Legal Precedents

Banking & Finance: third party rights clauses for use in finance documents This Precedent supplies standard-form third party rights wording for use across finance documentation. These standard forms are for use in finance documents. It comprises three versions of third party rights provisions, set out below as follows: Clause 1 — Suitable for facility agreements, this wording can be used to draft a third party rights clause that excludes third party rights, with an alternative to exclude such rights save where the facility agreement itself expressly provides for them Clause 2 — Intended for security documents, this provision can be used to draft a third party rights clause that precludes third party rights, with an option to preclude them except where the security document expressly provides otherwise......

Question Summary What is competition law? Competition serves both consumers and companies. It highlights areas for improvement and pushes organisations to pursue higher efficiency, greater innovation, stronger productivity and, in the end, to operate as better businesses. Competition law exists to shield businesses and consumers from anti‑competitive conduct and to preserve effective rivalry. Every business must observe competition rules, and breaches can carry severe outcomes for firms and individuals, including directors. Non‑compliance can be costly and damaging at both organisational and personal levels too. Possible penalties include: Substantial fines Prison sentences Director disqualification Damage to reputation When is it an issue? Competition law can arise in three principal settings: cartels — typically horizontal arrangements in which two or more businesses, whether by written agreement or otherwise, decide not to compete with one another. Cartels are the gravest form of anti‑competitive agreement. They cover accords to fix prices, rig bids, cap output, and...

Key points Residence determines the scope of a person’s liability to UK income tax and capital gains tax ( CGT). An individual’s tax residence is established under the Statutory Residence Test ( SRT). A person can be tax resident in multiple countries at the same time, as each jurisdiction applies its own domestic rules. Someone who is not resident in the UK is taxed only on UK‑source income and on certain gains from disposing of UK assets, including residential property. Value added tax ( VAT), stamp duty land tax ( SDLT) and the Annual Tax on Enveloped Dwellings ( ATED) may apply to both residents and non‑residents. Before 6 April 2025, domicile—rather than residence—was the principal factor in determining exposure to inheritance tax ( IHT). From 6 April 2025, IHT liability is largely linked to the period an individual has been resident in the...

Designed for in-house counsel, this Precedent enables you to log which legal tasks are procured externally, identifying the providers and the associated fees and at relevant costs. It further supplies tabs for capturing principal legal risks and strategic considerations that could affect the outsourcing of legal work. Using it will assist in deciding which matters to outsource or keep outsourcing and in shaping an outsourcing plan—see Precedent: Legal services outsourcing strategy......

1 Introduction This paper was compiled by [ insert name or role ] on [ insert date ]. It outlines the intended approach to resourcing [ insert organisation’s name ]’s legal services, identifying which activities should be commissioned from external providers and which should continue to be delivered in-house......

1. Purpose of the meeting and objectives Outline what you require from the meeting and the reasons. For example: Confirm legal resource aligns with the organisation’s needs Explore outsourcing certain legal services or reducing expenditure on external legal support Review the history of using external legal advisers (who, cost, quality, etc.) Be updated on the future types and volumes of legal support the organisation will need [ Insert your initials ] 2. Advice from regulatory bodies Ask: Which trade or industry bodies does the Head of Function ( Ho F) belong to or actively follow? ......

Agenda item Supporting documentation (to be shared before or after the meeting) Comment or action 1. Purpose of the meeting and objectives Outline what you seek to achieve from the meeting and the rationale, for example: confirm legal resource aligns with the organisation’s needs explore outsourcing parts of the legal function or lowering spend on external legal support review the track record of engaging external legal advisers (who, costs, quality, etc.) clarify the future types and volumes of legal support the organisation will need [ Add your initials ] 2. Strategy and projects Questions to raise: what alterations have been made to the procurement department during the past five years? which legal advisers acted for the organisation on those changes, who appointed them, why they were selected, who managed them, and what they advised on (e.g. contractual issues, purchase orders, terms and...

1. Purpose of the meeting and objectives Clarify what you require from the session and why, for example: confirm legal capacity aligns with the organisation’s needs explore outsourcing selected legal tasks or trimming spend on external legal support review the organisation’s track record with external legal advisers (who, costs, quality, etc.) understand the types and volumes of legal assistance the organisation will need in future [ Add your initials] 2. Strategy and projects Ask: what alterations have been made to the sales and marketing ( SM) function over the last five years? which legal advisers supported the organisation on those changes, who appointed them, why they were selected, who oversaw them, and what they advised on (e.g. legal and contractual issues, marketing strategy, agency agreements, social media, advertising copy)? is any further change or...

Agenda item Supporting documentation (to be provided before or after meeting) Comment or action 1. Purpose of the meeting and objectives Set out what you require from the session and rationale, for example: confirm legal capacity aligns with the organisation’s needs explore the scope to outsource certain legal work or to cut spend on external legal support review the track record of using external legal advisers (who, costs, quality, etc.) gain clarity on the types and volumes of legal assistance the organisation will need in future [ Enter your initials ] 2. Strategy and projects Enquire: what alterations have occurred within the Real Estate ( RE) department during the last five years? which legal advisers supported the organisation on those changes, who selected them, why they were chosen, who oversaw them, and what they advised on, e.g. contractual matters, leases, licences,...

Agenda item Supporting documentation (to be provided before or after meeting) Comment or action 1. Purpose of the meeting and objectives Set out what you require from the meeting and the reason, for example: make sure legal resource matches the organisation’s needs consider the option of outsourcing certain legal services or cutting expenditure on external legal support review the past use of external legal advisers (who, cost, quality, etc) be briefed on the types and volumes of legal support the organisation will need in the future [ Insert your initials ] 2. Strategy and projects Ask: what modifications have been made within the IT department over the last five years? which legal advisers acted for the organisation on those initiatives, who appointed them, why they were selected, who managed them, and what they advised on, e.g. contractual issues,...

Agenda item Supporting materials (to be supplied before or after the meeting). Comment or action. 1. Purpose of the meeting and objectives Set out clearly what you require from the meeting and the reasons, e.g.: confirm that legal capacity aligns with the organisation’s requirements explore whether to outsource certain legal work or potentially curb expenditure on external counsel review past engagement and use of external legal advisers (providers, fees, calibre, etc.) gain clarity on the exact types and volumes of legal support the organisation will need in future [ Add your initials here ] 2. Strategy and projects: Ask: what alterations have occurred within the finance department during the last five years? which legal advisers supported those changes, who selected them, who appointed them, why they were chosen, who oversaw them, and which domains they advised on, e.g. legal, tax, etc.? are any...

ARCHIVED : These training resources are stored as archive copies and are no longer updated. They cover the UK’s requirements for reportable cross-border tax arrangements as they applied before conclusion of the Brexit transition period, at 11pm on 31 December 2020......

date [ date ]. Parties [ name of Covenantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Covenantor) [ name of Covenantee ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Covenantee) BACKGROUND The Property was conveyed to the Covenantor today. The Covenantor’s purchase of the Property took place subject to the provisions of the [ Transfer OR Original Deed ]. This Deed is supplemental to the [ Transfer OR Original Deed ]......

Property: [ insert name and/or address of the Property ] (‘ Property’) Purchaser: [ insert name, address and (if applicable) company registration number of buyer ] Transaction: [ insert brief details ] 1 Executive summary 1.1 Scope of report This report is addressed to you, [ insert buyer’s name ], and is prepared exclusively for your benefit in connection with your intended acquisition of the Property. No other party may be given access to it or rely upon it without our prior written consent. 1.2 Good and marketable title [ In our opinion, subject to the matters noted in this report, on completion of the Property purchase, payment of [ stamp duty land tax OR land transaction tax ] and registration at HM Land Registry, you will acquire a good and marketable title to the Property. ] 1.3 Areas of concern [ Insert any concerns about the...

Key points Domicile is a legal status that links a person to the laws of a particular jurisdiction—it is not the same as residence or nationality; Every person has a domicile; it is impossible to be without one, and a person cannot have more than one at any time; People are frequently domiciled where their permanent home is, though this is not always the case; Anyone alleging a change of domicile must demonstrate that change clearly and unequivocally. What is domicile? Domicile is a legal status, a form of personal law, which ties an individual to the legal system of a specific jurisdiction. It often provides the connecting factor used to settle questions of personal status. For example, if a person dies domiciled in England without a will, irrespective of whether they live here, English law will decide who may inherit their moveable assets (broadly, any property other than land). It is not...

This Precedent Serves to log the assets held by an organisation, for example land, buildings, office machinery, manufacturing machinery, software, data, people, intellectual property items. Please click to access an Excel edition of this register. Please note the register is produced in Excel and therefore currently cannot be downloaded directly into Word......

This document offers general guidance on lasting powers of attorney ( LPAs), setting out what they involve, the advantages of making one, and the steps for creating and registering an LPA. Your Private Client lawyer can give tailored advice reflecting your particular situation. What is an LPA? An LPA is a formal legal instrument allowing you to nominate one or more trusted individuals (known as attorneys or donees) to handle your affairs and take decisions on your behalf if you later lose mental capacity. There are two types of LPA: LPA for property and financial affairs decisions This LPA permits you to appoint one or more attorney(s) to take decisions concerning your property and finances, including operating bank and building society accounts, buying and selling your home and other assets, dealing with your tax matters, claiming and receiving benefits and pension payments, and settling...

This Agreement is made on [ insert day and month ] 20[ insert year ] Parties [ Insert name of company in administration ] (in administration), being a company incorporated in [ England and Wales OR [ insert country of incorporation ] ], with registered number [ insert company number ], and having its registered office at [ insert address ] (the Seller), acting through its [ joint ] Administrator(s) [ Insert name of administrator(s) ] of [ insert name of firm ], whose registered office is at [ insert address of firm ] (the Administrator(s)) [ insert name of purchasing corporate entity ], a company duly incorporated in [ England and Wales OR [ insert country of incorporation ] ], with registered number [ insert company number ], and with its registered office address at [ insert address ] (the...

Introduction This schedule is a component of the Company’s Coronavirus ( COVID-19) safety policy and is appended to it for reference. It outlines the measures the Company has determined, having undertaken a coronavirus risk assessment and considered relevant government guidance, to help control the risk of coronavirus for workers and others in the [ office ], as detailed below, as follows: 1 Shift patterns 1.1 employees are allocated to fixed teams or shift groupings, which will remain strictly unchanged during the pandemic; 1.2 direct face-to-face contact is reduced, eg by using clearly designated drop-off locations for delivery of office supplies and post; 2 If someone has COVID-19 2.1 if you develop coronavirus symptoms you must remain at home and request and arrange a PCR test. You must not attend the workplace whilst you are waiting for your test result; 2.2 if your LFD or PCR...

Introduction This schedule forms part of the Company’s Coronavirus ( COVID-19) safety policy to which it is appended. It details the steps the Company has identified, in light of the coronavirus risk assessment we have undertaken and relevant government guidance, to try to manage the risk of coronavirus to workers and others in the [ factory ], as follows: 1 Shift patterns and working groups 1.1 Employees are organised into teams or shift groupings that will remain the same throughout the pandemic; 1.2 Direct contact is reduced, for example by using drop-off points or transfer zones to hand over job information, spare parts, samples and raw materials; 2 If someone has COVID-19 2.1 If you have coronavirus symptoms you must stay at home and order a PCR test. You must not attend the workplace whilst you await your test result; 2.2 If you have a...