Legal Precedents

Template forms and clause banks help you stay aligned with current best practice and the latest law
 law
GET A TRIAL

Featured documents

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

Read More Right Arrow
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

Read More Right Arrow
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 ]

Read More Right Arrow
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

Read More Right Arrow

Most recent Precedents

Clear all filter
PRECEDENTS

1 Introduction 1.1 This policy outlines the Company’s arrangements for homeworking, which may be introduced from time to time, as and when necessary, on a short-term basis in response to government advice and requirements relating to the coronavirus ( COVID-19) pandemic. 1.2 These homeworking measures are exceptional, and their use does not create any entitlement to work from home on a permanent basis. 1.3 [[ For further information on our approach to homeworking on a regular full-time or part-time basis, please see our [ Homeworking policy ]. ] [ For details of our hybrid working approach, where staff spend part of their working time at the workplace and part working from home or another suitable remote location, see our [ Hybrid working policy ]. ] [ Where an employee submits a home or hybrid working request that amounts to a statutory flexible working request, it will be...

Read More Right Arrow
PRECEDENTS

This Agreement is entered into on [ insert date of execution of the agreement ]. Parties [ insert name of acquiring company whose shares are being granted under the replacement option ] (company number [ insert registered number of company ]), with its registered office at [ insert address of registered office of company ] ( Company ) [ insert name of Option Holder ] of [ insert address of option holder ] ( Option Holder ) BACKGROUND On [ insert date of grant of original EMI option ], the Option Holder received from [ insert name of EMI scheme company that granted the original EMI option ] ( Original Grantor ) an option over shares in the Original Grantor ( Original Option ). The Company has acquired Control of the Original Grantor as part of a company reorganisation as defined under paragraph 39 of Schedule 5, and intends to grant the...

Read More Right Arrow
PRECEDENTS

1 Holiday 1.1 Taking your holiday, that is your annual leave entitlement, is essential for rest and recuperation, and we strongly encourage you to use your full allowance throughout the year. 1.2 Your holiday entitlement accrues [ monthly ] at the rate of [ 12.07 ]% of the hours you work each [ month ] [ , capped at 28 days per holiday year ] . The holiday year runs from [ 1 January ] to [ 31 December ]. 1.3 [ You might be asked to work on bank holidays and other public holidays. ] 1.4 [ [ PART- YEAR WORKER ONLY: ] You are engaged to work for only part of the year as described in [ clause x above ]. Your holiday must be taken outside those working periods. ] 1.5 You are required to take your...

Read More Right Arrow
PRECEDENTS

1 Introduction 1.1 Client and matter inception is a vital process that safeguards our firm, helps us understand our clients and their particular requirements, and ensures adherence to a range of regulatory obligations in full. 1.2 This document clearly explains our procedure for accepting new clients and opening new matters. It applies to all relevant people working at every level, including partners, consultants, solicitors, and other employees (whether permanent, fixed‑term or temporary), contractors, trainees, seconded staff, home‑workers, casual staff, agency staff, interns and students, agents, sponsors, volunteers, or any other person associated with the firm wherever located (collectively referred to as ‘staff’ in this policy). 2 Responsibility The [ insert, eg compliance officer for legal practice ( COLP) ] holds responsibility for this document and oversees the firm’s arrangements for both client and matter inception. If they are not available and a prompt response is needed, please...

Read More Right Arrow
PRECEDENTS

This Precedent acts as a framework for examining and reviewing your organisation’s (or your team’s) strengths, weaknesses, opportunities, and threats. The insights gained can then be applied to build on what the organisation (or team) does well, tackle any shortcomings, reduce or eliminate risks, and make the most of opportunities for overall success......

Read More Right Arrow
PRECEDENTS

Five forces analysis Consider carefully the five principal forces (factors) shaping an organisation’s competitive standing and how they influence your sector and your business, and then record your evaluation clearly in the table provided below......

Read More Right Arrow
PRECEDENTS

1 Introduction 1.1 This policy sets out the arrangements for leave and pay when an employee experiences loss of a child (parental bereavement). It also explains the practical measures we will take to support an employee while they are absent from work, and when they return to work. 1.2 The parts of this policy concerning parental bereavement leave ( PBL) [and contractual parental bereavement pay] apply solely and exclusively to employees. They do not extend or apply to agency workers, consultants [, contractors] [, volunteers] [, interns] or casual workers of any kind under this policy. However, the provisions relating to statutory parental bereavement pay ( SPBP) apply, for the purposes of this policy, to employees and also to those who are not employees but are in ‘employed earner’s employment’ with us [(which would include most qualifying agency workers)]. If you are unsure whether you fall...

Read More Right Arrow
PRECEDENTS

This CDD matter risk assessment form captures the risks recognised under the anti-money laundering ( AML), counter‑terrorist financing ( CTF) and counter‑proliferation financing ( CPF) regime, alongside guidance from the appropriate regulators and any extra risks arising from our firm‑wide risk assessment ( FWRA). It is reviewed and refreshed routinely, either as new threats appear and/or at set intervals. When filling in this assessment, you must consult the standalone Explanatory notes, available in the Appendix. 1 Existing and former clients only Please consult section [ insert ] of the Explanatory notes and note your responses below. Is the CDD material on file sufficient and current; for example, where a passport was previously supplied for identification, does it remain valid? Refer to the Explanatory notes for criteria where the client is a company, unregistered company, LLP, eligible Scottish...

Read More Right Arrow
PRECEDENTS

This Agreement is entered into on [ date ] Parties [ Insert name of Customer ] [ of OR ,a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Customer); [ Insert name of Supplier ] [ of OR ,a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Supplier). Each of the Customer and the Supplier is a party, and together the Customer and the Supplier are the parties. Background The Customer wishes to purchase the Equipment and licence the Software from the Supplier. The Supplier agrees to supply the Equipment and to licence (or procure the licensing of) the Software to the Customer in...

Read More Right Arrow
PRECEDENTS

Our reference: [ Client - Code/ Matter - Matter Code/ Matter - Fee Earner initials ] Your reference: [ insert ref ] [ insert full address ] [ insert date ] Dear [ insert name ] Estate of the late [ name of deceased ] We have been asked to handle the administration of the estate of your late [ mother OR father OR grandmother OR grandfather ]. We represent the executor(s), [ insert name ] and [ insert name ], appointed under a Will dated [ insert date ]. You are not listed as a beneficiary in the Will......

Read More Right Arrow
PRECEDENTS

Our reference: [ Client - Code/ Matter - Matter Code/ Matter - Fee Earner initials ] Your reference: [ insert ref ] [ insert full address ] [ insert date ] Dear [ insert name ] Estate of the late [ name of deceased ] We have been engaged to administer the estate of your late [ mother OR father OR grandmother OR grandfather ]. We represent the executor(s), namely [ insert name ] and [ insert name ], appointed under a Will dated [ insert date ]. Under the terms of the Will, you are due a legacy of [ ]. However, Scots law permits specific relatives to assert a claim against the estate, whether or not the person is identified as a beneficiary in the Will......

Read More Right Arrow
PRECEDENTS

1 Introduction 1.1 Our goal is to deliver outstanding service to our clients. Despite our best endeavours, mistakes may on occasion occur. So far as possible, we nurture a culture without blame—any of us can make an error. 1.2 This policy describes our procedures for managing acts or omissions that may give rise to a negligence claim. 1.3 This policy applies to everyone working at any level, including partners, consultants, solicitors, and other employees (whether permanent, fixed-term or temporary), together with contractors, trainees, seconded staff, home-workers, casual staff, agency staff, interns and students, agents, sponsors, volunteers, or any other person connected with the firm wherever they are located (collectively referred to as ‘staff’ in this policy). 2 Responsibility for handling claims against the firm 2.1 [ Insert name of person nominated to receive internal claim/circumstance report forms ] is responsible for dealing with: 2.1.1 acts or omissions that might result in a...

Read More Right Arrow
PRECEDENTS

This Agreement is dated [ insert date ] Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Assignor) [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Assignee) Each of the Assignor and the Assignee is a party; together they are the parties. Background The Assignor owns the copyright and database rights in the Database. The Assignee is [ insert description of the Assignee’s background/background to assignment or relevant transaction ]. The Assignor agrees to assign all such copyright and database rights and to migrate the contents of the Database to the Assignee, and the Assignee agrees to accept that...

Read More Right Arrow
PRECEDENTS

This Agreement is entered into on [ insert date ] Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Assignor); and [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Assignee) Each of the Assignor and the Assignee is a party and, collectively, the Assignor and the Assignee are the parties. BACKGROUND The Assignor holds all Intellectual Property Rights in the Database. The Assignor acts as Controller of the Personal Data contained in the Database and the Data Protection Documentation. The Assignee is [ insert description of the...

Read More Right Arrow
PRECEDENTS

This Precedent This Precedent is suitable for logging and tracking any CDD discrepancy reports received, together with such actions taken upon receipt. Click to download the register in Excel. Please note the register is prepared in Excel and cannot be downloaded to the Word format......

Read More Right Arrow
PRECEDENTS

1 Instructions on completing this form If while carrying out Client Due Diligence ( CDD) checks, or through your ongoing monitoring duties as part of your obligations once a business relationship is already in place, you identify a material discrepancy between the beneficial ownership details supplied by the client and those appearing on the relevant registers (eg the Companies House register), you must complete this form and forward it to the [ state who the form should be sent to, eg nominated officer, head of risk, compliance officer ]......

Read More Right Arrow
PRECEDENTS

1 Scope of this policy 1.1 This policy applies whenever the firm, or a member of staff, presents, refers or recommends a third party to a client. For clarity and consistency, the single term ‘introduce’ is used throughout. 1.2 For the avoidance of doubt, it also extends to introductions to other lawyers and other law firms. 2 Difference between instructing a third party and introducing a client to a third party 2.1 Putting a client in contact with a third party, such as a financial adviser or another lawyer, is not the same as instructing a third party (eg a barrister or expert) to contribute to a client’s matter. ......

Read More Right Arrow
PRECEDENTS

This Deed is entered into on [ date ] Parties [ insert name of party ] [ of OR a company registered in [ England and Wales ] with number [ insert registered number ], whose registered office is at ] [ insert address ] ( Outgoing Party); [ insert name of party ] [ of OR a company registered in [ England and Wales ] with number [ insert registered number ], whose registered office is at ] [ insert address ] ( Incoming Party); [ insert name of party ] [ of OR a company registered in [ England and Wales ] with number [ insert registered number ], whose registered office is at ] [ insert address ] ( Remaining Party), each of the Outgoing Party, Incoming Party and Remaining Party being a party, and together the Outgoing Party,...

Read More Right Arrow
PRECEDENTS

This Agreement is dated [ date ] Parties [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] ] ( Outgoing Party); [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] ] ( Incoming Party); and [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] ] ( Remaining Party). Each of the Outgoing Party, Incoming Party and Remaining Party is a party and, together, the Outgoing Party,...

Read More Right Arrow
PRECEDENTS

Use these drafting notes when preparing a landlord’s section 25 notice that agrees to renewal under the Landlord and Tenant Act 1954 ( LTA 1954). They are designed to assist in completing the prescribed ‘ Form 1’ under the Landlord and Tenant Act 1954, Part 2 ( Notices) Regulations 2004, SI 2004/1005, which is available here. It is sensible to serve the notice in duplicate and ask the recipient to endorse and return the duplicate to confirm receipt. General Under the LTA 1954, a business tenancy continues automatically after the original lease term ends. A ‘business tenancy’ arises where premises are occupied for the purposes of a trade or profession (see LTA 1954 business lease renewal—termination— Meaning of 'occupied for the purposes of business'), unless it falls within one of 17 categories excluded from the LTA 1954 (see: LTA 1954 business lease...

Read More Right Arrow

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

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...

Read More Right Arrow

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 ...

Read More Right Arrow

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 ]...

Read More Right Arrow

Discover more from LexisNexis