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

IN THE HIGH COURT OF JUSTICE Chancery Division Property, Trusts and Probate List [ Claimant ] Claimant and [ Trustee ] [ Trustee ] [ Adult beneficiary ] [ Beneficiary ] (a child by [ name ] his/her litigation friend) etc… [ ultimate default beneficiary ] Defendants Details of Claim The Claimant[ s ] request[ s ]: An order under section 1 of the Variation of Trusts Act 1958 approving, on behalf of the [ x ] Defendant and all [ unborn, ] [ unknown or unascertained ] persons who may later become beneficially entitled under the trust instrument dated [ x ] and called [ y ] (the Settlement), an arrangement varying the trusts in the form set out in the schedule to the draft order exhibited to the Claimant’s witness statement, or with such amendments as the Court may approve. Provision for the costs of this...

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PRECEDENTS

IN THE [ HIGH COURT OF JUSTICE ] [ Chancery Division ] [ Business and Property Courts of England and Wales ] [ Property, Trusts and Probate List ] Before [ name ], dated [ insert date of Order ] [ In the Estate of [ name ] deceased ] [ X ] Claimant, and [ X ] [ X ] (a child by [......

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PRECEDENTS

IN THE [ HIGH COURT OF JUSTICE ] [ Chancery Division ] [ Business and Property Courts of England and Wales ] [ Property, Trusts and Probate List ] [ X ] Claimant against [ X ] [ X ] (a child by [ name ] his/her litigation friend) etc... Defendants Details of Claim The Claimant [ s ] request [ s ]: the authoritative and correct interpretation of clause [ x ] within the [ trust deed dated xxx ], and in particular [ provide a concise outline of the issue that has arisen concerning interpretation of the trust instrument ] that the [ x ] Defendant be duly appointed to act for [ xxx ] that reasonable provision be made for the costs of this application insofar as may reasonably be required for the proper...

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PRECEDENTS

IN THE [ HIGH COURT OF JUSTICE ] [ Chancery Division ] Claim No. [ xxx ] [ Business and Property Courts of England and Wales ] [ Property, Trusts and Probate List ] Before [ name ] Dated [ date ] [ Claimant’s name ] Claimant and [ Trustee ] [ Trustee ] [ Adult beneficiary ] [ Name of beneficiary ] (a child by [ name ] his/her litigation friend) [ Name of beneficiary ] (a child by [ name ] his/her litigation friend) [ Ultimate default beneficiary ]......

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PRECEDENTS

Even where others undertake work on your behalf, you remain responsible for compliance with the SRA regulatory regime. Accordingly, you must be able to evidence that any clients a third party introduces to your firm were not secured through methods that would breach that regime. This obligation applies regardless of whether the introducer is regulated by the SRA......

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PRECEDENTS

THIS DOCUMENT IS SIGNIFICANT AND YOU OUGHT TO SEEK LEGAL ADVICE BEFORE SIGNING. BY SIGNING, YOU MAY POSSIBLY FORFEIT ANY INTEREST YOU CURRENTLY HOLD IN THE PROPERTY. Occupier: [ insert name of Occupier ] at [ insert address of Occupier ] (the ‘ Occupier ’). Seller[s]: [ insert name(s) of Seller(s) ] at [ insert address of Seller(s) ] [ (the ‘ Seller ’) OR (together, the ‘ Sellers ’) ] .......

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PRECEDENTS

CASE NO: [ insert case number ] In the High Court of Justice, Business and Property Courts of England and Wales, Insolvency and Companies List ( Ch D); or In the High Court of Justice, Business and Property Courts in [ insert location ], Insolvency and Companies List ( Ch D); or In the County Court at [ insert location ], Business and Property Work Before [ Deputy] Insolvency and Companies Court Judge............................. The Honourable [ Mr/ Mrs] Justice.......................... [ Deputy] District Judge............................. [ His/ Her] Honour Judge.......................... ......

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PRECEDENTS

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ( IPEC) OR PATENTS COURT ] BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant REPLY AND DEFENCE TO COUNTERCLAIM REPLY Preliminary Points Unless indicated otherwise, in this Reply and Defence to Counterclaim any paragraph references are to those in the Defence and Counterclaim. The Claimant contests the Defendant’s allegations and contentions in the Defence and Counterclaim in their entirety, except to the extent that they amount to admissions. The Claimant's Rights Registered Design Paragraph 5 is denied. The Registered Design is neither currently nor at any material time has been invalid for the reasons advanced in the Defence and Counterclaim [ and/or in the Grounds of...

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PRECEDENTS

Case No. [ insert number ] IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND & WALESINTELLECTUAL PROPERTY LIST ( Ch D) [ [ INTELLECTUAL PROPERTY ENTERPRISE COURT ( IPEC) OR PATENTS COURT ] ] BETWEEN [ insert full name of claimant ] — Claimant and [ insert full name of defendant ] — Defendant PARTICULARS OF CLAIM The Parties The Claimant is, and at all times material has been, [ insert details of Claimant ]. The Claimant [ is a company formed under the laws of [ insert jurisdiction ] on [ insert date ] with company number [ insert number ], with a registered address at [ insert address ], and ] carries on [ insert brief description of Claimant’s business ]. The Defendant is, and throughout the relevant period has been, [ insert details of Defendant ]. The Defendant [ is a company constituted under the laws of [ insert...

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PRECEDENTS

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ( IPEC) OR PATENTS COURT ] BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant DEFENCE AND COUNTERCLAIM DEFENCE Preliminary Points In this Defence and Counterclaim, except where indicated, any paragraph numbering refers to the paragraphs set out in the Particulars of Claim and not otherwise. The headings and defined terms from the Particulars of Claim are employed here purely for ease of reference, and their use is without concession as to meaning, or implication herein. Except to the extent expressly addressed below, the Defendant takes issue with the Claimant’s allegations and contentions in the Particulars of Claim, all of which are denied in full. Any matter not...

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PRECEDENTS

The purpose of a claim form A claim form is the document that initiates proceedings. It sets out key details for the case, including: the court reference number to appear on all later court documents; the parties involved in the proceedings; the relief sought or what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, usually the claimant’s solicitor. The procedural requirements on how and where to commence proceedings are in CPR Part 7. General guidance on what a claim form should contain is provided in the Practice Note: Claim form—the contents. This Precedent is accompanied by material containing suggested wording for claims concerning infringement of UK registered designs, UK unregistered designs and/or supplementary unregistered designs. The Precedent also highlights the specific issues to consider when completing a claim form for these...

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PRECEDENTS

CASE NO: [ enter case number ] [ IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS AT [ enter location ], INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE COUNTY COURT AT [ enter location ], BUSINESS AND PROPERTY WORK ] BEFORE [ [ DEPUTY ] INSOLVENCY AND COMPANIES COURT JUDGE ............................. / THE HONOURABLE [ MR/ MRS ] ]......

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PRECEDENTS

CASE NO: [ insert case number ] Either in the High Court of Justice, Business and Property Courts of England and Wales, Insolvency and Companies List ( Ch D); or in the High Court of Justice, Business and Property Courts in [ insert location ], Insolvency and Companies List ( Ch D); or in the County Court at [ insert location ] Business and Property work Before: [ DEPUTY] Insolvency and Companies Court Judge............................. The Honourable [ MR/ MRS] Justice.......................... [ DEPUTY] District Judge............................. [ HIS/ HER] Honour Judge.......................... ......

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PRECEDENTS

THIS DEED This deed is dated [ date ] Parties [ Name of surviving joint tenant of property co-owned with deceased ] of [ address ] (the Surviving Joint Tenant) [ Names of new beneficiaries of deceased’s beneficial interest in the property ] of [ addresses ] (the New Beneficiaries) [ Names of Executors ] of [ addresses ] (the Executors) BACKGROUND [ Name of deceased ] (the Deceased) passed away on [ date of death ], leaving a final Will dated [ date of last Will ] (the Will). [ Probate of the Will was issued by the [ Principal OR [ name ] District Probate ] Registry of the Family Division of the High Court to the Executors on [ date of grant ]......

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PRECEDENTS

The Schedule 1 Definitions Key terms reflect BA 2010, CFA 2017, ECCTA 2023 and MSA 2015 with related guidance. They define Adequate and Prevention Procedures, who is Associated With a party, the specified offences, and the Customer’s Policies. Supplier Associated Persons cover personnel, agents, subcontractors, subsidiaries and their associates. Anti‑bribery: comply with Bribery Laws, enforce Adequate Procedures, prohibit bribes or improper advantages, and warrant no breaches, investigations, notices or reports. Modern slavery: comply with MSA 2015 and warrant no offences, investigations or risk indicators. Anti‑tax evasion facilitation: prevent and not solicit UK/ Foreign Tax Evasion Offences, maintain reasonable Prevention Procedures, and give equivalent warranties. Prevention of fraud: avoid facilitating Fraud Offences, maintain Prevention Procedures, and give equivalent warranties. Policies and training: follow the Customer’s Policies, align procedures, provide guidance and regular training, and supply copies on request. ...

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PRECEDENTS

This Agreement is dated [ date ] Parties [ insert name of the pursuer ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Pursuer) [ and ] [ ; ] [ insert name of defender ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Defender). Each being a Party and, together, the Parties. Whereas ( A) [ Insert details of the background to the dispute eg ‘ The Parties entered into a contract for the supply of certain goods etc ]. ( B) A dispute has emerged between the Parties regarding [ insert details of the dispute ] (the Dispute). ( C) [...

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PRECEDENTS

THIS DEED THIS DEED is executed on [ date ] Parties [ Name of spouse or civil partner who is residuary beneficiary entitled under the Will ] of [ address ] (the Residuary Beneficiary) [ Names of beneficiaries of inserted NRB legacy ] of [ addresses ] (the Nil Rate Band Beneficiaries) [ Names of executors ] of [ addresses ] (the Executors) BACKGROUND ( A) [ Name of deceased ] (the Deceased) passed away on [ date of death ], having left a last Will dated [ date of last Will ] (the Will). ( B) A grant of probate in respect of the Will was issued by the [ Principal OR [ name ] District Probate ] Registry of the Family Division of the High Court to the Executors on [ date of grant of probate ]......

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PRECEDENTS

Overview This questionnaire offers an illustrative set of questions intended to gather information to assess whether a specific transaction may fall within section 3 of the Enterprise Act 2002. It does not consider whether ‘two or more enterprises have ceased to be distinct’. It is prepared on the assumption that the deal involves the acquirer purchasing the target, which is an ongoing business. Consequently, if any of the jurisdictional thresholds is met, the deal will amount to a relevant merger situation. For further guidance on the application of the UK merger control regime, see A ‘relevant merger situation’ under UK merger rules. Once it is established that the UK merger control rules apply, additional and more detailed information will be needed to conduct a substantive review of the competition issues associated with the transaction and to identify any relevant economic market...

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Popular documents

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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