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

Your Will—explanatory note This explanatory note sets out the key provisions of your Will in clear, straightforward terms. Please review it carefully alongside your Will. If anything does not reflect your wishes, please let [ me OR [ name of person to contact ] ] know [ before you sign ]. 1 Revocation When you sign this Will, any earlier Wills or codicils relating to [ your UK estate OR your worldwide estate ] are revoked. This ensures that only this Will records your wishes on death regarding [ your UK estate OR your worldwide estate ]. 2 International aspects [ Your Will only covers your UK property [ and your property outside of the UK will be dealt with by a separate, local Will OR and your property outside of the UK has already been dealt with by a separate, local Will ] OR Your Will covers your...

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PRECEDENTS

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 On 16 May 2025, the Law Commission’s review of Wills released its final report, with Volume II, which sets out a draft Bill intended to replace the Wills Act 1837. For details of these reforms, including 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 ], hereby cancel all prior testamentary dispositions made by me [ only to the extent that, and so far as, they concern my property of every description in the United Kingdom of Great Britain and Northern Ireland ] and state that this is my last Will......

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PRECEDENTS

Parties This Agreement is executed on [ date ] [ 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 ] ( Manufacturer ); and [ insert name of party ] [ of OR a company incorporated in [ country ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Distributor ); Each of the Manufacturer and the Distributor is a party, and together they constitute the parties. Background ( A) The Manufacturer produces [ and supplies ] the Products. ( B) The Distributor has agreed to distribute [ and support ] the Products on [ an exclusive OR a shared exclusive ] basis in the Territory, in accordance with the provisions of this Agreement......

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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 ] whose registered office is at ] [ insert address ] ( Manufacturer); [ insert name of party ] [ of OR a company incorporated in [ country ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Distributor); Each of the Manufacturer and the Distributor is a party, and together they are the parties. Background ( A) The Manufacturer produces [ and supplies ] the Products. ( B) The Distributor agrees to distribute [ and support ] the Products on a non-exclusive basis within the Territory in accordance with the provisions of this Agreement......

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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 ] whose registered office is at ] [ insert address ] ( Manufacturer) [ insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Distributor) Each of the Manufacturer and the Distributor constitutes a party, and together they comprise the parties. Background ( A) The Manufacturer produces [ and supplies ] the Products. ( B) The Distributor has agreed to distribute the Products on a non-exclusive basis within the Territory, pursuant to this Agreement......

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PRECEDENTS

Agreement in relation to [ insert brief details of the works/project ] at [ insert address of works ] ( incorporating (inter alia) the NEC4 Engineering and Construction Subcontract 2017 with January 2019 Amendments, October 2020 Amendments and January 2023 Amendments as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto ) This Agreement is entered into on the [ insert number ] day of [ insert month ] 20[ insert year ]. Parties [ insert name of the Contractor ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Contractor ] ('the Contractor'). [ insert name of the Subcontractor ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Subcontractor ] ('the...

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PRECEDENTS

PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY This End User Licence Agreement ( EULA ) is a binding legal contract between you ( User or you ) and [ NAME OF SUPPLIER ], whose registered address is [ ADDRESS OF SUPPLIER ] ( Supplier , us , we or our ). Under this EULA, we grant you the use of [ NAME OF SOFTWARE AND VERSION ], encompassing all content, materials or services available within that software, together with every update and upgrade to them ( Subscribed Services , and Subscribed Service denotes each Subscribed Service separately). [ Alongside the Subscribed Services, we also deliver support services as described in the Subscribed Service Specific Terms ( Support Services ).] In this agreement, the Subscribed Services and the Support Services are together referred to as the ‘ Services ’......

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PRECEDENTS

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY This is a legally enforceable contract (the AGREEMENT) between you (the Customer) and [ INSERT SUPPLIER COMPANY NAME ], whose registered address is [ ADDRESS OF SUPPLIER ] (being the Supplier, we or us). It grants to you the right to use and to access [ INSERT NAME OF SOFTWARE ( INCLUDING THE VERSION AND LATEST RELEASE NUMBER AND A BRIEF DESCRIPTION IF REQUIRED) ], along with any Updates, Upgrades, patches, fixes or workarounds made available by us, as well as any data, media or documents connected with it (together, the Subscribed Services). By selecting ‘ ACCEPT’ at the end of this AGREEMENT, you agree to and accept the terms set out below, which will be binding on you and on any of your Authorised Users when they access or use the Services. Please note, in...

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PRECEDENTS

1 Definitions Completion – denotes the Date of Entry or, if later, the day the Price is paid and the purchase of the Property [ and Business ] is finalised under the Missives; Business – denotes the [ insert number ] [ star, ] [ , hotel ] [ , restaurant ] [ , café ] [ , bar ] [ , public house ] enterprise conducted by the Seller at the Property, providing [ [ describe accommodation type eg rooms, apartment or hotel ] ] [ , the sale of food and beverage ] [ , weddings ] [ , conference centre ] [ , leisure centre ] [ , spa ] [ , golf course ] [ , hairdresser ] [ , on-site staff accommodation ] together with all other activities, including those ancillary, incidental to, or connected with such...

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PRECEDENTS

1 Definitions [ Gaming Machine Permit • means the licensed premises gaming machine permit issued by the licensing authority pursuant to section 283 of the Gambling Act 2005 and the Licensed Premises Gaming Machine Permits ( Scotland) Regulations 2007 SSI 2007/505; ] Licensing Board • means the licensing authority empowered to grant premises licences in terms of the L( S) A 2005; [ Local Authority • means the local authority empowered by the Roads ( Scotland) Act 1984 to issue a Street Café Permit; ] L( S) A 2005 • means the Licensing ( Scotland) Act 2005; Permitted Use • [ means use of the Premises as an hotel or aparthotel falling within Class 7 of the Schedule to the Town and Country Planning ( Use Classes) ( Scotland) Order 1997 SI 1997/3061, together with ancillary [ insert...

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PRECEDENTS

I instruct my digital executor to [ memorialise OR terminate ] the digital profile I hold with [ provider ] [ and to erase my digital data from each of my devices and any cloud services, once my digital executor has assumed adequate control of all my digital accounts and the distribution of my digital records has duly proceeded in line with my Will’s provisions ] ......

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PRECEDENTS

I leave, free of tax, to [ insert name of donee ] of [ insert address of donee ] all my moveable property, tangible and intangible, [ save for any property that consists of money or security for money and is, at my death, used solely or mainly for business purposes and is, at my death, held solely as an investment ] .......

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PRECEDENTS

Discussion Agenda Inter Partes Case Management Conference Serious Injury Guide Conference dated [ insert date ] Claimant name: [ Insert name ] Defendant name: [ Insert name ] Attending: [ Insert name ] ( For Claimant) [ Insert name ] ( For Defendant) Agenda (initial meeting) Discussion: facts known as at the date of discussion Claimant Summary of injuries to date Current clinical position Care pathway: discharge plan; anticipated surgery, therapy or treatment Finances: employment and sick pay Family priorities: immediate and longer-term concerns Impact on household: support needs (childcare, relatives, dependants) Any other relevant details Defendant Indemnity issues (if any) Known policy limits or exclusions Insurer’s accident investigation status Police/ HSE investigation status Indemnity position: policy constraints; anticipated co-operation from insured Timescale for formal...

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PRECEDENTS

Notification under the Serious Injury Guide Sent by email to [ insert the early notification contact name and email address as listed for each insurer at http://www.seriousinjuryguide.co.uk/ ] Dear [ insert name ] Ref: Accident Client name: Date of birth: [ to be provided in a separate email ] National Insurance number: [ to be provided in a separate email ] We represent [ insert claimant’s name ] who sustained injuries in an incident on [ insert date ] at around [ insert time ], occurring in the course of their employment as [ insert details OR other circumstances ]......

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PRECEDENTS

1 Assemble an incident team Form a tax evasion facilitation incident team without delay, bringing together your head of legal/compliance, nominated officer, risk manager and head of HR. Designate one person to chair and direct the team. 2 Consider reporting obligations Seek legal advice before opting to self-report to HMRC. Rapid self-reporting of a tax evasion facilitation incident does not assure immunity from prosecution, but it can: assist your defence where there is liability for the failure-to-prevent offence; be considered by prosecutors when deciding whether to bring a case; and be reflected in any penalties if the organisation is convicted. Also assess whether a suspicious activity report ( SAR) should be submitted to the National Crime Agency......

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PRECEDENTS

How to use this test These questions assess your understanding following your attendance at training on the SRA Standards and Regulations. Once you have completed the test, kindly return it to [ insert name ] General Name of person completing test: [ Insert name ] Role: [ Insert role ] Date: [ Insert date ] Multiple choice questions Ring the correct option. Question Multiple choice answers Within the SRA Standards and Regulations, how many Codes of Conduct are there? (a) One (b) Two (c) Three 2......

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PRECEDENTS

Question Answer 1. Within the SRA Standards and Regulations, how many Codes of Conduct are there? (b) Two 2. How many SRA Principles are there? (b) 7 3. Who holds responsibility to report such compliance breaches? (a) All members of staff 4. ......

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PRECEDENTS

We must not use a client account to provide banking facilities for clients or third parties. This is a firm requirement of rule 3.3 in the SRA Accounts Rules, covering our main client account and any separately designated client accounts as well. Permitting use of our client account as a banking facility creates the risk that we could potentially facilitate money laundering or comparable offences. You must understand and adhere to our policy on anti-money laundering ( AML), counter-terrorist financing ( CTF), and counter-proliferation financing when taking receipt of client or office monies. This also encompasses our distinct policy on accepting cash. The SRA may levy substantial penalties for breach of rule 3.3. There need not be a risk of money laundering, or any hint of impropriety, for this to apply. A breach of rule 3.3, by itself, is enough for the SRA to impose a penalty on the firm and/or any...

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PRECEDENTS

Precedent training aid presentation This Precedent training aid presentation is designed for private sector organisations in the UK and addresses members of staff engaged in direct marketing activities. It offers high-level guidance on data protection legislation relevant to direct marketing. Please click to access the Power Point presentation. The majority of commercial organisations undertake some form of direct marketing, including postal direct marketing, live telephone direct marketing or email direct marketing......

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PRECEDENTS

1 Lawfulness, fairness and transparency ICO expectation and current status Your business has undertaken an information audit to map data flows: ☐ Not yet implemented or planned ☐ Partially implemented or planned ☐ Successfully implemented ☐ Not applicable More information Arrange an information audit across the whole organisation or targeted areas. A single person with deep knowledge of your practices may complete it. This will reveal the data you process and how it enters, moves within, and leaves your organisation. A data flow can also be a transfer between locations. For example, data may remain in-house but a transfer still occurs because a department or other office operates off site. Once you have audited your information, you can then spot any risks. Lexis Nexis® tools and guidance Resources within subtopics: Data mapping Identifying and assessing data protection...

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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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