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
1 Specific Legacies I leave the following particular legacies, namely: 1.1 to [ insert full name ], of [ insert full address ], my [ insert details of specific bequest ]; and 1.2 to [ insert full name ], of [ insert full address ], my [ insert details of specific bequest ]......
1 Pecuniary Legacies I set out the following pecuniary bequests: 1.1 to [ insert full name ], residing at [ insert full address ], the amount of [ insert amount ]; 1.2 to [ insert full name ], residing at [ insert full address ], the amount of [ insert amount ]; and 1.3 to [ insert full name ], residing at [ insert full address ], the amount of [ insert amount ]......
1 Nil Rate Band Discretionary Trust If my [ insert spouse details ] survives me, I direct my trustees to set aside either: the maximum sum or assets on which no inheritance tax arises on my death, as trustees judge; or such lesser assets or cash as they decide. This forms the “ Discretionary Trust Fund” for any of: my [ insert spouse details ], my children and their issue, any trust created for the benefit of any of them, whether of income, capital or discretionary nature (each a “ Beneficiary”). In shares the trustees determine by minute. The trustees may by minute award legacies, residue shares, income interests or future/contingent rights in all or part of the fund, including income accumulation, capital vesting, powers to appoint income or capital, and their...
1 Revocation I annul every earlier testamentary document and direct their destruction, excluding my [ insert details of Will to covering foreign assets ]......
1 Legacy to Charity I direct that a gift of ten per cent of the baseline value of my estate, as set out in Schedule 1A of the Inheritance Tax Act 1984 or any statutory successor, be paid to [ insert charity details ]; and I state that this gift will not be less than [ minimum donation ] nor exceed [ maximum donation ], even if this cap means the reduced rate of Inheritance Tax will not apply......
1 Legacy of House I leave to [ insert full name ], of [ insert full address ], my share and interest in the dwelling at [ insert main residence address ], or in any substitute that serves as my principal home, the determination of which shall rest solely with my trustees, free from heritable liabilities and costs of conveyance, along with contents, embracing all my items for personal, domestic, household, garage, garden or leisure use, ornament or consumption, save for those separately left by me elsewhere. Should I not own the subject of this bequest at the time of my death, I leave to the said [ insert legatee details ], a pecuniary legacy in a sum equal to the net sale proceeds for which I will have disposed of my said interest, the amount of such sum being determined...
This survey aims to gauge knowledge and comprehension of our [ insert, eg fraud risk management or financial crime compliance ] policies and procedures, helping us evaluate the overall effectiveness of our controls in this area. Kindly respond honestly, as we [ will OR may ] rely on the survey outcomes to shape a review of our policies and training arrangements. Please tick your chosen answer, and add explanations where suitable. Once you have finished this survey, in full, please return it to [ insert name ]......
Property: [ insert name of property ] (‘ Property’) Landlord: [ insert name of landlord ] (‘ Landlord’) Tenant: [ insert name of tenant ] (‘ Tenant’) Guarantor: [ insert name of guarantor ] (‘ Guarantor’) Transaction: [ insert brief details eg grant of lease of office premises at [ address ] ] Executive summary Scope of report This report is addressed to you, [ insert name of tenant ], and is produced solely for your benefit in connection with the grant of a lease (‘ Lease’) of the Property by the Landlord to you. It is provided exclusively for your use and must not be disclosed to, or relied upon by, any other person without our prior written consent. We have not: carried out any physical inspection of the Property; save where expressly stated, undertaken searches, enquiries, or...
Property: [ insert name and/or address of the Property ] (‘ Property’) Landlord: [ insert name, address and (if applicable) the landlord’s company registration number ] (‘ Landlord’) Tenant: [ insert name, address and (if applicable) the tenant’s company registration number ] (‘ Tenant’) [ Guarantor: [ insert name, address and (if applicable) the guarantor’s company registration number ] (‘ Guarantor’) ] 1 Executive summary 1.1 Scope of report This report is directed to you, [ insert tenant’s name ], and is produced solely for your benefit in relation to the Landlord’s proposed grant of a lease (‘ Lease’) of the Property to you. You have advised that your intended occupation is as [ insert tenant’s proposed use ], and that you do not propose to redevelop or undertake any alterations to the Property [ (save as identified in this report) ]. This...
FAO: Company Secretary [ enter company name ] [ enter address ] Dear Company Secretary The late [ name of deceased ] Address: [ enter address of deceased ] Shareholding: [ enter the class and number of shares, along with the company name and registration number if known ] We are sorry to advise of the death of the late [ name of deceased ] [ otherwise known as [ enter other name(s) by which the deceased was known ] ], who passed away on the [ enter date of death ]......
Insert the following definitions as new definitions into clause 1 of Precedent: Asset purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Sanctioned Activity means any conduct that falls within the scope of sanctions imposed by a Sanctioning Body; Sanctioning Body means the United Kingdom, the United States of America, the European Union and any other relevant local, national or multinational governmental agency, department, official parliament, public or statutory person, or any governmental or professional body, regulatory or supervisory authority, board or other body tasked with imposing and/or administering sanctions; Sanctioned Entity means any person or entity that is, or that is owned or controlled, whether directly or indirectly, by a person or entity that is, the subject of sanctions imposed by, or appears on a designated sanctions list maintained by, a Sanctioning Body, and in this clause 1, the...
Insert the following definitions as new definitions into clause 1 of Precedent: Asset purchase agreement—pro-buyer—corporate seller—unconditional—long form: 1 Definitions and interpretation Sanctioned Activity means any activity that is subject to sanctions applied by a Sanctioning Body; Sanctioning Body means the United Kingdom, United States of America, European Union, and any other relevant local, national or multinational governmental agency, department, official parliament, public or statutory person, or any governmental or professional body, regulatory or supervisory authority, board or other body tasked with imposing and/or administering sanctions; Sanctioned Entity means any person or entity that is, or that is owned or controlled, whether directly or indirectly, by a person or entity that is, the subject of sanctions imposed by, or included on a designated sanctions list of, a Sanctioning Body, and in this clause 1, the words ‘owned or...
Add the following definitions as additional definitions in clause 1 of Precedent: Asset purchase agreement—pro-seller—corporate seller—conditional—long form: 1 Definitions and interpretation Sanctioned Activity means any conduct subject to sanctions enforced by the Sanctioning Body; Sanctioning Body means the United Kingdom, United States of America, European Union and any other relevant local, national or multinational governmental agency, department, official parliament, public or statutory person, or any governmental or professional body, regulatory or supervisory authority, board or other body tasked with imposing and/or administering sanctions; Sanctioned Entity means any person or organisation that is, or that is owned or controlled, directly or indirectly, by a person or organisation that is, the target of sanctions imposed by, or on a designated sanctions list by, a Sanctioning Body, and in this clause 1, the words ‘owned or controlled directly or indirectly’ bear the meaning ......
1 Definitions and interpretation Sanctioned Activity: activity subject to sanctions by a Sanctioning Body; Sanctioning Body: the UK, United States of America, EU, and any other competent authority imposing or administering sanctions; Sanctioned Entity: any person or entity sanctioned or designated by a Sanctioning Body, or owned or controlled (directly or indirectly) by one that is; Sanctions Laws: law on a Sanctioned Activity applying to either Party or this Agreement’s performance; Sanctions Policy: the Seller’s sanctions policy in Appendix [ insert Appendix number ], as updated and notified to the Buyer; 1.3 The Seller During this Agreement, the Seller and each member of the Seller’s Group [ , including their officers, employees, agents or sub-contractors, ]: is not a Sanctioned Entity; has not been notified of an investigation into a Sanctioned Activity; is unaware of...
Insert the following definitions as new definitions into clause 1 of Precedent: Asset purchase agreement—short form: 1 Definitions and interpretation Sanctioned Activity • means any act subject to sanctions imposed by the Sanctioning Body; Sanctioning Body • includes the United Kingdom, United States of America, European Union, plus any other relevant local, national or multinational governmental agency, ministry, official parliament, public or statutory person, or any governmental or professional body, regulator or supervisory authority, board or other entity charged with imposing and/or administering sanctions; Sanctioned Entity • denotes any individual or organisation that is, or that is owned or controlled ......
Variations can also push back the completion date, and may give the Claimant a right to extra time and to prolongation costs. These elements of a variation claim are commonly pursued separately, as an extension of time claim and a prolongation costs claim. By way of illustration, the principal JCT forms provide distinct procedures: one for pricing the changed work, and another for evaluating loss and expense arising from the variation’s effect on the progress of the works (see Practice Note: JCT contracts—variations — Valuing variations under JCT contracts). Accordingly, Claimants should take care not to ‘double dip’ across the separate elements of the claims. No. Description of Variation Claimant’s case Defendant’s response Judge/ Tribunal comments The Claimant intended to adopt slab foundations for block A, as depicted on the Claimant’s drawing reference XX dated XX. By email dated XX, the Defendant directed the use of...
1 General information Date of this report: [ Insert date ] Date of the previous report: [ Insert date ] Name and status of person submitting report: [ Insert name and status, eg Head of risk ] 2 Action points arising from last report Action point: [ Action point ] Person responsible: [ Identify person responsible for this action point ] Status: [ Insert status ] Action point: [ Action point ] Person responsible: [ Identify person responsible for this action point ] Status: [ Insert status ] ...
Share purchase agreement—super short form Add the following definitions as fresh definitions to clause 1 of Precedent...
Date: [ insert date ] From: [ Insert name and job title ] Official statistics indicate that fraud is the most prevalent offence in the UK. As an organisation, we could be exposed to fraud unless we treat the risk with care and prudence. Managing this risk seriously and sensibly is essential to protect our business. We also face liability for the corporate offence of failure to prevent fraud carried out for our benefit, introduced by the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) and effective from 1 September 2025, which carries severe penalties. This offence operates alongside existing fraud law, so the individual who committed the fraud can be prosecuted personally for the fraud, while our organisation is prosecuted for failing to prevent it. Our fraud risk management policy and associated procedures are our first line of defence, both in...
FORTHCOMING CHANGE: Potential changes to Wills Act 1837 The Law Commission’s review of Wills has released its final report dated 16 May 2025, and Volume II sets out a draft bill proposing replacement of the Wills Act 1837. For information about these proposals, including the published draft legislation, see Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: draft Bill for a new Wills Act. 1 Revocation I, [ full name of testator ], of [ address of testator ], revoke every prior testamentary disposition made by me [ to the extent, and only so far, as they relate to my property of every description within the United Kingdom of Great Britain and Northern Ireland ] and state that this is my final Will. [ I also revoke any earlier appointments of guardians of my minor children made by me before the date of this...
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 ]...