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

1 Definitions [ Customer’s Representatives means the person (or persons) designated as such in [ insert schedule ]; ] Key Personnel refers to those members of the Supplier Personnel named as the Supplier’s key personnel for the Services in [ insert schedule ] and/or any Replacement; Losses covers all losses, claims, damages, liabilities, fines, interest, penalties, charges, costs, expenses, demands, and [ reasonable ] legal and other professional costs; Relevant Transfer denotes a relevant transfer for the purposes of TUPE; Replacement signifies a replacement or substitute for any Key Personnel, appointed from time to time in accordance with clause 3.5 or 3.6; Supplier Personnel includes all employees, directors, officers, staff, other workers, agents, contractors and consultants of the Supplier, its Affiliates and any of their subcontractors who are involved in performing the Supplier’s...

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PRECEDENTS

Submitted on behalf of the claimant Witness Statement of [ insert initial and surname of witness ] Witness statement number: [ insert number of witness statement in relation to the witness ] Exhibits referenced: [ insert initials and number of each exhibit referred to ] Date statement signed: [ insert date ] [ Translation date: [ insert date ] ] IN THE COUNTY COURT AT [ location ] Claim No. [ insert number ] Parties: [ name ] ( Claimant, a child) by [ name ] as litigation friend, and [ name ] ( Defendant) WITNESS STATEMENT OF [ insert full name ] I, [ insert full name ], of [ insert full address and occupation or, if none, description ], intend to rely upon the following evidence in support of this application. This statement is based on my own knowledge and belief, unless stated...

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PRECEDENTS

Stop press: The 2026 Regulations— Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions), SI 2026/82—activate the outstanding parts of the Data ( Use and Access) Act 2025 ( DUAA 2025). Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, while those on penalty notices and complaints take effect from 19 June 2026. For further detail, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Precedent will be refreshed soon to reflect these amendments. Together, these changes complete commencement of the remaining DUAA 2025 provisions. 1 Purpose and scope 1.1 [ Name of organisation ] operates closed circuit television ( CCTV) to help ensure a safe and secure environment for staff, visitors and customers, and to safeguard company property......

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PRECEDENTS

1 Introduction 1.1 Our website is a key channel for engaging with our current and prospective customers, and a significant reflection of our brand identity. 1.2 Accordingly, it is essential that we manage our website activities appropriately. 1.3 This policy outlines our processes for managing the website, including: 1.3.1 who is accountable for managing our website; 1.3.2 content governance; 1.3.3 website security and data protection; 1.3.4 permitted and prohibited use; 1.3.5 linking; 1.3.6 accessibility. 2 Responsibility 2.1 The [ state who ] holds overall responsibility for administering our website. 2.2 Their duties include: 2.2.1 approving and overseeing content; 2.2.2 ensuring the website complies with legal and regulatory requirements; 2.2.3 supervising linking arrangements; 2.2.4 maintaining the website terms and conditions and the privacy policy; 2.2.5 undertaking an annual review of this policy to confirm it operates...

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PRECEDENTS

Question Correct answer What is fraud? (b) In broad terms, fraud is an offence involving deceit or theft to secure an advantage How can a company commit the failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023? (a) By not having reasonable measures in place 3. ......

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PRECEDENTS

How to use this test These items check your grasp after training on fraud risk management. Once you have finished the test, kindly submit it promptly to [ insert name ]. General Full name of the individual completing the test [ Insert name ] Role [ Insert role ] Date [ Insert date ] Multiple choice questions Please select the right option by circling it. Questions and multiple-choice responses are below Which describes fraud? (a) Requesting or receiving a bribe (b) An offence involving deceit or theft to secure an advantage (c) Exercising rights of ownership over a person In what way could a company commit the failure to...

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PRECEDENTS

Date [ date ] Parties [ name of Licensor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] ( Licensor ); [ name of Licensee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] ( Licensee ). 1 Definitions For this Licence, the following terms shall be interpreted as set out below: [ Building • the Licensor’s premises described as [ description ] [ recorded at HM Land Registry under title number [ number ] ] ; Business Day • any day [ except [ identify excepted days, eg ‘ Sunday’ or ‘any bank or public holiday’ ] ] when the [ Building OR Centre ] is open for...

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PRECEDENTS

[ insert date of letter ] [ insert name of employee ] [ insert address of employee ] Dear [ insert name of employee ] [ insert name of Company ] (the Company ) Option granted under the [ insert name of CSOP ] (the Plan ) I am pleased to advise that the directors of the Company have authorised the grant of a company share option plan ( CSOP) share option ( Option ) to you under the Plan. Enclosed is the option certificate confirming the grant of the Option, together with a copy of the Plan rules, which explain how your Option is governed. Summary of the terms of the Option The Option allows you to acquire [ insert maximum number and type of shares which can be exercised pursuant to the Option deed of grant ] shares in the Company ( Shares ) on [ insert date / event on...

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PRECEDENTS

Definitions Business Continuity Event means any event (whether a natural or human-made phenomenon or happening) that disrupts the Customer’s ordinary day-to-day business activities, including business functions, operations, or processes of the Customer (whether foreseen or unforeseen), and that prevents or delays a party from carrying out its obligations to third parties or from receiving the full benefit of the services in accordance with the provisions of this Agreement; Force Majeure means an event or series of events beyond a party’s reasonable control that prevents or delays the performance of its obligations under this Agreement. [ Insert circumstance not constituting force majeure eg a Business Continuity Event, inability to pay ] is not Force Majeure......

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PRECEDENTS

Letter for employer to send to construction/design team in the event of a design consultant becoming insolvent [ [ Employer’s letterhead ] OR [ Employer’s postal address ] ] [ Contact person, role title and division ] [ Contractor or consultancy firm name ] [ Postal address ] Dear [ recipient name ] [......

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PRECEDENTS

This presentation serves as a training tool you can use to brief your staff on fraud risk management and awareness, and is aimed at commercial organisations, including law firms. Optional, dedicated modules address common risk areas that affect law firms, such as property and mortgage fraud and client account fraud. You should confirm whether any sector-specific best practice guidance applies to your organisation, and incorporate that guidance within your policy and procedures and this presentation. The training materials are flexible and can be customised as required......

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PRECEDENTS

An Agreement dated [ date ] regulating the carrying on and conduct of Insurance Business between: 1 [ Full name of insurance company ][ (insert company acronym) ], incorporated and registered in [ country ] with company number [ number ], whose registered office is at [ registered office address OR (the Insurer) full name of Managing Agent ], on behalf of the underwriting members of all Lloyd’s syndicates it manages from time to time (the Managing Agent), AND 2 [ Full name of broking company ], incorporated and registered in [ country ] with company number [ number ], whose registered address is at [ registered office address ] (the Broker) (collectively, the “ Parties”, and each separately a “ Party” herein) AGREED TERMS 1 Definitions and interpretation 1.1 The definitions and rules of interpretation apply to this Agreement as...

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PRECEDENTS

This Agreement is entered into on [ date ]. Parties [ insert name of supplier ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Supplier ); and [ insert name of customer ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Customer ) (each of the Supplier and the Customer is a party and, together, the Supplier and the Customer are the parties). Background The Supplier is in the business of providing [ insert description of services ] to other enterprises. The Customer operates the business of [ insert description ]. The parties have agreed that the...

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PRECEDENTS

1 Definitions 1.1 In this Agreement: Licence Fees: means the fees set out in [ insert relevant schedule or clause ] [ together with any other amounts payable under this Agreement ]. Software: comprises the Supplier Software and the Third Party Software. Specification: denotes the written description of the Software set out in [ insert cross reference to schedule or appendix containing the description of the software ]. Supplier Software: means the Supplier’s proprietary software identified in paragraph [ insert reference ] of [ insert reference to schedule or appendix containing description of the software ] [ including any Updates or Upgrades provided by the Supplier under this Agreement [ or any Support Agreement ] ]. Third Party Software: comprises the third party software identified as such in paragraph [ insert reference ] of [ insert reference to...

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PRECEDENTS

This Agreement is entered into on [ date ] Parties 1 [ insert name of supplier ] [ of OR trading as [ insert trading name ] of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ] ( Supplier ); and 2 [ insert name of customer ] [ of OR trading as [ insert trading name ] of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ] ( Customer ), (each of the Supplier and the Customer is a party and, together, the Supplier and Customer are the parties ). Background ( A) The Supplier carries on the business of hiring [ insert description of Equipment ] to other...

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PRECEDENTS

[ insert name of Company ] Company Number [ insert registered number of Company ] (the Company) Minutes of a meeting of the Board of Directors of the Company, convened at [ insert time of meeting ] on [ insert date of meeting ] Name Position Present: In attendance: Apologies for absence received from: 1 Notice and quorum 1.1 The Chair confirmed that proper notice of the Meeting had been provided, that a quorum of directors was in attendance, and that, accordingly, the Meeting was validly convened......

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PRECEDENTS

Stop press: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 commence the outstanding elements of the Data ( Use and Access) Act 2025 ( DUAA 2025), with effect as set out below. Rules on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement take effect in full from 5 February 2026, whilst those concerning penalty notices and complaints apply from 19 June 2026. For further details and guidance, please see the Practice Note: Data ( Use and Access) Act 2025—employment implications. This Precedent will be revised shortly to reflect these changes accordingly. [ ON CLIENT COMPANY LETTERHEADED PAPER ] [ Enter consultant’s name ] [ Enter consultant’s address ] [ Enter date ] Dear [ enter consultant’s name ] [ Consultancy agreement OR enter project name...

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PRECEDENTS

1 Project summary Project information Project name [ Insert name ] Project owner [ Insert name ] Project overview [ Outline the project, eg new CCTV system for a car park ] 2 Details of proposed surveillance camera system 2.1 Identify why your deployment of surveillance cameras requires a DPIA Systematic and extensive profiling Public monitoring Denial of service Data matching Tracking Risk of harm Automated decision-making Large-scale use of sensitive data Innovative technology Biometrics Invisible processing Targeting children/vulnerable adults Special category/criminal offence data Other [ Please specify ] 2.2 Timescale and status of surveillance camera deployment Is this a proposal for a fresh deployment or an enlargement of an existing surveillance camera system? New deployment Expansion of existing system Which data protection regime will you be processing under? UK GDPR Other—[ state eg EU GDPR ] 2.3 Description of processing Where do you need to use a surveillance camera system? [ Insert response and/or refer to Appendix 1 ] What are you trying to achieve?......

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PRECEDENTS

This Agreement is entered into on [ date ] by and between the parties identified below herein Parties [ insert name of supplier ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Supplier); and [ insert name of customer ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Customer) (each being a party and, together, the Supplier and the Customer are the parties to this Agreement). Background The Supplier carries on the business of supplying [ insert description of services ] to other businesses. The Customer carries on the business of [ insert description ]. The parties have decided that the Supplier will deliver services to the...

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PRECEDENTS

STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, thereby becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and taking partial effect on that day. A number of DUAA 2025 provisions, covering issues such as handling data subject access requests and granting powers to make additional regulations, commenced immediately on 19 June 2025. Further provisions, dealing with notices issued by the Information Commissioner and particular facets of law enforcement processing, started on 19 August 2025 (two months after Royal Assent). The bulk of DUAA 2025, however, will only commence once further regulations are made, in the form of statutory instruments. Parts 5 and 6 of DUAA 2025 operate to amend elements of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK...

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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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