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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

THIS POWER OF ATTORNEY On [ date ], I, [ name of donor ], of [ address of donor ], execute this power of attorney...

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PRECEDENTS

Please note that this Precedent and the accompanying drafting guidance do not address the CPR 36 rules that apply exclusively to fixed costs matters. For guidance on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023). Private & confidential [ insert name and address of client ] [ insert date ] Dear [ insert name of client ] [ insert case heading/description of the case if pre-action ] Settlement offers under Part 36 We have been exploring the possibility of resolving this matter and the various routes by which that might be achieved. [ You will recall that ] [ one OR One ] of those options was a Part 36 offer. This letter aims to explain in greater detail how such an offer operates, and the...

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PRECEDENTS

PARTICULARS Date: [ date ] Landlord: [ name ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Landlord) Tenant: [ name ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] ( Tenant) Property: [ description ] [ within the Building ] Building: [ description ] Start Date: [ date ] (inclusive) End Date: [ date ] (inclusive) Basic Rent: £[ amount ] per [ day OR week OR month ] [ inclusive of Service Charge ] Rent Days: the rent falls due on the [ 1st ] day of each [ week OR month ] during the Term Permitted Use: use as [...

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PRECEDENTS

Form of notice of exercise The Company Secretary [ insert date ] [ insert name of company that granted the option ] ( Company ) [ [ insert address of company that granted the option ] ] From: [ insert name of option holder ] 1 Exercise of the Option With reference to the option awarded to me on [ insert date on which the share option was originally granted ] concerning [ insert class and nominal value of shares under option ] shares in the Company ( Shares ) pursuant to the [ insert name of LTIP under which option was granted ] ( Plan ) ( Option ), I hereby notify you that I am exercising the Option over [ insert number of shares being exercised ] Shares at an exercise price of £[ insert exercise price per share as in the...

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PRECEDENTS

This PARTICIPANT AGREEMENT This PARTICIPANT AGREEMENT must be executed and sent back within [ 30 ] DAYS from the date your award is granted, OTHERWISE THE AWARD WILL LAPSE. PLEASE, THEREFORE, REVIEW THIS AGREEMENT carefully together with the accompanying plan rules, and then sign this agreement in the presence of a witness (who should also sign and provide their particulars where requested), [and also sign the TAX election contained in the appendix]. After signing, please return the Agreement [and appendix] TO [ insert name AND CONTACT DETAILS ] so that it is received AS PROMPTLY AS POSSIBLE AND, IN ANY CASE, BY [ insert TIME AND DATE ]. [ insert name of company who granted the award pursuant to the long term incentive plan ( LTIP) ] ( Company ) [ insert name of LTIP ] ( Plan ) I confirm my...

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PRECEDENTS

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 directed to you, [ insert buyer’s name ], and is prepared solely for your benefit in relation to your intended acquisition of the Property. It must not be shown to, or relied upon by, any other party without our prior written consent. 1.2 [ Good and marketable title In our view, subject to the matters noted in this report, once the purchase of the Property has completed, [ stamp duty land tax OR land transaction tax ] has been paid and registration carried out at HM Land Registry, you will acquire a good and marketable title to the Property. ] 1.3 Areas of...

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PRECEDENTS

For the Applicant By: [ insert name ] Statement Number 1 Exhibits: [ insert details ] Date: [ insert date ] Filed: [ insert date ] Court Reference No: [ INSERT COURT REF. NUMBER ] [ IN THE HIGH COURT OF JUSTICE ] [ BUSINESS AND PROPERTY COURTS ] [ OF ENGLAND AND WALES ] OR IN [ insert location ] OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] In the matter of [ insert company name ] And in the matter of the Companies Act 2006 Statement of [ Insert full name ] I, [ Insert full name ], of [ insert firm/company name ] at [ insert address ], state as follows: I hold the role of [ insert role/job title eg licensed insolvency practitioner and Fellow of the Institute of Chartered Accountants of England and Wales ] within the firm of [ insert...

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PRECEDENTS

1 Introduction At [ insert the exact time ], I declare open the meeting of Creditors/ Members of [ insert name of the company ] [ with [ insert type of claim ] claims, and the meeting of Creditors/ Members of [ insert name of the company ] with [ insert type of claim ] Claims ]. I am [ insert name ], of [ insert firm or company name ], acting as [ insert details of who the chairperson is eg adviser etc ]. The Meeting [ s ] taking place today [ has OR have ] been convened by the Company pursuant to an Order of the High Court of Justice of England & Wales made on [ insert date ]. The purpose of the Meeting [ s ] is to review and, if considered appropriate, approve the Restructuring Plan(s) under Part 26A of the...

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PRECEDENTS

On behalf of: Applicant By: [ insert name ] No: 1 Exhibits: [ insert details ] Date: [ insert date ] Filed: [ insert date ] Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] ] OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] In the matter of [ Insert company name ] And In the matter of the companies act 2006 Statement of [ Insert full name ] I, [ Insert full name ], [ insert role/job title ] of [ insert company name ] of [ insert address ] do state as follows: 1 Introduction I serve as the [ insert role or job title ] at [ insert company name ] (the...

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PRECEDENTS

This document is significant and demands your prompt attention today. If you are uncertain about any aspect of this proposal or about the steps you ought to take, you should consult your professional adviser without delay and without hesitation. Further copies of this document and the accompanying voting forms can be obtained readily and directly from the address listed on page [ insert number ]. [ They may also be downloaded and printed from the website [ insert website address ] ] . Proposal in relation to restructuring plan Pursuant to Part 26A of the Companies Act 2006 Between [ Insert Company name ] and its creditors/members (as defined in the restructuring plan) The meeting [ s ] of Creditors/ Members to review the restructuring plan (the Meeting [ s ] ') will be convened [ [ at insert address ] OR remotely by...

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PRECEDENTS

Precedent Designed for in-house legal teams and risk professionals, this Precedent helps you document supply chain risks, grade the severity of each, and record steps you have taken or intend to take to mitigate them. A tab containing worked examples is provided for information and illustration, and can also be removed. The register is supplied in Excel format and cannot be downloaded into Word. Please click to access the Precedent risk assessment and register. Whatever the nature of your organisation’s business, you will almost certainly have multiple categories of suppliers, eg spanning catering suppliers through to suppliers of critical manufacturing components......

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PRECEDENTS

Date [ date ] Parties [ name of Landlord ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], whose registered office is at [ address ] [ together with an address for service in England and Wales at [ address ] ] (the Landlord); [ name of Tenant ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], with its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Tenant); [ [ name of Guarantor ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], having its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the...

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PRECEDENTS

Use this presentation to brief your team on your policy and their responsibilities concerning conflicts of interest, confidentiality and disclosure, as part of staff training. For further guidance, see Precedent: Conflicts, confidentiality and disclosure policy—law firms. It aligns with the SRA Standards and Regulations framework. Also consult Practice Notes: Conflicts of interest—law firms and solicitors, and Duties of confidentiality and disclosure, which provide additional relevant detail on the SRA’s requirements......

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PRECEDENTS

[ Date ] [ Insert claimant’s solicitors‘ name, reference and address ] Dear Sirs [ Insert name of claimant ] v [ insert name of defendant ]— Claim No: [ insert claim number ] We are instructed by the Claimant to act for it in relation to this matter. A claim form was lodged on [ insert date ]......

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PRECEDENTS

Dear [ insert name of GP or other appropriate capacity assessor ] Re: [ insert name of patient ] We act on behalf of [ insert name of proposed deputy ] and understand that the above-named individual is your patient and under your care. Our client has asked us to prepare an application to the Court of Protection seeking approval of a statutory Will on behalf of [ insert name of patient ]. By way of context and background, [ Insert, as appropriate, background information about P’s property and affairs, testamentary history and current testamentary intentions, if these can be ascertained ] Any application to the Court of Protection for a statutory Will must be supported by evidence of capacity in Form COP3, which is enclosed for your completion. The form consists of two parts, A and B. Part A has already been completed by our...

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PRECEDENTS

ARCHIVED: This Precedent is now formally archived. It derives from a draft search order formerly appended to Practice Direction 25A. That practice direction, together with its appendices, was revoked with effect from 6 April 2025, and the draft search order was superseded by a model search and imaging order. For guidance, please consult Practice Note: The model search and imaging order (from 6 April 2025). Claim No.......

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PRECEDENTS

PROCEDURAL ORDER NO. [ insert number ] Having reviewed the parties’ submissions, the Tribunal directs as follows: Hearing by video-conference The [ insert hearing description ] (the Hearing) will be held by video-conference, using [ insert name of video-conferencing platform ] as the video-conferencing platform (the Platform). The Tribunal is satisfied that this arrangement affords the parties a fair and reasonable opportunity to be heard. [ Prior directions concerning the Hearing ] [ This Procedural Order replaces [ insert references to any prior directions to the extent inconsistent with this Procedural Order or no longer applicable ]. ] [ [ Insert references to any...

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Popular documents

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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