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
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 The High Court of Justice, Business and Property Courts in [ insert location ], Insolvency and Companies List ( Ch D); or 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 .......................... ......
This outlines the nine principal stages in a decision-making process and points to decision-making tools that can support different stages along the way. It may be used in conjunction with Precedents: Decision-making guide and Decision-making framework. Information and analysis for all nine stages can be captured and consolidated within Precedent: Decision-making framework. Note 1 Stage 1 is where you define the problem or issue you intend to address, explain why a decision is required, and set out the outcomes you expect to achieve from that decision. Note 2 Stage 2 involves identifying any alternative options or solutions to your problem or issue—depending on the situation there may be a large......
This Precedent (also known as a decision matrix) It serves as a way to appraise the alternative choices you have surfaced against a benchmark, for example the system or process you rely on at present. This tool proves helpful when confronted with possibilities, which may include keeping the status quo, and you require guidance to determine which is the most suitable. The scorecard allows you to rate each option against key criteria to decide whether a single route is viable, or to review a range of options that are not quite right, identify the strongest elements of each, and combine them to create a hybrid option......
Use this in conjunction with our Decision-making guide, which outlines our organisation’s approach to decision-making and explains why we have such a process in place. We recognise that colleagues make decisions at work every day. We do not expect you to follow the Decision-making guide and this framework for minor or operational business decisions, though some of the principles in this framework may prove helpful in day-to-day practice. The Decision-making guide and framework should be applied whenever a significant business decision is required, so that such choices are grounded in evidence and logic. A significant business decision is one that [ insert your criteria, eg may have a significant effect on our business, operations, staff, customers or external stakeholders ], eg [ insert examples eg a decision to proceed with a key project or business initiative, a decision relating to a complex...
1 Introduction 1.1 This Guide outlines our organisation’s approach to decision-making and includes: 1.1.1 the reasons we have introduced a Decision-making framework 1.1.2 how we approach decision-making 1.1.3 when the Decision-making framework should be applied 1.1.4 which decision-making tools are available to support you 2 Why do we have a Decision-making framework? 2.1 Our Decision-making framework offers a clear and structured method to follow, helping us to make sound business decisions that align with our organisational goals......
This Precedent assists in determining decision-making authority for each and every area of your organisation...
1 Your details Full name [ enter name ] Position [ enter role ] Department [ enter department ] Date [ enter date ] 2 Decision details What outcome must we decide upon at this stage? By which date is a final decision required......
DORA SCHEDULE 1 Definitions and interpretation This Schedule prevails where inconsistent, without limiting stricter Supplier duties or stronger Customer rights. Permitted Locations: Services and Customer Data handled only in agreed locations; 30 days’ written notice for any change. Customer Data: protected to Industry Practice for availability, authenticity, integrity and confidentiality; treated as confidential. Access/return: on termination, expiry or Supplier failure, data must be retrievable/transferable in accessible formats and securely erased within set times. Service Levels: meet defined KPIs/metrics; tighter targets where critical or important functions apply. ICT Incidents: notify within 24 hours; provide information and assistance for regulatory reporting. Co‑operation and compliance: fully engage with Regulatory Bodies; provide requested information; maintain LEI/ EUID; attend security awareness and digital operational resilience training. Critical ICT third‑party designation: if designated and not...
CASE NO: [ insert case number ] [ WITHIN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INSOLVENCY AND COMPANIES LIST ( Ch D); ALTERNATIVELY, AT THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS IN [ insert location ], INSOLVENCY AND COMPANIES LIST ( Ch D); OR AT COUNTY COURT SITTING AT [ insert location ], BUSINESS AND PROPERTY WORK ] BEFORE [ DEPUTY] INSOLVENCY AND COMPANIES COURT JUDGE......
[ HEADED NOTEPAPER ] [ NAME and ADDRESS OF CHARITY ] [ DATE ] [ ADDRESS OF CHARITY ] [ By email ] Dear [ NAME OF APPOINTEE ] Your appointment as trustee of [ INSERT CHARITY NAME ] This is to confirm your appointment as a trustee [ and director ] of [ FULL NAME OF CHARITY INCLUDING WORKING NAME/ ACRONYM ], a [ registered charity in England and Wales ([ CHARITY REGISTRATION NUMBER ]) ] [ and ] [ a company, registered under number [ NUMBER ] ]. Warm congratulations; my fellow trustees and I are keen to work with you. [ You will be appointed as a charity trustee [ and director ] with effect from [ DATE ], subject to the satisfactory completion of background and eligibility checks, and on receipt of all required documents enclosed with this letter: [ INSERT...
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 IN [ 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] JUSTICE.......................... / [ DEPUTY] DISTRICT JUDGE............................. / [ HIS/ HER] HONOUR JUDGE.......................... ] DATED [......
Overview Joint ventures cover a wide spectrum of commercial arrangements, from merger-style integrations to co-operation confined to particular functions such as production, distribution, or research and development ( R& D). This questionnaire seeks sufficient detail about the joint venture’s activities to enable an initial assessment of whether it is a full-function joint venture for the purposes of the EU Merger Regulation ( Council Regulation No 139/2004 on the control of concentrations between undertakings). If it is a full-function venture with an EU dimension (meaning the turnover thresholds are satisfied), the joint venture must be notified to the European Commission (the Commission) and cannot proceed until the Commission has found it compatible with the internal market. If the joint venture is not full-function and operates as a partnership that is, to a large extent, dependent on its parent companies, the...
[ NAME OF PROJECT ]: REFERENCE OF A DISPUTE TO THE DAAB UNDER CLAUSE 21.4 DAAB Reference No. DAAB Reference No. [ Number of reference ] | [ Date ] Referring Party [ Name of Party 1 ] [ Address ] [ Telephone/ Fax No. ] [ Email address ] [ ON THE HEADED NOTEPAPER OF THE REFERRING PARTY ] Responding Party [ Name of Party 2 ] [ Address ] [ Telephone/ Fax No. ] [ Email address ] The DAAB [ Name of DAAB Chairperson ] — [ Address ] — [ Telephone/ Fax No. ] — [ Email address ] [ Name of DAAB Member 2 ] — [ Address ] — [ Telephone/ Fax No. ] — [ Email address ] [ Name of DAAB Member 3 ] — [ Address ] — [...
[ NAME OF PROJECT ] NOTICE OF DISSATISFACTION WITH THE DAAB’ S DECISION DAAB Case No....
THIS AGREEMENT Made on [ date ]. Parties [ Insert name of party ] [ of OR trading as [ insert trading name ] of OR a company incorporated in [ insert place of incorporation, e.g. England and Wales ] with company number [ insert registered number ], whose registered office is at [ insert address ] ] (the Supplier); and [ Insert name of party ] [ of OR trading as [ insert trading name ] of OR a company incorporated in [ insert place of incorporation, e.g. England and Wales ] with company number [ insert registered number ], whose registered office is at [ insert address ] ] (the Customer). Together, the Supplier and the Customer are the parties, and each of them is a party. background The Supplier is engaged in the business of providing [ insert...
Special conditions of sale Provided that all GENERAL CONDITIONS and SPECIAL CONDITIONS are SALE CONDITIONS (as defined in the glossary), any text that is not within square brackets and not italicised forms the SPECIAL CONDITIONS for the relevant LOT. ( Any cross-references to CONDITIONS in the template below are included for convenience only and are not comprehensive.) LOT Number [ insert ] SELLER’s name and address [ Undisclosed—to be identified in the SALE MEMORANDUM. OR [ insert name of seller ] of [ insert address of seller ] ] SELLER’ S conveyancer: name, address and reference [ insert name ] of [ insert address ] [ insert reference ] Short description of the LOT (see CONDITION G1.1) [ insert postal address ] Rights to be granted (see CONDITION G1.1) [ None OR [ Insert details ] ] Rights to be...
Note Apart from the court heading, this Precedent is prepared from the standpoint of an application seeking permission to serve outside the jurisdiction, brought by a liquidator......
Danish SCCs A set of Standard Contractual Clauses ( SCCs) designed to meet Article 28(3) of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), specifically addresses contractual arrangements between controllers and processors and was formally issued by the Danish data protection supervisory authority (the Danish SCCs). Their release followed an opinion from the European Data Protection Board ( EDPB). The Danish SCCs are distinct from SCCs that concern cross-border international personal data transfers under Chapter V of the EU GDPR......
In the First-tier Tribunal ( Immigration and Asylum Chamber) Appeal No: XXXAPPLICANT NAME – Appellant ANDSECRETARY OF STATE FOR THE HOME DEPARTMENT Application for costs under 9 (2) of the Tribunal Procedure ( First-tier Tribunal) ( Immigration and Asylum Chamber) Rules 2014, SI 2014/2604 1 Introduction This application is brought pursuant to paragraph 9 (2) (b) of The Tribunal Procedure ( First-tier Tribunal) ( Immigration and Asylum Chamber) Rules 2014, SI 2014/2604. The appellant seeks a costs order on the basis that the respondent has behaved unreasonably in the conduct of these proceedings. 2 This application has been made in-time, within 28 days of the date of [ insert relevant event or decision ] and has been served on the respondent. 3 Background The appellant is pursuing an appeal against a refusal of her human rights claim. A’s claim was refused on [ insert date ] and an appeal was...
Precedent ICT (information and communication technology) risk assessment and risk management plan This Precedent ICT (information and communication technology) risk assessment and risk management plan lets you record risks linked to any proposed ICT development and explain how those risks will be handled. It is pre-populated with examples, which you can easily delete if needed......
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 ]...