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
This approval form sets out the grounds on which the project described in your [ data protection impact assessment ( DPIA) OR privacy impact assessment ( PIA) ] has been approved, alongside the data protection compliance steps you must implement. The final [ DPIA OR PIA ] is attached and contains full particulars of the guidance summarised below—please review both documents carefully before implementing your project. If you need any additional details or assistance, please contact [ insert relevant point of contact, eg your organisation’s data protection officer ( DPO) or data protection manager ( DPM) ]......
Task Points to consider Actions ☐ Identify the organisation’s core aims and objectives Grasping your organisation’s long-term aims and objectives will enable you to ensure the legal function can align its skills and resources more effectively with the organisation’s strategy. Meet with your organisation’s CEO to do the following: discuss the organisation’s overarching aims and priorities; demonstrate your awareness that almost all major business considerations involve the law to some extent, so the in-house legal team is vital to the organisation’s success; show how you will ensure the legal department can enhance the organisation’s operational capabilities by covering the following steps in the plan. ☐...
Task Prioritise the legal department’s work according to what is strategic for the business Points to consider Which activities deliver high value for the legal department, and which amount to low value work? Is everything the legal team undertakes still appropriate and relevant for the organisation? Actions Undertake a review of the legal function’s budget and activity to assess how the team might work more effectively and secure the right outcomes for the organisation. Develop a clear understanding of your organisation’s long‑term goals and objectives so the department can align its skills and resources to the organisation’s strategy. Consider whether to stop, outsource, or re‑process low‑value activity. For more guidance, see: Practice Note: Understanding business strategy Practice Note: Aligning the legal team to the business Precedent: Strategic planning—step plan......
IN THE HIGH COURT OF JUSTICE FAMILY DIVISION [ THE PRINCIPAL REGISTRY OR [location] DISTRICT PROBATE REGISTRY OR PROBATE REGISTRY OF WALES ] In the Estate of [ name ] deceased SUMMONS LET [ name ], being the [ caveator OR person warning ], or his Solicitor, appear before [ the District Probate Registrar of the [ location ] District Probate Registry OR Probate Registry of Wales at [ address ] OR one of the District Judges of this Division at the Principal Registry, First Avenue House, 42–49 High Holborn, London WC1V 6NP ] on [ date ] at [ time ] for the hearing of an application by [ name ], the [ person warning OR caveator ], seeking an order from the [ District Probate Registrar OR District Judge ] that caveat no. [ number ], entered on [ date ], shall cease to have...
Rule 44(5) Within the Family Division of the High Court of Justice [ the designated registry as specified by rule 44(15) ] To [ name ] of [ address ], a party who has lodged a caveat in the estate of [ name ], deceased......
Dear [ insert organisation name ] [ name ] Deceased (the Deceased) We represent [ name ], who is [ the residuary beneficiary under the Deceased’s Will dated [ date ] OR a beneficiary on the intestacy of the Deceased ]. Larke v Nugus statement You may know that, since 1959, the Law Society has advised that, when the validity of a Will is contested, the testator’s solicitor ought to provide a statement of evidence detailing the instructions for preparing and executing the Will, together with the surrounding circumstances......
The present consolidated Data Protection Addendum was issued on [ insert date ]. For earlier versions, see [ insert URL ]. [ For information on updated provisions, see [ insert URL ]. ] 1 Definitions 1.1 Within this Data Protection Addendum, defined terms retain the same meanings, and the equivalent rules of interpretation apply as those used in the remainder of our Agreement......
This note offers general guidance on setting up a lifetime discretionary trust. It does not explore the tax implications in any depth. Your specialist Private Client practitioner will be able to deliver tailored advice based on the circumstances of your case. What is a trust? A trust arises when assets are transferred to trustees (who might be individuals or a trust corporation) to hold and manage for the benefit of specified individuals, called the beneficiaries. The parties are: the settlor — the person who transfers the assets to the trustees the trustees — the persons (or a trust company) who receive the assets from the settlor and must look after the trust assets for the benefit of the beneficiaries the beneficiaries — the persons who enjoy the benefit of the trust There are different types of trusts. Three main types of trusts are: bare trusts — typically used to hold assets for...
This Deed is hereby entered into on [ date ] Parties [ insert name of first personal representative ] of [ insert address ], and [ insert name of second personal representative ] of [ insert address ] (the Personal Representatives) [ insert name of beneficiary ] of [ insert address ] (the Beneficiary) OR [ insert names of trustees or person entitled to trust income ] of [ insert address ] BACKGROUND [ insert deceased’s full name ] passed away on [ insert date of death ], [ intestate, leaving [ insert details of deceased’s relatives entitled on intestacy ] surviving them OR having left a Will dated [ insert date of Will ] [ and a Codicil dated [ insert date of Codicil ] ] ] The [ insert name of Probate Registry ] Probate Registry duly issued a grant of [...
In the estate of the late [ enter name of deceased ] [ enter name of firm ][ enter firm’s address ] I, [ enter name of beneficiary ], of [ enter address ], acknowledge receipt of £[ enter amount ] from [ enter name of firm ] as the bequest made to me under the Will of the late [ enter name of deceased ]. Signed.......................................................... [ enter name beneficiary ] Dated....................................................................
In the estate of the late [ enter name of deceased ] [ enter name of firm ] [ enter firm’s address ] I, [ enter name of beneficiary ], of [ enter address ], acknowledge receipt of £[ enter amount ] from [ enter name of firm ], being an interim payment made under the [ Will of OR intestacy of ] the above‑named deceased. Signed.......................................................... [ enter name beneficiary ] Dated............................................................. ......
[ enter name of firm ] [ enter firm’s address ] In the estate of the late [ enter name of deceased ] I, [ enter name of beneficiary ], of [ enter address ], acknowledge receipt of the amount of £[ enter amount ] from [ enter name of firm ] as the concluding sum payable to me as a residuary beneficiary under the [ Will of OR intestacy of ] the above‑named deceased. Signed.......................................................... [ enter name of beneficiary ] Dated...................................................................
[ insert name of beneficiary ] [ insert address of beneficiary ] [ insert date ] The late [ name of deceased ] Dear [ insert name of beneficiary ], Further to my correspondence dated [ date of last letter ], I am pleased to advise that the personal representatives have now obtained the grant of [ probate OR letters of administration ] in respect of [ name of deceased ]’s estate. Please find enclosed a copy of the interim accounts for your reference. Once we are in receipt of all liquidated assets and the final accounts have been approved, we can proceed with the final distributions and bring the estate administration to a close. If you have any queries, please do get in touch. I look forward to hearing from you. Yours sincerely,......
[ enter name of beneficiary ] [ enter address of beneficiary ] [ enter date ] Dear [ enter name of beneficiary ] The late [ enter name of deceased ] Following my letter of [ enter date of last letter ], I am pleased to confirm that the grant of probate has now been obtained for [ name of deceased ]’s estate. I [ enclose a cheque for £[ enter amount ] OR have today transferred £[ enter amount ] to your account with [ enter name of bank ] in line with your instructions ] as an interim payment from the residuary estate. Please acknowledge safe receipt by signing and returning the enclosed receipt [ in the envelope provided ]. [ I [ also ] enclose a copy of the draft accounts for your reference, setting out the distributions made as at today. ] When all assets have been...
[ enter name of beneficiary ] [ enter address of beneficiary ] [ enter date ] Dear [ enter name of beneficiary ] The late [ enter name of deceased ] Thank you for your letter of [ enter date of letter approving accounts ] confirming approval of the accounts. I am pleased to confirm that the personal representatives are now able to finalise the administration of the estate. Accordingly, I [ enclose a cheque for the sum of £[ enter amount ] OR have today transferred the sum of £[ enter amount ] to your account with [ enter name of bank ] in accordance with your instructions ]. Please sign the enclosed receipt and return it [ in the envelope provided ]. For your records, I also enclose a copy of the final estate accounts (as approved). Should you have any questions, or if we can be of any further...
[ enter name of stockbroker ] [ enter address of stockbroker ] [ enter date ] Dear [ individual or stock broker organisation name ] Regarding the late [ name of deceased ] Shareholding: [ enter details of shareholding ]. Further to our correspondence dated [ date of last letter ], please be advised that a grant of representation has since been issued......
[ name of Pension Service office ] [ address of Pension Service office ] [ enter date ] Dear [ enter Pension Service office ] The late [ name of deceased ] National Insurance number: [ National Insurance number ] Further to our correspondence dated [ date of last letter ] we write to confirm that a......
[ enter name of estate agent ] [ enter address of estate agent ] [ enter date ] Dear [ enter organisation name ] The late [ enter name of deceased ] of Property: [ enter address of property being sold ] Further to our letter dated [ enter date of last letter ], please note that a grant of representation has now been obtained in the above estate, confirming the personal representatives’ authority to handle the property. We enclose an office copy of the grant for your consideration and return. We look forward to hearing from you regarding the sale of the property. If you have any queries in the meantime, please let us know. Yours sincerely......
[ enter name of employer ] [ enter address of employer ] [ enter date ] Dear [ organisation name ] The late [ name of deceased ] [ enter department or employee number if relevant ] Further to our letter of [ date of last letter ], we hereby write to confirm a......
[ enter name of debtor ] [ enter address of debtor ] [ enter date ] Dear [ organisation name ] The late [ name of deceased ] [ enter details of debt eg account details ] Further to our correspondence dated [ enter date of last letter ], we confirm that a grant of representation has now been obtained for the above estate. An office copy of the grant is enclosed for your review; please return it thereafter. Kindly arrange to [ credit our firm’s client account (in the name of [ name of client account ] with sort code [ client account sort code ] and account number [ account number ] using the reference [ eference for the account ]) OR provide a cheque addressed to this firm ] for the balance payable to the estate. [ We attach the personal...
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 ]...