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
Chapter V ( Transfers of personal data to third countries or international organisations) In brief, the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), restricts the transfer of personal data beyond the UK (and to certain ‘international organisations’). ‘ Assimilated law’ is the label applied to retained EU law that continues in force after the end of 2023. For further information, see Practice Note: Assimilated law and News Analysis: Implications of the move to ‘assimilated’ law, and the Retained EU Law ( Revocation and Reform) Act 2023, for data protection lawyers. One of the most frequently relied upon transfer mechanisms used to comply with those international transfer restrictions is commonly known as standard contractual clauses ( SCCs). This document includes a link to a template SCC issued by the UK Information...
Chapter V ( Transfers of personal data to third countries or international organisations) In summary, Chapter V of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), places limits on sending personal data outside the UK and to certain ‘international organisations’. A frequently used route to satisfy these international transfer rules is the use of standard contractual clauses ( SCCs). This document provides a link to a template SCC released by the UK Information Commissioner’s Office ( ICO) in 2022. The key details of that template SCC are: Name: International data transfer addendum to the European Commission’s standard contractual clauses for international data transfers (the Addendum) Purpose: An addendum that can be used to rely on the SCCs issued by the European Commission in June 2021 for use under the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) as an SCC...
This Precedent includes a Power Point team brand workshop template with accompanying notes to help you run a session with your team to identify the key activities and values you want your business to be recognised for. It guides you and the group through sharing and refining ideas, then moves into setting concrete actions and clear next steps. 1 Meeting logistics Let the team know in advance that this will be a working session and ask them to consider how they add value to the business, arriving prepared to share their views. Have to hand paper, one pack of sticky notes per person, marker pens for everyone, and a space in the room where items can be put up on the wall. Plan for two and a half hours, including a 15-minute comfort break halfway through (based on five to ten...
1 Introduction This role description and profile concerns the combined post of Deputy Money Laundering Compliance Officer ( MLCO) and Deputy nominated officer (nominated officer). Any references to MLR 2017 relate to the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692, as amended. 2 MLCO/nominated officer role holder details Firm name [ Insert firm name ] Name of Deputy MLCO/nominated officer [ Insert name ] Reports to: MLCO/nominated officer [ Insert name of MLCO/nominated officer ] Working pattern ☐ Full time ☐ Part time Details of any additional positions within the firm [ Insert details ] Date of appointment by the firm [ Insert date ] 3 Role summary 3.1 Serve as deputy to the firm’s MLCO/nominated officer......
1 General information Review timeframe [ Insert review period ] Review date [ Insert date ] Individual(s) carrying out the review [ Insert name(s) ] 2 Data Total count of high-risk clients [ Insert number ] Total count of high-risk matters [ Insert number ] Total count of these that pertain to PEPs [ Insert number ] Total count of these that concern false or stolen identification documentation [ Insert number ] Total count of these that involve sanctioned entities [ Insert number ] Total count of these that present a proliferation financing concern [ Insert number ] Total count of these that involve clients who are beneficiaries of life insurance policies where the retainer has a direct link to the policy [ Insert number ] Total count of these that concern clients...
This Precedent enables you to maintain a centralised record of all high‑risk clients and matters. It also features a separate tab for politically exposed persons ( PEPs). It can assist in evaluating and overseeing the firm’s risk much more efficiently, accelerate client due diligence (and enhanced due diligence), and simplify the continuing monitoring process overall......
This Precedent serves to log when client ID documents acquired for /client due diligence ( CDD) purposes will expire. This register is built in Excel, and as such, it cannot be exported directly to Word at all......
1 Drug and alcohol screening 1.1 To safeguard all employees and others, and to satisfy applicable legislation, the Company runs a drug and alcohol screening programme [ , including random......
1 Details of Deputy money laundering compliance officer (deputy MLCO) Firm name [ Insert name ] Deputy MLCO name [ Insert name ] Reports to the money laundering compliance officer ( MLCO) [ Insert name of MLCO ] Employment status ☐ Full time ☐ Part time Other roles held within the firm [ Insert details ] Date appointed by the firm [ Insert date ] 2 Role summary Serve as the deputy for the firm’s MLCO. When the firm’s MLCO is unavailable [ and after consulting with [ state who, eg the nominated officer, COLP or senior partner ] ]: act as the principal point of contact with the Solicitors Regulation Authority ( SRA) on matters concerning anti-money laundering ( AML),...
Kindly select: ☐ Attached agreement for review by the legal team ☐ Draft agreement needed at this time 1 General information Requesting division [ Insert department ] Individual(s) submitting the request [ Insert name(s) ] Contact information, including email and preferred telephone number for the requester(s) [ Insert contact details of requesting person(s) ] Agreement purpose [ Insert purpose of contract ] Is this agreement a single procurement, or the initial part of a series?......
IT IS ORDERED that: 1 Allocation 1.1 Allocation to Multi- Track This claim is assigned to the multi-track. 1.2 Allocation to Management Track This claim falls within the following management track: Case managed by a Master with the trial before a Judge Case management and the trial to be conducted by a Judge (full docketing) Case management and trial to be undertaken by a Master Case management shared between Judge and Master, with the trial before a Judge 2 Alternative dispute resolution This claim is stayed until [ date ] to allow the parties to attempt settlement through alternative dispute resolution or other means. At the end of that period, the parties must notify the Court in writing whether a settlement has been reached. At the same time, they must lodge either: (if settled) a draft consent Order signed by all parties; or (if not...
Key points A client’s domicile largely determines the law that will regulate succession to their estate. While domicile can be altered, it calls for meticulous planning and is best tackled as early as possible. Whether the client should have a single Will, separate Wills for each jurisdiction with which they are connected, or no Will at all, depends on their full circumstances. Seek guidance from qualified practitioners in every jurisdiction where the client has property or family connections. Keep arrangements under regular review, especially whenever the client’s circumstances change. Domicile Domicile is a legal status, often described as a form of personal law, that ties an individual to the legal system of a particular jurisdiction. It is distinct from residence or nationality, although those factors may assist in determining domicile. A person is commonly domiciled where they maintain a...
Attendees [ Insert the name of the director/head of function ] [ Insert the name of the in-house lawyer ] [ List any additional attendees ] Agenda Topic Required information Action owner Introduction Purpose of the meeting: to gain clarity on all procurement processes employed within the organisation; to understand how contracts are administered across the organisation; to identify how the legal department can best support the organisation’s contract management processes; to enable the legal department to create an effective legal process that supports the organisation’s contract management process......
1 Attendees: [ List attendees ] Each participant should attend the workshop fully ready to deliver a Power Point to the group, lasting no longer than [ insert, eg 20 minutes ], covering the following: categories of goods/services routinely obtained by that department; the end-to-end contracting workflow; each person’s function within that department across the contract lifecycle; how the central procurement team/organisational procurement process is used; contract templates relied upon; whether standard contract review/creation request forms are employed; where original agreements are physically retained; who executes contracts; what is currently in the immediate pipeline......
1 Goods/services Which kinds of goods and services are sourced in your area/department? Where can I find a list? 2 Contracting process Which contracting procedure is followed? Where can I obtain a contracting process workflow diagram? 3 Roles and responsibilities Within your area/department, who handles each stage of the contract lifecycle?......
This Agreement is dated [ insert day ] of [ insert month ] 20 [ insert year ] Parties [ Insert full name and address of the claimant seeking [increased] financial provision from the Estate ] ( Party A ) [ Insert full name(s) and address(es) of the individual personal representative(s), or the company name, number and registered office address of any trust corporation ] ( Party B ) [ Insert full name(s) and address(es) of the other defendants to the claim ] ( Party C ) Each is a ‘ Party’, and together they are the ‘ Parties’ WHEREAS The Deceased passed away on [ date ], was domiciled in England and Wales, and was survived by [ list of family and dependants ] The Deceased [ left a final will and testament dated [ date ] OR died...
This note offers broad guidance on several core considerations when pursuing a family provision claim (a claim under the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975)). Your dedicated Private Client adviser can deliver bespoke guidance aligned to your individual situation. What is a family provision claim? People in England and Wales may generally distribute their estate to whomever they choose. This contrasts with many legal systems where forced heirship dictates beneficiaries, or earmarks parts of an estate, on death. Yet, this freedom of testation here is limited by statute. The Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) permits certain classes of individuals, who were financially dependant on the deceased, to pursue a claim against the estate for reasonable financial provision. Such applications are commonly described as family provision claims,...
This template is derived from a precedent in Inheritance Act Claims: Law, Practice and Procedure Precedents (access available by subscription). IN THE [ HIGH COURT OF JUSTICE ] CLAIM NO. HC [ ... ] [ CHANCERY DIVISION ] [ BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES ] [ PROPERTY TRUSTS AND PROBATE LIST ] IN THE MATTER OF THE ESTATE OF [ INSERT NAME ], DECEASED AND IN THE MATTER OF THE INHERITANCE ( PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975 [ Name of judge ] [ Place of sitting if not in County Court in which claim was issued ] [ Date on which order is pronounced ] Parties [ INSERT NAME ] Claimant [ INSERT NAME ] (the personal representative of the deceased) [ INSERT NAME ] Defendants Order 1 Opening paragraphs [ Version 1: Where an order in favour of the claimant is made after a...
This template derives from a model set out in Andrew Francis’s Inheritance Act Claims: Law, Practice and Procedure Precedents (available by subscription). [ Endorsement regarding the party giving the statement, the date, etc., as per CPR Part 32 PD, para 17] IN THE [ HIGH COURT OF JUSTICE ] CLAIM NO.......
IN THE [ HIGH COURT OF JUSTICE ] CLAIM NO. HC [ ... This Precedent derives from a model set out in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (access subject to subscription). [ Indorsement as to party giving statement, date etc as in CPR 32.17]......
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 ]...