Legal Precedents

Template forms and clause banks help you stay aligned with current best practice and the latest law
 law
GET A TRIAL

Featured documents

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

Read More Right Arrow
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

Read More Right Arrow
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 ]

Read More Right Arrow
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

Read More Right Arrow

Most recent Precedents

Clear all filter
PRECEDENTS

1 Introduction 1.1 A pandemic refers to the global spread of a new illness. A viral pandemic occurs when a novel virus emerges and transmits across countries, with most people having no immunity. Examples include the 2009 H1N1 influenza pandemic and the Coronavirus ( COVID-19) pandemic from 2020 onwards. 1.2 This pandemic management strategy details [ insert company name ]’s approach to managing a pandemic. The effects of outbreaks on individuals, organisations and wider society can be reduced through effective readiness. This requires a comprehensive plan that is regularly reviewed and refined. 1.3 In light of potential pandemic threats, [ insert company name ] continually monitors risks in the countries where [ insert company name ] already operates. In addition, [ insert company name ] has developed a high-level pandemic management strategy, outlined in this document. 2 Pandemic management team 2.1 A Pandemic management team has been created [ for each...

Read More Right Arrow
PRECEDENTS

The issue Sadly, pandemics trigger spikes in criminal online activity; such crises give fraudsters a hook to target people across the globe. As many of us work remotely, we must stay alert to cyber-attacks against both home and workplace systems. Throughout the coronavirus pandemic, criminals are exploiting the situation to pose as local or national governments, regional or global health organisations, and trusted news outlets. Beyond phishing emails, they are also using: text messages to mobiles claiming to be from official bodies, e.g. the UK Government; bogus pandemic-themed websites that deliver malware and malicious apps; impostors pretending to be VPN or portal support to harvest employee credentials. What we need from you It remains essential to use only standard procedures and company-issued IT tools during a pandemic. Any variations to our processes must be fully recorded, reviewed and approved by...

Read More Right Arrow
PRECEDENTS

Notice of a Tax Event/ Tax Event Upon Merger [ Insert introductory wording ] We hereby give you formal notice of the following matters: [ Provide a reasonably detailed account of the facts leading to the Tax Event/ Tax Event Upon Merger and clearly identify the Affected Transactions. Your narrative should be sufficiently specific and in alignment with the wording of section 5(b)(ii) or (iii), enabling the counterparty to reasonably comprehend the basis for, and rationale behind, your determination as applicable.]......

Read More Right Arrow
PRECEDENTS

Notice designating an Early Termination Date following a Credit Event Upon Merger/ Additional Termination Event/ Tax Event Upon Merger where Burdened Party is not Affected Party [ Insert Lead-in Language ] We hereby give notice that the following matters have occurred: [ Set out, with an appropriate level of specificity, the facts and circumstances that result in the Credit Event Upon Merger/ Additional Termination Event/ Tax Event Upon Merger in which the Burdened Party is not the Affected Party, and identify the Affected Transactions. Your explanation should be detailed enough and expressly linked to the relevant wording of Section 5(b) or the Additional Termination Event provision so that the counterparty can reasonably understand the basis for your determination. ]......

Read More Right Arrow
PRECEDENTS

Notice designating an Early Termination Date following a Tax Event/ Tax Event Upon Merger [ Insert Lead-in Language ] [ Tax Event Termination Event OR Tax Event Upon Merger Termination Event ] We refer to our notice dated [ insert date ] (the ' Original Notice'), which advised you of the occurrence of [ a Tax Event Termination Event in respect of which we are the sole Affected Party OR a Tax Event Upon Merger Termination Event in respect of which we are both the Burdened Party and the Affected Party OR a Tax Event Termination Event in respect of which both we and you are Affected Parties ] for the purposes of the Agreement......

Read More Right Arrow
PRECEDENTS

Notice designating an Early Termination Date following a Credit Event Upon Merger/ Additional Termination Event/ Tax Event Upon Merger where Burdened Party is not Affected Party [ Insert Lead-in Language ] We hereby give notice of the following circumstances: [ Provide, to a reasonable level of detail, the facts and context that result in the Credit Event Upon Merger/ Additional Termination Event/ Tax Event Upon Merger where the Burdened Party is not the Affected Party, and specify the Affected Transactions. Your explanation should be sufficiently thorough and expressly connected to the relevant wording of Section 5(b) or the Additional Termination Event provisions so that the counterparty can reasonably be expected to understand the basis for your determination ]......

Read More Right Arrow
PRECEDENTS

Notice designating an Early Termination Date following a Tax Event/ Tax Event Upon Merger [ Insert Lead-in Language ] [ Tax Event Termination Event OR Tax Event Upon Merger Termination Event ] We refer to our notice of [ insert date ] (the ' Original Notice'), by which we advised you of the occurrence of [ a Tax Event Termination Event in relation to which we are the sole Affected Party OR a Tax Event Upon Merger Termination Event in relation to which we are both the Burdened Party and the Affected Party OR a Tax Event Termination Event in relation to which we and you are both Affected Parties ] for the purposes of the Agreement......

Read More Right Arrow
PRECEDENTS

Notice designating an Early Termination Date following an Event of Default [ Insert Lead- In Language ] An Event of Default under the Agreement has arisen with respect to you under one or more of the following provisions: Section 5(a)(i) ( Failure to Pay or Deliver) Section 5(a)(ii) ( Breach of Agreement; Repudiation of Agreement) Section 5(a)(iii) ( Credit Support Default) Section 5(a)(iv) ( Misrepresentation) Section 5(a)(v) ( Default under Specified Transaction) Section 5(a)(vi) ( Cross Default) Section 5(a)(vii) ( Bankruptcy) Section 5(a)(viii) ( Merger Without Assumption) The particulars of the Event of Default appear below: [ Insert description of the relevant Event of Default, see Exhibits to this template notice for examples of descriptions of different Events of Default under the Agreement ] If Bankruptcy has occurred and Automatic Early Termination applies: Automatic Early...

Read More Right Arrow
PRECEDENTS

Notice designating an Early Termination Date following an Event of Default [ Insert Lead- In Language ] An Event of Default under the Agreement has arisen with respect to you in relation to: Section 5(a)(i) ( Failure to Pay or Deliver) Section 5(a)(ii) ( Breach of Agreement) Section 5(a)(iii) ( Credit Support Default) Section 5(a)(iv) ( Misrepresentation) Section 5(a)(v) ( Default under Specified Transaction) Section 5(a)(vi) ( Cross Default) Section 5(a)(vii) ( Bankruptcy) Section 5(a)(viii) ( Merger Without Assumption) The particulars of the Event of Default are set out below: [ Insert description of the relevant Event of Default, see Exhibits to this template notice for examples of descriptions of different Events of Default under the Agreement ] Where Bankruptcy has occurred and Automatic Early Termination applies: Automatic Early Termination has been specified as applicable to you in the...

Read More Right Arrow
PRECEDENTS

Notice designating an Early Termination Date following a Force Majeure Event [ Insert Lead-in Language ] We hereby refer back to our notice dated [ insert date ] (the ' Original Notice'), formally advising you that a Force Majeure Event has occurred and that it constitutes a Termination Event for the purposes of the Agreement. Waiting Period [ No Waiting Period is expressly applicable to the Force Majeure Event, as it arose under Section 5(b)(ii)(2), specifically in relation to a payment, delivery or compliance obligation that was due on the date of the Original Notice. A Waiting Period did apply to the Force Majeure Event and ended [ on [ insert date ] OR on or before the date of this notice ] ......

Read More Right Arrow
PRECEDENTS

Notice designating an Early Termination Date following an Illegality Termination Event [ Insert Lead-in Language ] We refer to our notice of [ insert date ] (the ' Original Notice'), which advised you of the occurrence of an Illegality Termination Event. Waiting Period [ [ No Waiting Period is applicable in relation to the Illegality Termination Event, as it arose under Section 5(b)(i)(2), but concerns a payment, delivery or compliance obligation that was due on the date of the Original Notice......

Read More Right Arrow
PRECEDENTS

Notice of a Force Majeure Event [ Insert lead-in wording ] We hereby give notice to you that the following matters have arisen and are in effect: [ Set out, with a suitable degree of specificity, the facts giving rise to the Force Majeure Event, including the particular force majeure occurrence or act of state. Your narrative should be sufficiently detailed and aligned with the wording of Section 5(b)(ii) so that the counterparty can reasonably understand the basis for your determination. ] This serves as notice pursuant to Section 6(b)(i) of the Agreement. For the avoidance of doubt, this notice does not fix or nominate an Early Termination Date under the Agreement......

Read More Right Arrow
PRECEDENTS

Notice of an Illegality [ Insert Lead-in Language ] We hereby notify you that the following situation has arisen: [ Set out, with appropriate specificity, the facts and circumstances giving rise to the Illegality. Your account should be sufficiently detailed and linked to the wording of Section 5(b)(i) so that the counterparty could reasonably be expected to understand the basis for your determination. ]......

Read More Right Arrow
PRECEDENTS

Notice of an Illegality [ Insert Lead-in Language ] We formally advise you that the events set out below have occurred: [ Provide, with appropriate specificity, the facts and conditions that result in the Illegality. Your description must be detailed enough and aligned with the language of Section 5(b)(i) so that the other party can fairly and clearly understand the basis for your conclusion......

Read More Right Arrow
PRECEDENTS

Notice of Failure to Pay [ Insert Lead-in Language ] Pursuant to Section 2(a)(i) of the Agreement, you were obliged to provide, on [ insert settlement date ] [ a payment in the amount of [ insert currency and amount ] OR the [ delivery of [ insert description of assets to be delivered ] ] ] ......

Read More Right Arrow
PRECEDENTS

Closing language Should you have any questions about this notice, kindly contact [ insert name and role with contact details ]...

Read More Right Arrow
PRECEDENTS

Heading and lead-in language [ Letterhead of Party A ] To: [ Insert Party B Legal Name ] Address: [ as per ISDA Schedule ] FAO: [ Insert if in the ISDA Schedule ] Date: [ Insert date of notice ] Delivery: [ [ By Hand ]/[ By Courier ]/[ By registered post ]/[ Other ] ]; Also: [ By email to [ insert address ]/ By fax to [ insert fax number ] ] Copy to: [ Insert if ISDA Schedule requires a copy, or if helpful (eg an insolvency officer, investment manager, trustee of Party B) ]; Address/ FAO/ Delivery/ Also: [ as per ISDA Schedule ] [ Insert title of notice ] Re: [ 1992 ISDA Master Agreement ( Multicurrency— Cross Border) OR ISDA 2002 Master Agreement ] dated [ Insert Date ] [ with the [ Credit Support Annex ]/[ Credit Support Deed ]/[ Other ]...

Read More Right Arrow
PRECEDENTS

[ Enter name and address of the buyer’s donor ] [ Enter name and address of the buyer’s lender ] [ Enter date ] Dear [ enter name of lender ] Declaration of gifted deposit in respect of the proposed purchase of [ insert the address of the property which is to be purchased ] (the Property ) Kindly treat this correspondence as confirmation that [ I OR we ], [ enter name(s) of donor(s) ] of [ enter address of donor(s) ], will provide the sum of [ enter total amount of money being given for the deposit in numbers and words ] to [ my OR ]......

Read More Right Arrow
PRECEDENTS

This document offers general guidance on applying for financial provision after an overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984, or following an overseas dissolution under Sch 7 to the Civil Partnership Act 2004. Your family lawyer can provide advice tailored to your circumstances. Basics Under Part III of the Matrimonial and Family Proceedings Act 1984 ( MFPA 1984), or the equivalent provisions of the Civil Partnership Act 2004 ( CPA 2004), spouses or civil partners whose marriage or civil partnership has been brought to an end abroad and who have a connection with England and Wales may seek the financial remedies available in England and Wales, where the court considers it appropriate to make such orders. Either party can apply where the marriage or civil partnership has been dissolved or annulled, or where a legal separation has been granted...

Read More Right Arrow
PRECEDENTS

These guidance notes sit alongside our CDD customer risk assessment form and outline the points you ought to weigh up for every section. Instructions for completion When must this form be completed? Complete this form for every new customer [ to whom our AML, CTF and counter-proliferation financing policy applies. If you are uncertain whether the policy is in scope, please obtain advice from [ state who ] ] ......

Read More Right Arrow

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

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...

Read More Right Arrow

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 ...

Read More Right Arrow

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 ]...

Read More Right Arrow

Discover more from LexisNexis