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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
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Definitions ( General) Competent Authority • any public body holding jurisdiction over the Property, its occupation or use; Restricted Period • any period [ exceeding [ number ] [ consecutive ] weeks ] within the Term during which a Pandemic Restriction applies; Pandemic Restriction • any Legislation, or any requirement of, or guidance issued by, a Competent Authority which: (a) arises from [ COVID-19 or the occurrence of any other OR any ] ......
Definitions ( General) Competent Authority – any body with authority over the Property, its occupation or its use; Restricted Period – any span [ exceeding [ number ] [ continuous ] weeks ] within the Term when a Pandemic Restriction is in force; Pandemic Restriction – any Legislation, or any requirement or published guidance from a Competent Authority that: (a) stems from [ COVID-19 or the emergence of any other OR any ] national or local pandemic illness; and (b) bars, hinders or limits the Tenant from [ fully ] [ trading at the Property OR using [ more than [ number ]% (by floor area) of ] the Property for the Permitted Use ]. Service charge clause: Landlord to provide extra services to comply with pandemic...
Definitions ( General) Competent Authority • any body with jurisdiction in respect of the Property, or its occupation or use; Restricted Period • any span [ exceeding [ number ] [ continuous ] weeks ] within the Term during which a Pandemic Restriction is in force; Pandemic Restriction • any Legislation, or any direction of, or guidance issued by, a Competent Authority which: (a) derives from [ COVID-19 or the occurrence of any other OR any ] national or local pandemic disease; and (b) bans, impedes or limits: (i) the Tenant from [ fully ] [ trading at the Property OR using [ more than [ number ]% (measured by floor area) of ] the Property for the Permitted Use ]; [ and OR or ] (ii) more than [ number ] per cent of the [ other OR...
Definitions ( General) Competent Authority • any body exercising jurisdiction over the Property, its occupation or its use; Restricted Period • any period [ exceeding [ number ] [ continuous ] weeks ] within the Term when a Pandemic Restriction is operative; Pandemic Restriction • any Legislation, or any requirement from, or guidance issued by, a Competent Authority that: (a) arises from [ COVID-19 or the occurrence of any other OR any ] national or local pandemic disease; and (b) prohibits, hinders or limits the Tenant from [ fully ] [ trading at the Property OR using [ more than [ number ]% (measured by floor area) of ] the Property for the Permitted Use ] . 1...
Definitions ( General) Competent Authority - any body with lawful control concerning the Property, its occupation or its use; Restricted Period - any span [ exceeding [ number ] [ continuous ] weeks ] within the Term when a Pandemic Restriction is in effect; Pandemic Restriction - any Legislation, or any requirement of, or guidance issued by, a Competent ......
This Deed is executed on [ date ] Parties [ donor ] of [ address ] (the Donor) [ trustees ] of [ addresses ] (the Trustees) BACKGROUND ( A) The Trustees are currently the trustees of a trust dated [ date ] and constituted between (1) [ settlor ] (the Settlor) and (2) the......
On [ date ] [ trustees ] of [ addresses ] (the Trustees ) hereby duly execute this Deed. Background ( A) This Deed is supplementary to a trust dated [ date ] and made between [ parties ] (the Trust ). ( B) The Trustees remain the current trustees of the Trust......
On [ date ] this Deed is executed by [ trustees ] of [ addresses ] (the Trustees ). Background ( A) This Deed is supplementary to a trust dated [ date ] and executed between [ parties ] (the Trust ). ( B) The Trustees are the current trustees of the Trust......
By [name of granter] In support of [names(s) of Attorney(s)] ( Continuing and Welfare Attorney(s)) [ year ] [ Agent details ] Reference: [ ...
STOP PRESS: This document is currently being revised to take account of the implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025), which updates the UK GDPR and the Data Protection Act 2018. For additional guidance on the compliance implications of DUAA 2025, please see Practice Note: Data ( Use and Access) Act 2025—compliance implications. [ Name of individual making request ] [ Address of individual making request ] [ Date of this response ] Dear [ insert name of individual making request ] I write in reply to your request dated [ insert date of request ]......
STOP PRESS: This document is being revised to account for implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025), which alters the UK GDPR and Data Protection Act 2018. For additional guidance on the DUAA 2025 compliance implications, see Practice Note: Data ( Use and Access) Act 2025—compliance implications......
This Agreement is entered into on [ date ] Parties [ Company Name ] [ (in liquidation, etc) ] [ (the ‘ Company ’) acting through ] [ name(s) of insolvency practitioner(s) ] [ (the ‘ Liquidator ’), (the ‘ Administrator ’), etc ] [ (and all successors in title) ] [ acting as agent for the Company, except as provided in this Agreement ] ( [ together ] the ‘ Client ’) [ both ] of [ address ]; [ Firm Name and Address ] (the ‘ Firm ’). It is hereby agreed as follows: 1 Definitions 1.1 In this Agreement: Appeal means any request for permission to appeal and/or an appeal to the Court of Appeal or the Supreme Court from a lower court’s decision, or to a Judge from a decision of a District Judge, Registrar, Master or Insolvency and Companies Court Judge, in relation to the...
Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] ] [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] BETWEEN [ insert name ] Claimant and [ insert name ] Defendant [ DRAFT ] DEFENCE AND COUNTERCLAIM DEFENCE Unless stated otherwise, any paragraph references in this Defence are to the [ Amended ] Particulars of Claim dated [ insert date ]. The Defendant adopts the abbreviations appearing in the [ Amended ] Particulars of Claim. [ Limitation The Claimant’s claim relies on [ insert cause of action ]. On the Claimant’s own case, that cause of action was...
Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] ] [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] BETWEEN [ insert name ] Claimant and [ insert name ] Defendant [ DRAFT ] DEFENCE Unless indicated otherwise, any paragraph references in this Defence are to the [ Amended ] Particulars of Claim dated [ insert date ]. The Defendant uses and relies upon the abbreviations set out in the [ Amended ] Particulars of Claim. [ Limitation The Claimant’s claim proceeds on [ insert cause of action ]. On the Claimant’s own case, that cause of action was concluded on [ insert date ] when [...
Filed on behalf of the Defendant Witness statement from [ insert initial and surname of witness ]. Statement number: [ insert number of the witness’s statement in relation to that witness ]. Exhibits referenced: [ insert initials and the number of each exhibit cited ]. Date the statement was signed: [ insert date ]. [ Date of translation: [ insert date ] ]. Claim No. [ insert claim number ]......
Filed on behalf of the Claimant Witness's statement provided by: [ insert initial and surname of witness ] Number of witness's statement: [ insert number of witness statement in relation to the witness ] Exhibits: [ insert initials and number of each exhibit referred to ] Date on which the statement was made: [ insert date ] [ Date of translation: [ insert date ] ] Claim number......
1 The issue We must preserve the confidentiality of current and former clients’ affairs unless one of the following applies: disclosure is required or permitted by law; or the client gives consent. The duty of confidentiality is a fundamental obligation of a solicitor. It is an unqualified responsibility to keep information confidential, not merely to take reasonable steps towards that end. Working away from the office, including from home, inevitably means handling and discussing sensitive matters outside a controlled environment. Security is a major concern and, inseparable from it, confidentiality. Although we operate on secure networks, once information leaves the office or discussions occur elsewhere, security cannot be assured. Confidentiality is far easier to maintain in a protected workspace such as our offices; therefore, when working in other locations, we must remain alert to confidentiality risks in our personal and work settings and...
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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 ]...
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