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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
Filed on behalf of the defendant Witness statement of [ insert initial and surname of witness ] Statement number for this witness: [ insert number of witness statement in relation to the witness ] Exhibit particulars: [ insert initials and number of each exhibit referred to ] Date on which the statement was completed: [ insert date ] [ Translation date: [ insert date ] ] Claim number: [ insert claim number ] ......
Filed on behalf of the Defendant Witness statement by [ insert initial and surname of witness ] Statement number: [ insert number of witness statement in relation to the witness ] Exhibit particulars: [ insert initials and number of each exhibit referred to ] Date the statement was completed: [ insert date ] [ Date of translation: [ insert date ] ] Claim No. [ insert claim number ]......
ARCHIVED: This precedent is based on the part 36 provisions in force prior to 1 april 2013. It is therefore for historical purposes only. Private & confidential [ insert name and address of addressee ] [ insert date ] Dear [ insert name of client – Defendant ] [ insert case heading ] Further to our discussion [ insert when you had the discussion, ], I have now received a Part 36 offer to settle from [ insert name of claimant ], and enclose a copy. To assist your decision on whether to accept, I have outlined what a Part 36 offer involves, what the claimant proposes to you, and the potential outcomes of accepting or declining the offer. [ I am, of course, pleased to go over these points again if that would help. ] Please note that the court will not be informed of the existence or terms of this offer...
ARCHIVED: This precedent reflects the Part 36 provisions in effect before 1 April 2013 and is kept for historical reference only Private and confidential[insert client’s name and address][insert date] Dear [insert your client’s name] [insert the case heading/description of the case if pre-action] Settlement offers ( Part 36 offer) We have been assessing the scope for settlement in this matter and the various ways it might be achieved. You may recall that one such route is a Part 36 offer. This letter sets out, in greater detail, the potential benefits and drawbacks of making that type of offer. What is a Part 36 offer? A Part 36 offer is a written proposal made to the defendant to resolve the issues in dispute. It may relate to the entirety of the claim, a defined part of it, or particular points, allowing it to be shaped to suit the...
This Agreement is made on [ insert day ] of [ insert month ] 20[ insert year ] Parties [ Insert full legal name and residential address of the individual, or the company’s registered name, number, and registered office address ] ( Party A) [ Insert full legal name and residential address of the individual, or the company’s registered name, number, and registered office address ] ( Party B) Each is a ‘ Party’, and together they are the ‘ Parties’. The Parties hereby agree as follows: 1 Definitions and Interpretation Dispute – denotes any claim that stems from, or relates to, [ Insert description of the dispute/circumstances giving rise to the dispute ]. Proceedings – refers to litigation before the courts of England and Wales, and any arbitration connected to the Dispute. Period of Suspension – signifies the timeframe...
Filed on behalf of the Claimant Statement of evidence by [ insert initial and surname of witness ] Statement number: [ insert number of witness statement in relation to the witness ] Exhibits: [ insert initials and number of each exhibit referred to ] Statement date: [ insert date ] [ Translation completed on: [ insert date ] ] Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ insert location ] OR [ specify division ] [ specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST Between: [ insert name ] as Claimant and [ insert name ] as...
ARCHIVED: This precedent has been filed away and is no longer supported. Note: except where a defence was received before 1 April 2013, this precedent is for historical reference only......
[ insert name and address of client ] [ insert date ] Dear [ insert name of client ] [ insert case heading ] Further to our recent call about the above, I write to confirm the position. As mentioned, [ insert name of defendant’s solicitors ] have asked that you put up security for their client’s costs in this claim; I enclose a copy of their letter for your reference. This note sets out the principal points you should consider regarding that request, together with the consequences of not complying. It should equip you with enough detail to give me informed instructions, for and on behalf of [ insert name of client company ] (the Company), on how you wish to proceed. [ insert name of defendant ] requires a response to the security request by [ insert date ]. I have already requested an additional [ two weeks ], which I...
Submitted on behalf of the [ Claimant OR Defendant ] Witness statement of [ insert initial and surname of witness ] Statement number: [ insert number of witness statement in relation to the witness ] Exhibits relied upon: [ insert initials and number of each exhibit referred to ] Date of statement: [ insert date ] Claim No.: [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ insert location ] OR [ specify division ] [ specify specialist court ] [ insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] between: [ insert name ] Claimant and [ insert name ] Defendant and [ insert name ] Respondent ] [ NUMBER OF WITNESS...
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...
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...
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...
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......
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...
[ 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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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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