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

1 Sanctions (long form) For clause 1, the following terms are to be interpreted as set out below: Losses means all damages, liabilities, demands, costs and expenses [including all legal and other professional fees, costs and expenses], claims, actions and proceedings [(including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation))]; Sanctioned Activity means any activity that falls within sanctions imposed by a Sanctioning Body; Sanctioning Body means the United Kingdom, United States of America, United Nations, European Union and any other applicable local, national or multinational government agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for imposing and/or administering...

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PRECEDENTS

1 Anti-tax evasion facilitation Defined terms take their meanings from Part 3 of the Criminal Finances Act 2017. Corporate Failure to Prevent Tax Evasion Facilitation Offence means offences under sections 45 and/or 46 CFA 2017. Policies are the Customer’s anti‑tax evasion facilitation policies. Supplier Associated Person means the Supplier’s officers, employees, agents, subcontractors, subsidiaries, and persons Associated With them involved in the Services or this Agreement. The Supplier shall ensure neither it nor any Supplier Associated Person commits, causes or facilitates any UK or Foreign tax evasion offence, or the corporate failure to prevent offence, and shall not solicit such conduct in connection with the Services or this Agreement. The Supplier shall comply with the Policies and ensure Supplier Associated Persons do so; maintain reasonable Prevention Procedures; implement top‑level endorsed policies; deliver regular training; vet Supplier Associated Persons; keep accurate records of requests, permitted reports,...

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PRECEDENTS

1 Introduction 1.1 This policy explains the Company’s approach to sharing tips, gratuities and service charges (collectively referred to as ‘tips’ for simplicity), in accordance with the Employment ( Allocation of Tips) Act 2023 ( Tipping Act 2023) and the statutory Code of Practice. It outlines how tips will be distributed amongst staff, the process we will adopt, and the timing of payments. 1.2 This policy covers: 1.2.1 cash tips left by customers; 1.2.2 [ [ discretionary ] service charges added to the customer’s bill and paid by the customer; ] 1.2.3 tips paid by card, or via an alternative electronic method eg mobile phone app. 1.3 This policy applies to all employees, workers and agency workers engaged by us [ in our restaurant(s) ]. It will be made available to all our staff [ on the Company intranet OR in the...

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PRECEDENTS

This Agreement is entered into on [ date ] Parties [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] ( Party 1); and [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] ( Party 2), each of Party 1 and Party 2 being a party and, together, the parties. BACKGROUND Party 1 supplies [ insert description of goods and/or services ]. Party 2 supplies [ insert description of goods and/or services ]. The parties intend to submit a Bid as a joint tender to the Customer in answer to the...

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PRECEDENTS

This Deed is dated [ insert date ] 20[ insert year ]... Parties [ Insert name of Chargor ], a company incorporated in England and Wales with registered number [ insert company number ], whose registered office is at [ insert address ] (the Chargor); and [ insert name of Lender ] of [ insert address ] (the Lender ). Recitals The Lender has agreed to make a loan facility available to the Chargor on the terms and conditions set out in the Facility Agreement (as defined below). As a condition precedent to the availability of that loan facility, the Chargor must enter into this Deed to provide security in favour of the Lender in respect of the Secured Obligations (as defined below)......

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PRECEDENTS

These notes and specimen documents make up an automatic enrolment ( AE) pack created to assist employers—including small and micro-employers—in meeting the duty to enrol employees into an AE scheme... ( A) Notes about AE (i) the statutory obligation (ii) financial thresholds and limits (iii) the statutory and other key terms ( B) Documents (i) letters (ii) notices (iii) the employment contract—sample pension clauses AE scheme providers generally issue the core letters and notices, though not always everything required in every relevant situation, and typically none where an employer fulfils the AE duty by...

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PRECEDENTS

IN THE [ INSERT COURT ] COURT Claim No [ claim number ] BETWEEN:— [ CLAIMANT’ S NAME ] Claimant and [ DEFENDANT’ S NAME ] Defendant PARTICULARS OF CLAIM The Claimant’s date of birth is [ insert date ]. Throughout the relevant period, the Claimant was under the care of the Defendant, a self-employed general dental practitioner working from premises at [ insert address ] (“the clinic”), who represented [ himself OR herself ] as an experienced, proficient and competent dental professional. The Claimant initially attended an appointment with the Defendant on [ insert date ] for [ insert details of treatment ]. In brief, the Claimant contends that the dental care delivered to [ him OR her ] between [ insert dates ] was negligent as set out in these Particulars of Claim. Consequently, [ insert details of...

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PRECEDENTS

These explanatory notes sit alongside our CDD matter risk assessment form and offer guidance on what to consider in each section. Instructions for completion When do you have to complete this form? A CDD risk assessment form must be completed for every new matter [ to which our AML, CTF and counter-proliferation financing policy applies. If you are unsure whether the policy applies, please seek guidance from [ state who ] ] . This requirement also covers fresh instructions from current clients. Why do you have to complete this form? We are obliged to carry out CDD [ where the AML, CTF and counter-proliferation financing regime applies ] . CDD means establishing and confirming the client’s identity (unless already on our records) and evaluating the purpose and intended nature of the matter. Our approach must be proportionate to the degree of risk presented by the specific client and the...

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PRECEDENTS

I, [ name of prospective Tribunal Secretary ], hereby agree to serve as Tribunal Secretary to the Arbitral Tribunal [ name of Arbitral Tribunal ] in the arbitration case [ name of arbitration case ] between [ name of party ] and [ name of party ] I undertake to comply with the [ X Arbitration Rules, Practice Note, Terms of Appointment of the Arbitral Tribunal, etc ]. By this confirmation, I state that I have acquainted myself with the principles, standards and requirements contained in the above instruments. I shall carry out organisational and administrative responsibilities, including: curating and keeping the Arbitral Tribunal’s file and retrieving documents; arranging hearings and meetings and liaising with the Parties in that regard; preparing correspondence to......

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PRECEDENTS

[ To be typed on employer’s headed notepaper ] [ Insert date ] Dear [ insert name of employee ] I am writing regarding your recent application, dated [ date ], that you submitted to take carer’s leave for [ insert period requested, up to one week ], spanning [ date ] to [ date ], in order to [ insert details of the reason(s) for the employee’s request, if these have been disclosed ]. As previously discussed in our conversation, the Company considers that approving carer’s leave in the period requested would unduly disrupt our business operations. This is because [ set out reason(s) ]. After consulting with you, and on that basis, we have reached agreement that you will take the leave from [ date ] to [ date ] instead. If you have any queries, please do not hesitate to contact me...

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PRECEDENTS

An e-signature, or a signed signature page transmitted by email, shall carry the same effect as an original signature page executed in wet ink. Execution of this Agreement by email, or through any other electronic method, shall be regarded as valid execution by the parties and shall constitute effective execution of this Agreement. The parties may rely on such electronic signatures in lieu of wet-ink signature page(s) of this Agreement for any and all purposes......

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PRECEDENTS

Appropriate contract selection We’d like to outline how you should choose the building contract for [ insert name/description of the project ]. To begin with, the form you adopt must suit the sector to which the works belong. Across the UK there exists a range of published standard forms, and their use is determined mainly by the character of the works—namely whether they concern the construction of buildings, infrastructure or civil engineering undertakings, energy projects, chemical or process plant works, or disciplines focused on electrical and mechanical engineering. Select a contract aligned to the relevant sector and the type of works proposed......

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PRECEDENTS

These guidance notes sit alongside our CDD client risk assessment form and outline what to consider in each section. Instructions for completion When do you have to complete this form? You are required to complete this form for every new client [ to whom our AML, CTF and counter‑proliferation financing policy applies. If you are unsure whether the policy applies, please obtain guidance from [ state who ] ] .......

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PRECEDENTS

1 General Date of record [ Insert date ] Name and position of the individual completing this form [ Insert name ] [ Insert job title ] Reference number for the client/matter [ Insert number ] Responsible fee earner [ Insert name ] Client’s name [ Insert name ] Description of the matter [ Insert description ] 2 Ongoing monitoring Question Answer Date ......

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PRECEDENTS

1 Introduction 1.1 This policy explains how [ insert name of organisation ] (the Company) will handle the statutory entitlement that permits employees to take unpaid time away from work to organise or provide care for a dependant with a long-term care need, and sets out the steps you should follow if you need to request this leave. 1.2 [ This policy applies solely to employees. It does not extend to agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] and casual workers. ] 1.3 This policy has been [ agreed OR introduced following consultation ] with [ [ enter name of relevant trade union(s) ] OR [ enter name of works council ] OR [...

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PRECEDENTS

This Precedent enables you to record any further steps you must take to mitigate and oversee identified fire risks. It serves as a supplement to Precedent: Fire safety arrangements record and evacuation plan. Select here to access the Precedent. Be aware that this Precedent is supplied as an Excel spreadsheet, therefore it cannot be downloaded into Word in that format......

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PRECEDENTS

This document sets out general guidance about the protection of home rights only. Your family lawyer will be able to offer specific advice tailored to your particular circumstances, as necessary. Home rights During the course of a marriage or civil partnership, where one of you is entitled to occupy a property, if your name is not recorded on the title to the property at HM Land Registry ( HMLR), you are entitled to apply to register home rights (formerly known as matrimonial home rights) at HMLR as a charge against the property. The provisions governing home rights are contained in the Family Law Act 1996 ( FLA 1996). Home rights permit occupation of the property only; they confer no ownership of any kind in the family home, and they do not operate to exclude anyone else from the property—they are rights personal to you,...

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PRECEDENTS

Lease provisions and clauses Better Buildings Partnership The Better Buildings Partnership ( BBP) has produced template green lease clauses that span a wide range of topics, including: Definitions Co-operation obligations Building management groups Social impact Sustainable use Data sharing and metering Smart buildings Extending the landlord’s rights to carry out works Restricting the landlord’s right to undertake works that could diminish environmental performance Changes to the tenant’s ability to make alterations Energy Performance Certificates ( EPCs) Reinstatement of tenant’s alterations Rent review Circular economy principles for landlord and tenant works Standards Renewable energy Dispute resolution For more, see BBP: Better Buildings Partnership— Green lease toolkit and Practice Note: Green leases— BPP toolkit—the model green lease clauses......

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PRECEDENTS

[ Date ] [ Client's name and address ] Dear [ insert client name ] Re: Injunctive relief I write to advise you regarding your intended application for an interim injunction against [ name of party ], sought in order to [ insert reason for and type of injunctive relief being sought ]. An injunction is a court order that compels a party to carry out a particular act (a mandatory injunction) or prevents a party from undertaking a particular act (a prohibitory injunction), either compelling performance or restraining conduct. The purpose of an interim injunction is to preserve the existing position and/or reduce potential unfairness ahead of a claim or issue being resolved. When deciding whether to grant such relief, the court will consider whether, among other matters: there is a serious issue to be tried; damages would probably be an adequate remedy for any loss that might be...

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PRECEDENTS

[ On the claimant’s solicitors’ letterheaded paper ] FAO [ RELEVANT NAME ] [ NAME OF DEFENDANT OR DEFENDANT’ S SOLICITOR IF KNOWN ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert ] [ PROSPECTIVE CLAIMANT’ S NAME ]—claim for breach of duty against [ PROSPECTIVE DEFENDANT’ S NAME ] [ We refer to our letter dated [ insert date of previous correspondence, if any ]. ] [ As you are aware, we OR We ] act for [ insert client’s full name ] of [ insert full address ]. This correspondence constitutes our client’s letter of claim against [ you OR [ name of defendant ] OR arising from the breach of [ your OR their ] duties as a director of [ insert company name ] (the ‘ Company’). [ If you have OR [ name of defendant ] has ]...

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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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