTICE THAT: The reversioner acknowledges that, as at the date the initial notice was served, the participating tenants were entitled to exercise the right to collective enfranchisement pursuant to the Leasehold Reform, Housing and Urban Development Act 1993 in respect of the Specified Premises......
Tenant's notice of claim under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 To: [ enter full name of Landlord ] of [ enter address ] [ incorporated in England and Wales with company registration number [ enter company registration number ] ] [ . OR and ] [ To: [ enter full name of any third party to the lease (eg guarantor or management company etc) ] of [ enter address ] [ incorporated in England and Wales with company registration number [ enter company registration number ] ] ......
Date [ date ] Parties [ name of first joint tenant ] of [ address ] [ name of second joint tenant ] of [ address ] (together, the Joint Tenants) background ( A) Under a [ conveyance OR transfer ] dated [ date ], between (1) [ name(s) of seller(s) ] and (2) the Joint Tenants, the property set out in the Schedule (the Property) was [ conveyed OR transferred ] to the Joint Tenants in fee simple as beneficial joint tenants......
LEASEHOLD REFORM ACT 1967 Leasehold Reform ( Enfranchisement and Extension) Regulations 1967, SI 1967/1879 REQUEST FOR A STATUTORY DECLARATION AS TO PARTICULARS OF OCCUPATION concerning the premises described as [ insert address property comprised in the tenant’s claim ] (the Property ) Addressed to: [ insert name of tenant ] (the Tenant ) of [ insert address of tenant ] We [ insert name of solicitors ] of [ insert address of solicitors ], acting as representatives for and on......
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......
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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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