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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 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...
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.......
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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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