Legal Precedents

Template forms and clause banks help you stay aligned with current best practice and the latest law
 law
GET A TRIAL

Featured documents

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

Read More Right Arrow
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

Read More Right Arrow
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 ]

Read More Right Arrow
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

Read More Right Arrow

Most recent Precedents

Clear all filter
PRECEDENTS

APPLICATION NOTICE Form IAA pursuant to Rule 1.35 of the Insolvency ( England and Wales) Rules 2016 Court Reference No. [ insert number ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION [ insert location ] DISTRICT REGISTRY OR IN THE COUNTY COURT AT [ insert location ] ] IN THE MATTER OF [ insert company name ] AND IN THE MATTER OF SECTION 216 OF THE INSOLVENCY ACT 1986 Between [ insert name ] ( Applicant) and [ insert name ] ( Respondent) 1 This application is brought under section 216 of the Insolvency Act 1986......

Read More Right Arrow
PRECEDENTS

Notice to terminate lease To: [ name of Landlord ] ( Landlord) of [ address ] From: [ name of Tenant ] ( Tenant) of [ address ] Re: Lease dated [ date ] entered into between (1) [ the Landlord OR [ name of original landlord ] ] and (2) [ the Tenant OR [ name of original tenant ] ] (the Lease) relating to [ description of property ] (the Property) Pursuant to clause [ number of break clause in the Lease ] of the Lease, [ I OR the Tenant ] hereby serves notice to bring the term granted by the Lease to an end on [ [ date ] OR [ repeat wording of the lease, eg 'the expiry of the fifth year of the Term' ] ] and on that date [ I OR the Tenant ] shall...

Read More Right Arrow
PRECEDENTS

Leasehold Reform, Housing and Urban Development Act 1993, section 41(1) [ (a) OR (b) ] REQUEST FOR INFORMATION Relating to the premises described as follows: [ insert address of flat ] (the Flat); formally addressed to [ insert name of immediate landlord or receiver of rent ] [ incorporated in England and Wales with company registration number [ insert company registration number ] ] of [ insert address of immediate landlord or receiver of rent ]; and issued by [ insert name(s) of qualifying tenant(s) of the Flat ] of [ insert address ], being an address in England or Wales designated for the service of notices for the purpose of Leasehold Reform, Housing and Urban Development, as set out herein......

Read More Right Arrow
PRECEDENTS

ARCHIVED : This Precedent is archived and no longer updated. For guidance on preparing witness statements in interim applications, see Practice Note: How to draft a witness statement for an interim application. For guidance on strike out applications, see Practice Note: Strike out—making an application to strike out a statement of case. Submitted on behalf of the [ Claimant OR Defendant ] Witness statement of [ insert initial and surname of witness ] 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 made: [ insert date ] [ Date of translation: [ insert date ] ] Claim No. [ insert claim number ]......

Read More Right Arrow
PRECEDENTS

We are dedicated to delivering a first-rate legal service. We recognise we may not always be perfect, so if anything has gone amiss, including concerning our fees, please let us know. Your feedback enables us to enhance the quality of our service and standards for future clients. How do I make a complaint? You may reach us in writing (by letter or email) or by telephone. At first, it can be useful to speak with the individual handling your case about your concerns, and we will make every effort to sort out any problems. If you do not feel able to raise your concerns with them, please contact the person directly responsible for the overall supervision of your matter, who is named in the client care letter that we previously sent to you at the very beginning of your matter......

Read More Right Arrow
PRECEDENTS

Dear [ Insert client’s name ] [ Insert heading, eg matter description ] Thank you for asking us to represent you in relation to [ describe matter ]. This Engagement Letter, together with the enclosed Terms of Business, sets out the terms on which we will act for you; taken together they constitute our contract. Please let me know if you find any part of this Engagement Letter or any other information difficult to understand—for example, if anything is unclear or you need it in larger print, an alternative format, or another language. 1 Contact details and supervision Your matter will be handled by [ insert name of person handling matter ], who is a [ insert status ]. Their contact details are: Telephone number: [ Insert telephone number ] Email address: [ Insert email address ] Postal address: [ Insert postal address ] The...

Read More Right Arrow
PRECEDENTS

1 Introduction This accounts manual outlines our accounting processes and controls for fee earners and other non-finance colleagues. A separate, more detailed accounts manual is available for the Finance team. Responsibility for this manual rests with the [ Head of Finance OR COFA ]. 2 Basic principles We must protect money and assets entrusted to the firm by clients and others. We must at all times comply with the SRA Accounts Rules (the Accounts Rules). Unless the Accounts Rules state otherwise, we must: keep client money separate from the firm’s money; hold client money safely in a client bank account; withdraw client money from a client account only as permitted by the Accounts Rules; not operate banking facilities through a client account; and pay a fair amount of interest on any client money the firm holds. 3 Accounts...

Read More Right Arrow
PRECEDENTS

This conflicts and confidentiality decision tree guides you through the conflicts and confidentiality duties in the SRA Standards and Regulations, enabling you to decide whether we may act on a particular matter and what steps you must take to accept instructions. It addresses the SRA’s regulatory obligations relating to confidential information held for current or former clients. It does not consider confidentiality duties owed to non-clients, e.g. under a confidentiality agreement with a third party. For further details on conflicts of interest and confidentiality, please see our Conflicts, confidentiality and disclosure policy. Click below to view or print the full-size PDF version: Note 1—prohibition on acting in an own interest conflict situation An own interest conflict arises where a conflict (or a significant risk of one) exists between: the personal or commercial interests of the firm or a member of our staff; our duty to act in...

Read More Right Arrow
PRECEDENTS

The following table sets out a variety of conflict and confidentiality scenarios we might encounter. It is intended to guide decisions on whether we may act and, if so, which measures we should adopt. It mirrors the obligations in the SRA Code of Conduct for Solicitors, RELs and RFLs ( Code for Solicitors) and the SRA Code of Conduct for Firms ( Code for Firms) regarding conflicts of interest and the protection of confidential information belonging to current or former clients. It does not cover clashes with the firm’s commercial interests or duties of confidentiality owed to non-clients, eg under a confidentiality agreement with a third party. When we evaluate a potential conflict or confidentiality concern, one end of the spectrum is that we cannot act at all, and at the other there are no conflict or...

Read More Right Arrow
PRECEDENTS

STOP PRESS: A major overhaul of the UK listing framework became effective on 29 July 2024, eliminating the premium and standard listing segments and introducing a single listing category for equity shares issued by commercial companies, replacing the prior segmentation approach across the listing regime. This commercial companies category relies strongly on disclosure and sits alongside other categories, including those for shell companies, secondary listing and closed-ended investment funds. To deliver these reforms, a new UK Listing Rules sourcebook took effect and the former Listing Rules sourcebook was withdrawn. For more detail, see Practice Note: Reform of the UK listing regime—fundamentals. This Precedent represents the position under the listing regime as it stood before 29 July 2024......

Read More Right Arrow
PRECEDENTS

1 Amount of interest We will credit a reasonable amount of interest to clients or third parties on any client funds we are holding for them. 2 Circumstances in which interest will not be paid We will not pay interest: 2.1 on funds we are directed to keep outside of a client account in a manner that earns no interest, eg cash held in our safe; 2.2 where the amount of interest, as assessed under this policy, falls below £[ 30 ] [ —on the basis that the costs financially associated with paying that interest are disproportionate to the amount involved overall ] ; 2.3 where we agree an alternative arrangement, in writing, with the client or third party for whom the money is held—when this occurs, we will provide sufficient appropriate information to enable the client or the third party to give...

Read More Right Arrow
PRECEDENTS

1 Introduction This paper outlines our finance and accounting frameworks, procedures and controls. All individuals working within the firm’s Finance team must make sure they have read and fully understand what follows. A concise, separate edition of this paper is provided for fee earners and other colleagues outside the Finance function. 2 Basic principles 2.1 We are required to protect funds and assets entrusted to the firm by clients and others. 2.2 We must at all times adhere to the SRA Accounts Rules (the Accounts Rules)......

Read More Right Arrow
PRECEDENTS

1 Introduction 1.1 This paper outlines how we will meet the wide-ranging regulatory obligations relevant to our firm and constitutes a component of our broader risk management approach. 1.2 If we do not adhere to those rules or fail to handle regulatory risk effectively, the potential outcomes include: 1.2.1 clients might not obtain the standard of service they are rightfully due, leading to complaints or allegations of negligence; 1.2.2 harm to our reputation; 1.2.3 disciplinary action by the SRA or another regulator against the firm or its people, potentially resulting in fines, disqualification, or other penalties; or 1.2.4 exposure of the firm or its individuals to criminal proceedings. 1.3 We have consistently treated compliance with utmost seriousness and will maintain that stance. 2 Compliance obligations 2.1 The Solicitors Regulation Authority ( SRA) directly regulates the firm and our solicitors [ , Registered European Lawyers ( RELS), Registered Foreign Lawyers ( RFLs) and...

Read More Right Arrow
PRECEDENTS

This Agreement is dated [ date ] Parties [ Insert name of supplier ], a company registered in [ England and Wales ] with number [ insert registered number ], whose registered office is at [ insert address ] (the Supplier); and [ Insert name of customer ], a company registered in [ England and Wales ] with number [ insert registered number ], whose registered office is at [ insert address ] (the Customer), each of the Supplier and the Customer being a party, and together the Supplier and the Customer are the parties. Background The Supplier acts as licensor of specified software applications. The Supplier has agreed to provide the Customer with a temporary licence to use the software applications on a trial basis, under the terms of this Agreement, for the purpose of evaluating the...

Read More Right Arrow
PRECEDENTS

ARCHIVED This Precedent is archived and is not maintained. The training pack comprises template Power Point slides that may serve as the basis for one or more training seminars introducing retained EU law. It is anticipated that those providing training will use the slides as a helpful starting point for their presentation(s), tailoring, adapting and amending them as appropriate to reflect their particular area of practice. The materials are customisable. Click the link below to download the presentation. Contents These training materials cover the following: What constitutes retained EU law? How is retained EU law described? What do the pertinent provisions state?......

Read More Right Arrow
PRECEDENTS

Dear [ client name ] [ insert reference ]—case management conference As you know, a case management conference ( CMC) has been listed for [ date ] in this matter. This correspondence provides further details about the purpose of the CMC and the preparation that will be expected from you. [ There is no legal duty for you to attend the CMC in person; however, it would be preferable if you are able to do so, as this will allow you to see first-hand the court’s approach to the case and enable us to take instructions from you if required. ] [ Where, as in this case, the proceedings are subject to costs budgeting, the court will often hear the CMC alongside the costs management conference and, together, these are described as a case and costs management conference or CCMC. The CCMC allows the court to...

Read More Right Arrow
PRECEDENTS

1 General Date [ Insert date ] Full name and position of the individual completing this form [ Insert name ] [ Insert job title ] Client/matter reference [ Insert number ] Responsible fee earner [ Insert name ] Client’s name [ Insert name ] Summary of the matter [ Insert description ] 2 Reason client/matter is high-risk Is the client or the matter high-risk? ☐ Client ☐ Matter ☐ Both Basis for high-risk classification: As outlined in the client or matter risk assessment form. [ Insert ] 3 Monitoring 3.1 File audit/review Most recent file review/audit date [ [ Insert date ] OR None ] Were any significant issues identified at the last review/audit? ☐ Yes— provide details ☐ No 3.2 The client Are the client’s contact particulars current? ☐ Yes ☐ No— add an action point at section 5 Any substantive amendments to the...

Read More Right Arrow
PRECEDENTS

This Precedent deck is aimed at legal practices. It serves as a tool to instruct your team about breach reporting duties in line with the SRA Codes of Conduct......

Read More Right Arrow
PRECEDENTS

1 Compliance officer for finance and administration ( COFA) details Firm name [ Insert firm name ] COFA’s name [ Insert name ] Reporting line [ Insert name ] Employment status (full-time/part-time) [ Insert ] Other positions held in the firm [ Insert ] Firm appointment date [ Insert date ] SRA approval date [ Insert date ] 2 Role summary 2.1 Steer [ insert firm name ]’s [ global ] approach and ethos for compliance with the SRA Accounts Rules. 2.2 Undertake all proportionate measures to make sure [ insert firm name ] and its managers, staff, or interest holders meet their duties under the SRA Accounts Rules. 2.3 Guarantee swift notification to the SRA of any material breach of the SRA Accounts Rules, and any other reportable issues concerning [ insert firm name ] and its...

Read More Right Arrow
PRECEDENTS

This Agreement is entered into on [ date ] Parties [ Insert name of supplier ], a company incorporated in [ England and Wales ] with company number [ insert registered number ], whose registered office is at [ insert address ] ( Supplier); and [ Insert name of customer ], a company incorporated in [ England and Wales ] with company number [ insert registered number ], whose registered office is at [ insert address ] ( Customer), each of the Supplier and the Customer being a party and, together, the Supplier and the Customer are the parties. Background The Supplier delivers the Cloud Services described in this Agreement to various third-party customers. The Customer seeks to evaluate the Cloud Services for [ use in its business ]. As outlined in this Agreement, the Supplier has agreed to carry out...

Read More Right Arrow

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

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...

Read More Right Arrow

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 ...

Read More Right Arrow

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 ]...

Read More Right Arrow

Discover more from LexisNexis