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

Grant letter to NS& I NS& ISunderland SR43 2SB [ enter date ] Dear NS& I, The late [ name of deceased ] NS& I number: [ NS& I number ] [ Premium Bond holder’s number: [ holder’s number or any premium bond number ]. ] Further to our correspondence dated [ date of last letter ], we confirm that a grant of representation has now been obtained in respect of the above estate......

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PRECEDENTS

This Deed is hereby executed on [ date ] Parties 1 [ insert name ] of [ insert address ] together with [ insert name ] of [ insert address ] (the Trustees) 2 [ insert name ] of [ insert address ] together with [ insert name ] of [ insert address ] (the Appointor) Background ( A) This deed is ancillary to: (i) a trust (the Trust) dated [ insert date ] and entered into by [ insert name ] with [ insert name ] and [ insert name ] (the Trust Deed); and (ii) the instruments and occurrences set out in the Schedule. ( B) The Trustees are the current Trustees of the Trust......

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PRECEDENTS

UPDATE: The CJRS ended on 30 September 2021. This Precedent has been archived and is no longer maintained. For further information on the extended CJRS, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [ Archived]. [ To be produced on the employer’s headed notepaper ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) Thank you for confirming, in reply to my letter dated [ date ], that you accept being placed on furlough under the Coronavirus Job Retention Scheme ( CJRS) and that you agree to the temporary variations to your contract of employment dated [ insert date ] ( Contract), together with your terms and conditions of employment. [ [ FULL- TIME OR PART- TIME EMPLOYEE WHOSE BASIC PAY DOES NOT VARY:] I am writing to confirm that the...

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PRECEDENTS

The [ Secretary OR Directors ] [ insert company name ] [ insert company address ] [ Insert date ] Dear [ [ insert name ] OR Company Secretary ] Re: [ insert company name ] [ Limited OR PLC ] (the Company) Consent to act as director I agree to serve as a director of the Company. This consent will remain effective until I withdraw it, or until I resign from the role of director. I also confirm that I am not disqualified from holding a directorship. Accordingly, I provide the following particulars to aid the Company in notifying the appropriate authorities regarding my appointment as director: [ Name and any former names ] [ Usual residential address ] [ Country, state or part of the United Kingdom in which you are normally resident ] [ Service address if applicable ] [ Business...

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PRECEDENTS

Divorce Dear [ insert client’s name ] I write to confirm receipt of the notice confirming entitlement to a decree nisi, and I enclose a copy for your records. As you will note, the court has scheduled the pronouncement of the decree nisi on [ insert date ] at [ insert time ]......

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PRECEDENTS

Ask for copies of your data You are entitled to request copies of the personal information we hold and process. This is your right of access, often referred to as a data subject access request, or ‘ DSAR’. We usually reply within one calendar month from the date we receive your request. At times we may need longer, or we may have to apply a reasonable fee to cover administrative costs; if that happens, we will let you know You do not have to use this form to obtain copies of your data; however, providing details of what you are seeking helps us respond completely and without delay. You can also use this form to request access to personal data for another person. In such circumstances, we will require confirmation that you have that individual’s authority to act and to request access to their...

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PRECEDENTS

This Agreement is entered into on [ date ] Parties [ [ insert name of company ] OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Organiser ) [ [ insert name of company ] OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Sponsor ) Each of the Organiser and the Sponsor is a party and, collectively, the Organiser and the Sponsor are the parties. BACKGROUND The Organiser is [ insert details of the nature of the business of the Organiser ] and is authorised to offer certain sponsorship, advertising and promotional rights to the Sponsor in relation to the Event (as defined below). The Sponsor is [ insert details of the...

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PRECEDENTS

As you may know, the Company is presently [ under investigation by the [ insert name of agency ] OR undertaking an internal investigation ] concerning [ insert allegations of fraud, bribery ]. [ External solicitors have been instructed to support the inquiry. ] This inquiry is strictly confidential, and we request that you preserve that confidentiality at all times and without exception. I ask that you attend a meeting with our legal team on [ insert date ] as scheduled. We consider that you may hold information that could aid our understanding of the facts connected to the issues under review and help clarify points further. Our wish to speak with you does not indicate that you are the subject of the investigation. Attending this meeting accords with your employment obligations, and we expect your full co‑operation in this respect. This letter sets out...

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PRECEDENTS

[ IN THE COUNTY COURT AT [ insert ] OR IN THE HIGH COURT ] Claim No: Parties: [ Insert name of Claimant ] Claimant and [ Insert name of Defendant NHS Trust ] Defendant PARTICULARS OF CLAIM This action arises from personal injuries sustained due to clinical negligence. At all material times: The Defendant owned, ran, operated and oversaw the E F Hospital (“the Hospital”) pursuant to the National Health Service Acts, and, through its employees, servants and agents, provided and delivered medical, specialist and other services to patients; The Claimant was and remained a patient of the Defendant. ......

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PRECEDENTS

Lodged on behalf of the [ insert party eg Claimant or Defendant ] Witness statement number: [ insert eg first ] Date: [ insert date ] [ Translation date: [ insert date ] ] Exhibits: [ insert number ] to [ insert number ] Claim No.: [ insert claim number ] IN THE [ COURT ] BETWEEN [ Insert claimant’s name ] Claimant AND [ Insert defendant’s name ] Defendant WITNESS STATEMENT OF [ NAME ] I, [ FULL NAME ] of [ ADDRESS ], state as follows: I provide this witness statement to support the [ claimant’s OR defendant’s ] request to inspect documents pursuant to CPR 31.3 and CPR 31.19(5)......

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PRECEDENTS

BEFORE THE [ COURT ] Claim number: [ insert claim number ] Between [ Insert claimant’s name ] ( Claimant) and [ Insert defendant’s name ] ( Defendant) DRAFT ORDER Upon hearing from [ Counsel for the Claimant ] and from [ Counsel for the Defendant ], the Court orders as follows: By no later than [ insert time and date ], the [ Claimant OR Defendant ] must either supply the [ Claimant’s OR Defendant’s ] solicitors with copies of, or enable the [ Claimant OR Defendant ] to inspect, the following documents or categories of documents: [ IDENTIFY THE DOCUMENTS WITH AS MUCH PRECISION AS POSSIBLE ] The [ Claimant OR Defendant ] shall pay the [ Claimant’s OR Defendant’s ] costs of, and arising from, this...

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PRECEDENTS

Claim No. [ insert claim number ]. [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ 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 Particulars of claim The Claimant holds the [ freehold ] title to [ set out nature of the interest in and the identifying details of the property in respect of which the right to light exists— Address/title number etc ] (the “ Property”). For identification purposes only, the extent of the Property is depicted on [ insert details of how the Property is shown on the plan ] appended hereto (“ Plan [ number of plan...

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PRECEDENTS

[ Insert date ] Dear [ insert name of addressee ] Register of People with Significant Control— Restrictions Notice Interests in [ LLP ] [ rights ] On [ Date ] we issued you with a notice under section [ 790D OR 790DA OR 790E OR 790EA ] of the Companies Act 2006 (the Act), obliging you to supply to us, in writing [ including by email to the address shown above ], within one calendar month, specified details regarding your interest (as that term is used in Part 21A of the Act), if any, in the [ rights ] of [ LLP ], or your knowledge of any person or legal entity that may possess such an interest......

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PRECEDENTS

To: The Directors[ insert company name ] Limited[ insert address of company ][ insert date ] Special notice: [ insert company name ] Limited (the Company). [ I OR We ], as the holder[s] of [ insert class of shares ] shares with a nominal value of [ insert value ] pence each in the Company’s capital, hereby give notice, in accordance with sections 312 and 515 of the Companies Act 2006, of [ my OR our ] intention to table the following ordinary resolution at the Company’s forthcoming general meeting: That [ insert name of auditor ] be [ appointed as ] the auditor of the Company until the close of the next period for appointing auditors; and that [ their remuneration be a fee of £[ insert figure ] OR the directors of the Company be authorised to determine their...

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PRECEDENTS

That: the [ insert name of company ] Company Share Option Plan (the Plan), as set out in the rules of the Plan made available before and during the meeting, the key terms of which are outlined in a circular to shareholders dated [ insert date ], is approved; and the directors are authorised to: take all actions necessary to adopt and bring the Plan into effect [ , and ] [ put in place further plans derived from the Plan, with suitable modifications, for use in any overseas jurisdictions to reflect local tax, exchange control or securities laws, provided that any ordinary shares made available under any such further plans are counted towards any limits on individual or overall participation in the Plan ]......

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PRECEDENTS

This Deed is made on [ insert date on which the deed is executed ] by [ insert name of the company granting the Awards ], whose registered office is at [ insert address of registered office ] ( Company ). Under this Deed, the Company grants Awards in accordance with [ insert the name of the plan pursuant to which the Awards are granted ] ( LTIP ) to the Eligible Employees, of the relevant type, at the Option Price (where applicable), and relating to the number of [ insert class of shares and nominal value of shares which are being granted under Award ] ( Shares ) as detailed and specified in Appendix 1 to this Deed......

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PRECEDENTS

Note: This model claimant Part 36 offer letter does not address CPR 36 rules that apply solely to fixed costs matters. For guidance on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023). Private & confidential [ Insert name and address of addressee ] [ Insert date ] Dear [ insert name of client—claimant ] [ Insert case heading ] As discussed, I have received a settlement proposal made under ‘ Part 36’ from [ insert name of defendant ], and I enclose a copy for your attention. This letter is intended to assist you in deciding whether to accept the proposal; accordingly, I outline what a Part 36 offer is, what the defendant has put forward, and the potential consequences of accepting or...

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PRECEDENTS

This Agreement is dated [ insert day and month ] 20[ insert year ]. Parties [ Insert name of selling corporate shareholder ], a company incorporated in [ England and Wales OR [ insert country of incorporation ] ], with company number [ insert company number ], having its registered office at [ insert address ] (the Seller); [ insert name of purchasing corporate entity ], a company incorporated in [ England and Wales OR [ insert country of incorporation ] ], with company number [ insert company number ], having its registered office at [ insert address ] (the Buyer); [ Insert name of guarantor entity ], a company incorporated in [ England and Wales OR [ insert country of incorporation ] ], with company number [ insert company number ], having its registered office at [ insert address ] (the...

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PRECEDENTS

This AGREEMENT is dated [ insert date ]. Parties [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] with registered number [ insert registered number ], whose registered office is at [ insert address ] ] ( Licensor); and [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] with registered number [ insert registered number ], whose registered office is at [ insert address ] ] ( Licensee). Each of the Licensor and the Licensee is a party, and together the Licensor and the Licensee are the parties. BACKGROUND: The Licensor holds all proprietary rights and interests in the Work. The Licensor has agreed to grant a licence to the Licensee, and the Licensee has agreed to take that licence on the terms set out in this...

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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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