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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
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
[ 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 ]
[ 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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Risk assessment date [ Insert date ] Individual(s) completing the risk assessment [ Insert name(s) and job title(s) ] 1 Meeting details Scheduled meeting date [ Insert date ] Purpose of the meeting planned [ Insert details ] Anticipated attendee(s) from this organisation [ Insert name(s) of individual(s) expected to attend from our organisation ] Anticipated attendee(s) from other organisation(s) [ Insert name(s) of organisation(s) and/or individual(s) from other organisation(s) expected to attend ] 2 Assessment Risk [ Insert, eg Actions of attendees from our organisation ]......
To be read aloud by the Chair at the beginning of any meeting/gathering where competitors are present. [ insert organisation name ] [ and all its business units ] adheres to rigorous standards of business conduct......
As offerings become more technologically advanced and include integrated systems and features, assessing whether tying or bundling might be seen as anti-competitive grows more complex. This checklist is designed to help you weigh key competition law considerations before linking or packaging products. Always seek advice from [ insert, eg the legal team ] where indicated below, and if you have any queries or concerns... 1 Products and market Evaluate whether the items proposed for a bundle or tie are genuinely separate products. Can the products being bundled or tied be treated as distinct offerings? Yes — consult [ insert, eg the legal team ], as bundling may adversely affect suppliers of stand‑alone products and thus harm competition No — [ Insert comments] Do other organisations in the market use bundling and tying?......
Please use this checklist before entering into any exclusive agreement Determining whether exclusivity is liable to produce anti-competitive effects is not straightforward; multiple factors must be weighed, and in many cases exclusive deals may not be feasible at all. Above all, ensure the justification for exclusivity is not simply to undermine competitors or to delay or impede new entrants. If this is driving the exclusivity, from a competition regulator's perspective it may not matter whether the conduct gives rise to an anti-competitive effect. You must seek guidance from [ insert, eg the legal team ] where flagged in this checklist and whenever you have any questions or concerns. Exclusivity Factor Result Comments 1. Is the buyer required or encouraged to concentrate its orders for a particular product or service with just one supplier (often termed...
Question Correct answer 1. Competition law shields business and consumers from anti-competitive conduct, and preserves effective competition True 2. What penalties can arise from infringing competition law? Substantial fines, custodial sentences, director disqualifications, and reputational harm. 3. What are the three key contexts where competition law might potentially pose an issue for commercial organisations?......
1 How to use this test These questions check your understanding following your attendance at our training on competition law compliance. Once you have completed the test, please hand it back to [ insert name ] 2 General Name of person completing test: Insert name Role: Insert role Date: Insert date 3 Multiple choice questions Tick the correct answer. Competition law protects business and consumers from anti-competitive behaviour, and safeguards effective competition □ True □ False What are the consequences of breaching competition law?......
This Precedent slide deck acts as a learning tool, letting you brief your staff on competition law compliance and your organisation’s internal competition law compliance policies and procedures, ensuring clear understanding across the business. The training resources are adaptable. This training pack is built in Power Point, so it cannot be exported into Word directly from this page online. Contents Competition law—what, how and our stance When does it become problematic?......
This form should be used if you hold any worries regarding compliance with competition law. Such worries might concern conduct by, for instance, this organisation, a rival business, or conduct by a client......
1 Introduction 1.1 Competition serves both enterprises and customers. It highlights where firms must raise their game; spurs organisations to chase greater efficiency, nurture innovation, boost productivity and, ultimately, become stronger businesses. 1.2 We conduct our business [ es ] with integrity and in an honest, ethical manner. All of us must act together to ensure [ it OR they ] remain [ s ] strictly within the limits of competition law. 1.3 This policy is central to that aim. It carries the full backing of the [ insert, eg board ]. It explains the measures everyone must follow to comply with competition law in our business. 2 What is competition law and how does it affect us? 2.1 Competition law exists to protect businesses and consumers from anti-competitive behaviour and to preserve effective competition. Every business must comply, and...
1 Introduction 1.1 We have undertaken a company-wide comprehensive review to pinpoint precisely where our exposure to breaching competition law is greatest. This document sets out the risks examined and the conclusions we have drawn. The individual accountable for completing this risk assessment is [ insert name or role ]... 1.2 The review took into account our: 1.2.1 staff; 1.2.2 competitors; 1.2.3 operations; 1.2.4 [ [ other consideration ]; 1.2.5 [ other consideration ]......
Interactions with competitors, negotiations with customers, or collecting market intelligence can carry a significant risk of competition law breaches, and the line between proper and improper contact can be easily crossed. As simply receiving certain information may amount to anti-competitive conduct, you should never discuss confidential strategic matters with competitors or customers. This guide sets out key points for sales and marketing teams to help you recognise competition law issues and respond appropriately 1 Contact with competitors This section sets out straightforward dos and do nots when you are in contact with competitors. Do Leave any meeting where others move into improper discussions, and ensure your exit is recorded. Seek advice from [ insert, eg the legal team ] before discussing with a competitor or entering: joint venture agreements; ...
1 Assessment Evaluate your organisation’s compliance culture by reflecting on how far you agree (or not) with the statements below... Statement and rating (please tick) Senior leaders champion and grasp your organisation’s compliance initiatives. 5 — strongly agree 4 — agree 3 — neither agree nor disagree 2 — disagree 1 — strongly disagree Compliance work is not unduly limited by budgetary constraints. 5 — strongly agree 4 — agree 3 — neither agree nor...
Behaviour red flags are situations that should prompt you to probe further. Though they can be hard to spot, many scenarios can indicate the presence of anti-competitive conduct. This awareness tool highlights potential competition law warning signs, indicators, traits or behaviours to be especially alert to at all times. Even a single red flag may suggest anti-competitive conduct. 1 Cartel behaviour Any attempt to fix prices. Any attempt to engage in bid-rigging. ......
Date: [ insert date ] From: [ insert name and job title ] Fair competition serves both businesses and consumers. It highlights where companies must improve and spurs organisations to pursue greater efficiency, foster innovation, lift productivity and, ultimately, become stronger businesses. 1 What is competition law compliance? Competition law exists to protect businesses and consumers from anti-competitive behaviour and to preserve effective competition in the markets in which they operate. Every business must comply, and breaches can bring serious consequences for companies and individuals, including substantial fines, prison sentences, director disqualifications and reputational harm. 2 How does this affect us? For [ insert organisation name ], competition law may arise in three principal contexts: cartel activity; other potentially anti-competitive agreements; abuse of a dominant position. Cartel activity Cartels are the most serious kind of anti-competitive agreement, where two or more businesses agree not to compete with one...
Meetings with competitors carry a high competition law risk. Please complete this checklist and submit it to [ insert, eg the legal department ] prior to any meeting you attend where a competitor is present. Should you have doubts or queries, you must request advice from [ insert, eg the legal department ]......
Industry associations can deliver useful, pro‑competitive advantages, but the chance of facing a competition law issue in the trade association context is considerable and should not be underestimated. This guide is an information resource about competition law compliance risk in the context of trade associations. Joining a trade association You must inform [ insert, eg the legal department ] if you are joining a trade association. See our [ Contact with competitor form ]. Trade association meetings Before attending a meeting Insist on an agenda. Review the agenda in advance: Satisfy yourself that the agenda topics are permissible (see sections 2.2 and 4); If in doubt, seek advice from [ insert, eg the legal team ] or, if there is no time to seek advice, do not attend the...
Understanding our market and rival organisations helps drive business success, yet the likelihood of facing a competition law issue when undertaking this kind of work is significant. This Competition compliance—gathering competitive intelligence quick reference guide provides general direction on the actions you should take—and those you should avoid—when collecting competitive intelligence. The points below are not comprehensive. [ For further information, we also have a set of FAQs on gathering competitive intelligence, which you can find [ insert details of where to find FAQs ]. ] Conducting your own analysis You may carry out your own assessment, but take care with the information you rely on. Do Undertake your own review of competitor activity (eg observe at public events and trade shows). Collect competitive intelligence from publicly available sources (eg published news, trade journals, industry analysis, advertisements, and publicly accessible...
Understanding our industry and the wider competitive landscape supports business success. However, we must always remain within the limits of competition law whenever we collect information about competitors’ activities, products or services. These FAQs, which are vital to that purpose, set out guidance on how we can pursue our commercial aims, while staying compliant with competition law, when obtaining and using competitive intelligence. 1 Can I gather information and prepare internal reports about a competitor’s product pipeline? Yes, but only where the information has been obtained through your own analysis (e.g. observations at trade fairs) or from publicly available sources (e.g. the competitor’s website or press reports)......
1 Legal costs There are [ two OR three ] key components to the legal costs for [ insert brief description of services, eg obtaining a grant of probate and distributing an estate ]: our fees; expenses we must settle on your behalf (often called disbursements) [ ; OR . ] [ costs that you may have to pay another party. ] Our charges Our hourly rate[s] for [ insert brief description of services ] [ is OR are ] £[ insert single hourly rate or list the rates for different fee earners ]. Typically, this kind of work requires [ insert range of...
This template wayleave is accessible through an external link to The City of London Law Society’s Wayleave Agreement (the )...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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...
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 ...
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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