Legal Precedents

We, [ insert name of Lender/ Security Agent ], being a company incorporated in [ Scotland OR England and Wales ] pursuant to the Companies Acts with Registered Number [ insert company number ] and with our Registered Office at [ insert address ] [ in its role as [ insert, eg security trustee/agent ] for the......

[ To add to the recitals: ] The [ Continuing Trustees [ and the ] AND/ OR New Trustees ] agree to provide the Retiring Trustees with the indemnity set out below......

[ name ] Trust TRUSTEE RESOLUTION We, [ trustee ] of [ address ], and [ trustee ] of [ address ], currently act as the trustees of the trust executed on [ date ] between [ parties ] (the Trust). Relying on the authority granted to us under clause [ number ] of the Trust, we determine to advance £[ amount ] to [ name of borrowing beneficiary ], on the terms and conditions set out in the Schedule. Signed: Dated: [ date ] The Schedule [ set out the loan terms and conditions ] BENEFICIARY’ S ACKNOWLEDGEMENT OF LOAN I, [ name of beneficiary ], confirm receipt of £[ amount ] and undertake to comply with the terms and conditions detailed in the Schedule above......

1 General details Date [ Insert date ] Customer name (if applicable) [ Insert customer name ] Full name and job title of the person completing this form [ Insert name and job title ] Customer/matter reference number (if applicable) [ Insert customer/matter reference number ] Date the request was received [ Insert date ] Names of staff involved in the customer matter to which the SAR relates, if applicable [ Insert names of people involved ] Name of the person to whom the request is addressed [ Insert name ] If the Super SAR came from an NCA authorised officer, move to section 2; for all other Super SAR requests, proceed to section 3. 2 Super SAR request from NCA authorised officer Has our nominated officer been notified? □ Yes □ No — notify the...

This Agreement is dated [ insert day and month ] 20 [ insert year ] Parties [ Insert name of company in administration/liquidation ] (in [ administration OR liquidation ]), a company registered in [ England and Wales OR [ insert country of incorporation ] ] with company registration number [ insert company number ], whose registered office is at [ insert address ] (the Seller), acting through its [ joint ] Office-holder(s); [ Insert name of office-holder(s) ] of [ insert name of firm ], whose registered office is at [ insert address of firm ] (the [ Office-holder OR Office-holders ]); [ insert name of purchasing corporate entity ], a company registered in [ England and Wales OR [ insert country of incorporation ] ] with company registration number [ insert company number ], whose registered office is at [...

This Agreement is entered into on [ date ] (the Effective Date). Parties [ Insert name of company ], a company registered in [ England and Wales ] with number [ insert registered number ], whose registered office is at [ insert address ] (the Company); [ Insert name ], of [ insert address ] (the Talent). Background The Company is the proprietor of the [ insert ] brand. The Talent is [ insert details of the talent’s background ]. The Company retains the Talent, on the terms of this Agreement, to market the Company’s products......

This template serves as a provisional ‘litigation hold’ or ‘document retention’ communication, intended for issue by a party (or would‑be party) to proceedings in the Business and Property Courts, where the Disclosure Scheme applies under CPR PD 57AD, para 4.2 and CPR PD 57AD, para 4.3. [ Insert name and address of recipient ] [ Insert date ] PRIVATE, CONFIDENTIAL AND PRIVILEGED Dear [ insert recipient ] Document preservation notice—[ insert subject matter ] We contact you in relation to [ your current employment OR your previous employment OR your current professional relationship OR your previous professional relationship ] with [ insert name of the Company OR name of actual or prospective party to the proceedings ]. [ The Company OR name of actual or prospective party to the proceedings ] [ has recently OR is likely to ] be involved in legal proceedings (‘the...

[ Insert recipient’s name and address ] [ Insert date ] Dear [ insert recipient’s name ] [ Insert case name and claim number ] [ We represent the [ Claimant OR Defendant ] in this matter. ] Please find enclosed, for service, the [ Particulars of Claim OR Defence OR Defence and Counterclaim ], which [ has OR have ] also been lodged at court today [ together with a copy of this correspondence ]. As these proceedings fall within the disclosure scheme of the Business and Property Courts, the [ Claimant OR Defendant ] confirms that, in accordance with para 4.5 of Practice Direction 57AD of the Civil Procedure Rules (‘ CPR PD 57AD’), steps have been taken by the [ Claimant OR Defendant ], and by us as their legal representatives, to preserve relevant documents. [ We also enclose, by way of Initial Disclosure and in...

[ Insert recipient’s name and address ] [ Insert date ] PRIVATE, CONFIDENTIAL AND PRIVILEGED Dear [ insert recipient’s name ] [ Insert case title and claim reference ] We [ are a firm of solicitors and ] represent [ name of client ], your [ former ] employer. We write further to [ our OR [ name of (former) employer ] ] letter dated [ insert date ] [ , a copy of which is enclosed for your ease of reference ]. In addition to [ the Company’s OR the organisation’s ] responsibility to retain any ‘documents’ that could be relevant to the proceedings, [ the Company OR the organisation ] must also, among other requirements, provide to its opponent[ s ] in the proceedings a variety of ‘documents’ pertinent to the dispute and, in particular, those that are or might be ‘adverse’ to its case......

This DECLARATION OF TRUST is duly executed and made on [ date ] by [ settlor ], of [ address ] (the Settlor). Background The Settlor intends to provide for [ insert beneficiary’s name ] (the Beneficiary) by appointing themself as trustee of the Trust Fund described in the Schedule herein......

1 What is dominance? 1.1 As a general guide, a firm that persistently holds above 40% of the market on a consistent basis is usually regarded as being in a dominant position. Typically, that level must be sustained for at least two consecutive years. Yet market share alone is not decisive; a company is dominant if, to a meaningful degree, it can operate independently of rivals, customers and consumers within the relevant market, rather than being constrained by them. 1.2 An organisation in a dominant position bears a ‘special responsibility’ to avoid behaviour that harms effective competition. Failing to live up to that duty may expose the business to allegations of abusing a dominant position. Identifying what amounts to abuse is not always straightforward or clear-cut. 2 Why market dominance is a concern 2.1 Dominant firms carry a special responsibility to make sure their actions do not skew or...

These FAQs serve as a handy guide for both colleagues who regularly interact with rivals, outlining how we should pursue our commercial objectives lawfully when collecting competitive intelligence, as well as for anyone engaged in the pricing process. If this note does not address your query or worry, you must get in touch with [ insert, eg the legal team ] without delay. 1 Meeting with competitors— FAQs Gatherings with competitors (or events at which competitors are present) carry a significant risk of breaching competition law. 1.1 May I go to an industry association meeting where competitors are present? Yes, although you must proceed carefully. Such gatherings can cause issues if secret or commercially sensitive details are aired or exchanged. 1.2 Can I engage in informal conversations with competitors at conferences or social functions? Yes, but you must avoid any...

1 What is benchmarking? Benchmarking means setting our structures, processes and outcomes against those of other organisations to gauge our performance and raise efficiency. Its purpose is to spot areas of inefficiency and unnecessary cost within our operations, identify the structures, processes and practices that have driven others’ success, and create a plan to tailor those lessons to our circumstances. For our organisation, it is a significant tool. When properly designed and executed, it is generally regarded as pro‑competitive, as it aims to boost efficiency and reduce overall costs. 2 What is the risk? As it often involves sharing information with competitors, benchmarking can enable anti‑competitive exchanges or present opportunities for collusion; accordingly, benchmarking activities carry inherent competition law compliance risks. Therefore, any such activities must be carefully planned and conducted, with advice and guidance from [ insert, eg the legal team ]. Early...

Associations with actual or potential competitors for the purpose of jointly undertaking a particular commercial enterprise or transaction Working with current or prospective rivals to carry out a specific business project or deal is ordinarily lawful when the pro-competitive gains of a joint venture ( JV) surpass any anti-competitive drawbacks, provided the overall balance favours competition, if any. Pro-competitive advantages may include pushing technological progress, introducing novel products, services or market entrants, and securing economies of scale, meaning greater capacity with lower transaction costs. This guidance supports colleagues in designing, setting up and running JVs, with a particular emphasis on adhering to competition law by relevant staff members. Before suggesting or entering any JV, you must seek advice from [ insert, eg the legal team ] ......

Merger and acquisition ( M& A) M& A deals can be examined or monitored by competition regulators in the jurisdictions where we pursue acquisition opportunities. This guide is designed to help you adhere to competition laws throughout the M& A process, including sharing information, preparing paperwork and planning for integration, all of which present significant competition law compliance risks and challenges. Competition authorities recognise that a degree of planning and information exchange is necessary during a merger or acquisition. However, certain conduct is prohibited by competition law: conduct which, if undertaken by two independent organisations (which the buyer and target in an M& A transaction remain until completion), would breach laws that prohibit competitor co-ordination; and ‘gun-jumping’ conduct, i.e. co-ordination or premature integration before completion that gives the buyer control of the target...

This resource is intended to assist you in keeping a log of suspected competition law issues reported within your organisation. You can use it to capture, manage, and monitor these issues......

General Please click to open an Excel edition of this register. Course title/overview and training rationale...

1 General information Review date [ insert date ] Reviewer(s) [ insert name(s) ] 2 Review and findings Have you undertaken a new organisation-wide risk assessment within the past year? Refer to Precedent: Competition law compliance—organisation-wide risk assessment ☐ Yes ☐ No—make sure you record an action in section 3 to carry out a new competition law compliance—organisation-wide risk assessment Have you completed a new culture self-assessment within the last year? Refer to Precedent: Compliance culture self-assessment ☐ Yes ☐ No—make sure you create an action in section 3 to conduct a new competition law compliance—culture self-assessment Have the organisation’s competition law compliance policies, controls, and procedures been reviewed and refreshed during the past year? ......

1 General information Report date: [ Enter date ] Previous report date: [ Enter date ] Report submitted by: [ Enter name ] 2 Action points arising from last report Action item: [ Enter action point ], Responsible person: [ Identify person responsible for this action point ], Status: [ Enter status ] Action item: [ Enter action point ], Responsible person: [ Identify person responsible for this action point ], Status: [ Enter status ] Action item: [ Enter action point ], Responsible person: [ Identify person responsible for this action point ], Status: [ Enter status ] Action item: [ Enter action point ], Responsible person: [ Identify person responsible for this action point ], Status: [ Enter status ] 3 Executive summary This report covers the following items: 3.1 overview of business...

Meetings with competitors carry a high competition law risk. Kindly complete this form and promptly send it to [ insert, eg the legal team ] before attending any meeting or event where a rival is present. You should obtain advice from [ insert, eg the legal team ] if you have any queries or worries......