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

[ Insert organisation name ] is proud of how we conduct our business. Our Code of ethics sets out the standards and policies that govern our operations and applies to everyone. Please read the Code carefully, make sure you understand it, and use it to guide your work. If you have any queries about the Code or its application, please speak with [ insert contact details ]. 1 What is fraud? 1.1 In broad terms, fraud is a criminal act involving deception or theft to secure an advantage. 1.2 The failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) covers a wide range of fraud offences carried out for the benefit of our organisation, including: fraud by false representation fraud by failing to disclose information fraud by abuse of position obtaining services...

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PRECEDENTS

STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime The Finance Act 2025 ( FA 2025), which obtained Royal Assent on 20 March 2025, enacts the removal of the remittance basis of taxation, replacing it with a residence-based framework from 6 April 2025. FA 2025 likewise substitutes domicile as the primary factor for determining liability to inheritance tax. Further measures include: Revisions to the rules that define excluded property status; The abolition of the protected settlements status of offshore trusts; and Amendments to overseas workday relief. For guidance on these developments, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. [ Your ] Will—[ name of testator ]—[ explanatory note ] This [ explanatory note ] outlines the main...

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PRECEDENTS

1 To the extent allowed by applicable law, each party undertakes that, throughout the Term, it will not, whether acting alone, or together with or through any other entity, do the following: submit any further bid to the Customer in respect of the Invitation to Tender; and/or enter into a supply agreement with the Customer for the provision of the [ Goods OR Services OR Goods and Services ] that are the subject of the Bid, unless the Customer has asked that party to bid and/or contract separately......

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PRECEDENTS

STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. The Finance Act 2025 ( FA 2025), which secured Royal Assent on 20 March 2025, enacts measures that scrap the remittance basis of taxation and bring in a residence-based framework from 6 April 2025. FA 2025 also replaces domicile as the principal determinant of inheritance tax liability. Further reforms include revisions to the rules that govern excluded property status, the removal of protected settlement treatment for offshore trusts, and adjustments to overseas workday relief. For detailed guidance, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. Also see: Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. I, [ insert full name ], of [ insert full address ], to arrange the...

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PRECEDENTS

STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 ( FA 2025), which received Royal Assent on 20 March 2025, abolishes the remittance basis of taxation and introduces a residence-based system from 6 April 2025. It also replaces domicile as the principal criterion for determining exposure to inheritance tax. Amendments to the rules for deciding excluded property status Abolition of protected settlements status for offshore trusts Changes to overseas workday relief For information on these developments, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. FORTHCOMING CHANGE relating to changes to agricultural property relief and business property relief At the Autumn Budget 2024 on 30 October 2024, the government announced a reduction in the amount of APR and BPR...

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PRECEDENTS

STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime The Finance Act 2025 ( FA 2025), which secured Royal Assent on 20 March 2025, removes the remittance basis of taxation and introduces a residence-based regime from 6 April 2025. FA 2025 also replaces domicile as the principal criterion for liability to inheritance tax. Additional measures include revisions to the rules that determine excluded property status, the abolition of protected settlements status for offshore trusts, and updates to overseas workday relief. For further detail, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. I, [ insert full name ], of [ insert full address ], to determine the devolution of my estate upon my death,...

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PRECEDENTS

STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Following Royal Assent on 20 March 2025, Finance Act 2025 ( FA 2025) introduces legislation to scrap the remittance basis of taxation and install a residence-based system, taking legal effect from 6 April 2025. Under FA 2025, domicile ceases to be the primary determinant of inheritance tax liability. Additional measures cover revisions to the rules for excluded property status, the removal of protected settlements status for offshore trusts, and amendments to the operation of overseas workday relief provisions. For further detail on these reforms, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. For timelines, see Finance Bill Tracking Service: Key dates ( Finance Bill 2025). See also Finance Act 2025. I, [ insert full name ], of [ insert full address ], in...

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PRECEDENTS

STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. The Finance Act 2025 ( FA 2025), granted Royal Assent on 20 March 2025, enacts the removal of the remittance basis of taxation and brings in a residence-based system, effective from 6 April 2025. FA 2025 additionally replaces domicile as the main criterion for determining exposure to inheritance tax. Further measures revise the rules for establishing excluded property status, abolish the protected settlements status of offshore trusts, and alter overseas workday relief. For details on these reforms, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. I, [ insert full name ], of [ insert full address ], to settle the succession to my estate upon my death,...

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PRECEDENTS

STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 ( FA 2025), which obtained Royal Assent on 20 March 2025, enacts measures to end the remittance basis of taxation and introduce a residence-based system, effective from 6 April 2025. FA 2025 likewise substitutes residence for domicile as the principal test used in establishing overall liability to inheritance tax. Further provisions include revisions to the rules for excluded property status, the removal of protected settlements status for offshore trusts, and amendments to overseas workday relief. For guidance on these reforms, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. I, [ insert full name ], of [ insert full address ], to determine the...

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PRECEDENTS

1 The Supplier recognises the Customer's obligation, under section 40A of the Equality Act 2010, to safeguard its personnel from sexual harassment by third parties and confirms that such conduct towards its staff is unacceptable, and will not tolerate such behaviour whatsoever. Since third parties (not naming the Supplier) have been identified as a potential factor heightening the risk of sexual harassment, the Customer, in order to reduce that risk, must be satisfied that where its employees interact with personnel of third party suppliers or contractors, those organisations maintain arrangements to prevent sexual harassment by their workforce. Accordingly, the Supplier undertakes to give the commitments described in clause 2......

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PRECEDENTS

Precedent: Share purchase agreement—pro-seller—corporate seller—short form Add the following terms as new definitions in clause 1 of Precedent: Share purchase agreement—pro-seller—corporate seller—short form......

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PRECEDENTS

Insert the following definitions as new definitions into the clause 1 of Precedent: Share purchase agreement—pro-seller—corporate seller—unconditional—long form......

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PRECEDENTS

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement pro-seller corporate seller conditional long form......

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PRECEDENTS

Add the following terms as new definitions to clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—short form...

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PRECEDENTS

This template action plan and monitoring log is for employers to use when taking measures to stop sexual harassment of their workforce, in line with the duty to prevent sexual harassment set out in section 40A of the Equality Act 2010 ( Eq A 2010). It forms part of a toolkit comprising: Precedent: Sexual harassment risk assessment, a template risk assessment that an employer can use to record the sexual harassment risks it identifies in the workplace; and Sexual harassment checklist for employers—steps to take, a checklist outlining some of the measures an employer may need to take to prevent sexual harassment of its staff Action plan Action Done (tick) Comments/further actions required [ Include actions from the risk assessment/checklist, e.g. staff and management training] Monitoring log Action taken Outcome ...

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PRECEDENTS

Precedent checklist to prevent sexual harassment This Precedent is an employer checklist outlining steps it may need to take to prevent sexual harassment of its workforce, to meet the duty to prevent sexual harassment in section 40A of the Equality Act 2010 ( Eq A 2010). It forms part of a toolkit comprising: Precedent: Sexual harassment risk assessment — a template to record identified sexual harassment risks within the workplace Precedent: Sexual harassment action plan and monitoring log — a template action plan and log to support steps to prevent sexual harassment Changing the work environment Purpose: To foster a zero tolerance culture and ensure staff understand the organisation treats sexual harassment as a serious matter. Have you ensured staff are familiar with the relevant policies, for example Equality, diversity and inclusion ( EDI), Bullying and harassment, Social media, and Staff...

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PRECEDENTS

Dear [ insert expert’s name ] Claimant’s name: [ insert Claimant’s full name including title ] Claimant’s address: [ insert address ] Claimant’s date of birth: [ insert date of birth ] Date of alleged negligent treatment: [ insert date ] I represent the above-named in relation to injuries said to result from alleged clinical negligence occurring on the date noted. Thank you for agreeing to prepare a report addressing breach of duty/causation/condition and prognosis [ delete as appropriate ] in this matter. Please ensure you fully comprehend any clinical guidance relevant to the issues and that you hold the necessary facts to apply such guidance correctly. You should also be familiar with Part 35 of the CPR, the Practice Direction to Part 35, and the duties and requirements for experts giving expert evidence. In that regard, please see the...

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PRECEDENTS

Dear [ insert expert’s name ] Claimant’s name: [ insert Claimant’s full name including title ] Claimant’s address: [ insert address ] Claimant’s date of birth: [ insert date of birth ] Date of alleged negligent treatment: [ insert date ] I represent the above individual in respect of injuries said to have arisen from clinical negligence on the date noted above. We are grateful that you have agreed to prepare a report addressing condition and prognosis for this matter. Kindly ensure you are familiar with Part 35 of the CPR, the Practice Direction to Part 35, together with the obligations and requirements that apply to experts giving expert evidence. For that purpose, I draw your attention to the appendix to this letter of instruction. Your function is to assist the court by offering impartial, independent opinions on issues within your...

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PRECEDENTS

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement pro-seller individual sellers conditional long form ......

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PRECEDENTS

Precedent: Sexual harassment risk assessment This Precedent offers a template sexual harassment risk assessment for employers to record the workplace risks they identify and the steps they will take to reduce those risks, as part of their wider approach to meeting the duty to prevent sexual harassment under section 40A of the Equality Act 2010 ( Eq A 2010). It forms part of a toolkit comprising: Sexual harassment checklist for employers—steps to take, a checklist outlining actions an employer may need to take to prevent sexual harassment of its staff Precedent: Sexual harassment action plan and monitoring log, a template action plan and monitoring log to support steps to prevent sexual harassment The document is prepared in Excel and cannot be downloaded to Word. The Precedent contains the following tabs/pages: an introduction a blank risk assessment for the employer to...

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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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