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

Submitted on behalf of the Respondent/ Defendant [ insert initials and surname of deponent ] Affidavit number: [ insert the sequence of this affidavit for that deponent, e.g. first ] Exhibits: [ insert identifying initials and the number of each exhibit mentioned ] Date: [ insert date sworn or affirmed ] Claim No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY ] Between: [ insert name ] Applicant/ Claimant and [ insert name ] Respondent/ Defendant [ insert number of affidavit, e.g. FIRST ] AFFIDAVIT of [ insert full name of deponent ] [ On behalf of the Respondent/ Defendant ] I, [ insert full name of deponent ], [ [ insert job title ] at [ insert name of...

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PRECEDENTS

Enforcing an adjudicator’s decision We recognise that, after the Adjudicator issued their decision (the Decision), [ insert name of the responding party ] has declined to pay the sums the Adjudicator directed be paid to you. You have asked us to set out what steps you may take against [ insert name of the responding party ] to compel compliance with the Decision. While adjudicators’ decisions are binding as a matter of law, they do not carry the same standing as court judgments, and therefore cannot be executed in the same manner. Consequently, to require [ insert name of the responding party ] to honour the Decision, you will need to apply to the court. A number of court procedures are available to secure enforcement of adjudicators’ decisions. The approach most often...

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PRECEDENTS

IN THE HIGH COURT OF JUSTICE [ Chancery OR King’s Bench ] SENIOR COURT COSTS OFFICE [ insert location ] District Registry ] Claim Number [ insert claim number ] [ insert name ] Claimant and [ insert name ]......

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PRECEDENTS

This guidance explains how to: request the legal department to prepare a contract; forward third party contracts to the legal department for review. 1 Applicability: what is a contract? A contract is a legal document that outlines a formal agreement between two distinct people, companies, or groups. It creates obligations-both rights and duties-recognised or enforced by law. Within this, the term ‘contract’ covers: agreements, certificates, terms and conditions, supply agreements, employment terms, professional services agreements, legal clauses, comfort letters, confirmation letters, term sheets, statements of work, confidentiality agreements and non-disclosure agreements, deeds, leases, documents, forms, guarantees, licences, novations, offer sheets, waivers, warranties, writs, transfers, renewals, extensions, change notes, change control documents, variations, and all other forms of ‘small print’ that set out an agreement between [ insert name of organisation ] and one (or more) other party. Note that a ‘contract’ does not have to bear a...

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PRECEDENTS

1 Funds presently held subject to this trust and in need of investment shall be invested in...

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PRECEDENTS

CGT-a summary This guide provides an overview of capital gains tax ( CGT). In essence, CGT arises when an asset or property is disposed of and the proceeds exceed the original acquisition costs. The surplus is the gain subject to CGT, although various exemptions and reliefs may, depending on the circumstances, reduce or remove that chargeable amount. Disposal A disposal includes both a sale and a gift. For sales, the disposal proceeds are generally the sale price; however, specific rules can substitute the market value where the transaction is with a connected person. For gifts, the market value of the asset or property is treated as the disposal proceeds. If the sale price is below market value-so part sale and part gift-the market value may replace the actual proceeds, depending on the facts. Acquisition costs The acquisition costs will typically be the amount paid to purchase the asset or...

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PRECEDENTS

[ name of client ] [ insert address of client ] [ insert date ] Dear [ name of client ] Estate of [ name of deceased ] deceased Further to our discussion, the documents to declare the inheritance tax ( IHT) payable on the estate and to submit the application for the grant of [ probate OR letters of administration [ with Will annexed ] ] have now been completed. [ Thank you for your comments on the draft papers. ] Please find enclosed the following for your consideration and final approval: [ Updated ] Schedule of assets and ......

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PRECEDENTS

[ To appear on the employer’s headed paper or be issued as an email ] [ Date ] Dear [ insert name of employee ], Introducing [ insert name of employer ]’s new hybrid working policy Having gathered the views of staff and people managers via surveys and through consultation with you and your [ trade union ] representatives, I am pleased to confirm that the Company [ has opted to pilot OR is rolling out ] hybrid working in line with a new hybrid working policy. [ This pilot aims to evaluate whether hybrid working arrangements will OR Our hybrid working arrangements aim to ] deliver a better work/life balance, increase flexibility and job satisfaction, enhance productivity and performance, and help us make better use of our ‘physical’ time in the workplace. [ The hybrid working arrangements outlined in the policy are informal and will not result in any...

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PRECEDENTS

To the executors and trustees of my Will dated [ ......................................... OR of today’s date ] Under clause [ number of clause in Will dealing with chattels ], I bequeath free of tax all my personal chattels as defined in Section 55(1)(x) of the Administration of Estates Act 1925 [ (including chattels used solely or mainly for business purposes) ] not otherwise specifically dealt with by my......

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PRECEDENTS

Applications between EU Member State courts in civil or commercial cases for obtaining evidence are governed by Regulation ( EU) 2020/1783, the Taking of Evidence Regulation (recast). For assistance on the recast, see Practice Note: Taking of Evidence Regulation (recast). Request for the taking of evidence ( Article 5 of Regulation ( EU) 2020/1783 on co-operation between the courts of the Member States in the taking of evidence in civil or commercial matters ( Taking of Evidence Regulation (recast)). Reference No of the requesting court. Requesting court: Name Address: Street and No/ PO box; Place and postcode; Country Tel.; Fax; Email Requested court: Name ...

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PRECEDENTS

Company number: [ insert company number ] [ insert company name ] [ limited OR plc ] Minutes of a board of directors’ meeting (the Meeting) of [ insert company name ] [ Limited OR PLC ] (the Company) Held at: [ insert place of meeting ] Held on: [ insert day, month and year of meeting ] at [ insert time of meeting ] [ am OR pm ] Present: [ Insert names of the director(s) physically present ] [ [ Insert names of any directors present by telephone as permitted by the Company’s articles of association ] (by telephone) ] [ [ Insert names of any directors present by other means permitted by the Company’s articles of association ] (by [ insert other means ]) ] In attendance: [ [ Insert name of anyone in attendance, who does not count towards the quorum for the...

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PRECEDENTS

[ enter name of beneficiary ] [ enter address of beneficiary ] [ enter date ] Dear [ enter name of beneficiary ] The late [ insert name of deceased ] After my......

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PRECEDENTS

Agreement in relation to [ insert brief details of the works/project ] at [ insert address of works ] ( Incorporating, inter alia, the NEC4 Professional Services Contract 2017 with the January 2019 Amendments, October 2020 Amendments and January 2023 Amendments, as varied and augmented in the manner set out in this Agreement and in the Schedules appended hereto). This Agreement is dated the [ insert number ] day of [ insert month ] 20[ insert year ]. Parties [ insert name of the Client ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Client ] (‘the Client’); [ insert name of the Consultant ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Consultant ] (‘the...

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PRECEDENTS

This Agreement is entered into on [ date ] Parties [ insert name of Client ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Client); and [ insert name of Agency ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Agency) ( Each of the Agency and the Client is a party and together the Agency and the Client are the parties.) Background The Client carries on the business of [ insert description ]. The Agency is engaged in providing advertising services to other businesses. The parties agree that the Agency shall deliver...

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PRECEDENTS

1 General information Review period [ Insert review period ] Review date [ Insert date ] Individual(s) undertaking the review [ Insert name(s) ] 2 Complaints Total complaints received [ Insert number ] Complaints referred to the Legal Ombudsman ( Le O) [ Insert number ] Complaints resolved [ Insert number ] Observed trends/patterns [ Insert details ] 3 Indemnity claims Potential indemnity claims logged [ Insert number ] Potential claims reported to the professional indemnity insurer [ Insert number ] Open claims total [ Insert number ] Estimated global value of open claims [ Insert value ] Observed trends/patterns [ Insert details ] 4 File audit/review data Total file reviews completed [ Insert number ] Files requiring remedial action [ Insert number ] Noted...

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PRECEDENTS

This Agreement is hereby entered into on [ date ] Parties 1 [ Insert name of party ] [ of OR a company incorporated in [ England and Wales ] with number [ insert registered number ], whose registered office is at ] [ insert address ] ( Party A ); and 2 [ Insert name of party ] [ of OR a company incorporated in [ England and Wales ] with number [ insert registered number ], whose registered office is at ] [ insert address ] ( Party B ), each of Party A and Party B being a party and, together, Party A and Party B are the parties. BACKGROUND Party A carries on the business of [ insert description ]. Party B carries on the business of [ insert description ]. The parties seek to set out certain non-legally binding Heads of Terms in relation to the...

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PRECEDENTS

Date Parties [ insert name ] ( Company Registration No. [ insert number ]), having its registered office at [ insert address ] (the Assignor) [ insert name ] ( Company Registration No......

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PRECEDENTS

STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts of the legislation commencing on that day. Provisions of DUAA 2025 addressing issues such as dealing with data subject access requests, and conferring powers to make further regulations, began immediately on 19 June 2025, without any transitional period. Other sections, including notices issued by the Information Commissioner and selected elements of law enforcement processing, took effect accordingly on 19 August 2025 (two months after Royal Assent). For the most part, DUAA 2025’s measures will only commence once additional regulations, in the form of statutory instruments, are made to bring them into force. Parts 5 and 6 of DUAA 2025 introduce amendments to aspects of data protection and e Privacy law in the UK,...

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PRECEDENTS

[ Insert commercial sensitivity status, eg ‘ confidential ’, ‘ privileged and confidential ’, ‘ restricted ’, etc ] For internal use only: do not circulate externally. This document provides a concise overview of the principal terms of the contract for quick reference. Do not rely on it for commercial or legal decisions without first reviewing in full the underlying contract terms and seeking appropriate advice from [ insert contract owner or relevant team, eg Legal Department ]......

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PRECEDENTS

Dear [ insert name of authorised representative of the counter-party ], [ insert name of agreement ]: [ insert client name ] and [ insert counter-party name ] [ As you are aware, we OR We ] represent [ insert client name ] (our client). Our client and [ insert counter-party name ] ([ insert short name ]) are bound by a [ insert agreement name ] dated [ insert date ] (the Agreement). We are advised that [ insert counter-party short name ] is in breach of the Agreement by [ failing to ] [ insert description of breach ], in contravention of Clause [ insert number ]. [ Time is of the essence regarding the performance of [ insert counter-party short name ]’s obligations under Clause [ insert number ], pursuant to Clause [ insert number ].]......

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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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