If a property transaction involves an overseas entity, the parties should always consider the need for delivery of a legal opinion, given by local counsel in the relevant jurisdiction, in respect of the transaction documents. Any requirement for a legal opinion should be identified at the outset of a transaction. The parties can then ensure that they incorporate the practical steps necessary to deliver a satisfactory final legal opinion into the transaction timetable (and, where appropriate, the transaction documents). This Practice Note looks at legal opinions in respect of overseas entities that are party to property transactions in England and Wales. It covers what a legal opinion is, when it might be required in a property transaction, what it should include and HM Land Registry’s requirements. For further guidance on overseas entities, see Practice Notes: • Overseas entities and land under the Economic Crime (Transparency and Enforcement) Act 2022—property registration and restrictions, and • Execution formalities for overseas companies—execution of deeds in property transactions For guidance on legal opinions in real estate finance, see Practice Note:

Legal opinions are used in the vast majority of loan transactions. They are usually either a condition precedent to funding or a condition precedent to the signing of the finance documentation. They provide the addressee of the legal opinion, typically the lender, with confirmation of certain legal matters relating to a loan transaction. Although they are seen across many different types of loan transactions, they can be tricky to deal with from both a legal and practical perspective and, as such, should be discussed and agreed as soon as possible in the transaction process. This Practice Note explains: • what are legal opinions • when are they used • who can rely on them • what they cover • how legal opinions are used in cross-border transactions, and • the structure of a typical opinion letter For more information, see Practice Notes: • Conditions precedent • Instructing and managing local counsel, and • How to draft and review legal opinions in loan transactions and Checklists: • English law legal opinion—assumptions checklist, and • English law

This Practice Note discusses circumstances where a local authority may become involved with land and property which is owned by someone who lacks the mental capacity to manage or make decisions concerning that land. It contains a general overview of capacity and a summary of the practicalities when dealing with land, both in sole and joint ownership. It also provides an overview of the position where property is required to fund an individual’s care and also where local authorities may need to enforce obligations upon an owner where property has fallen into disrepair. Mental capacity An individual lacks capacity in relation to a matter if the individual is unable to make a specific decision at the time the decision is to be made and that inability is due to an impairment or disturbance in the functioning of the mind or brain. See Practice Note: Mental capacity—an introduction. An individual is unable to make a decision for themselves in relation to

Legal papers are the written documents used to start, advance, evidence or resolve legal proceedings or transactions. The expression is descriptive rather than a defined statutory term and is used broadly and flexibly across civil, criminal and administrative practice. In England and Wales, Northern Ireland and Ireland, “legal papers” will typically include claim forms, writs, originating summonses, statements of case (pleadings), affidavits, witness statements, orders, consents, skeleton arguments, opinions, contracts, deeds and other formal instruments. In Scotland, the term covers equivalent court documents such as initial writs, summonses, defences, inventories of productions, affidavits and interlocutors, as well as transactional documents and counsel’s written work. The expression is often used in practice to distinguish formal legal documentation from informal correspondence or internal notes. It is relevant for issues such as service, filing, disclosure, privilege, document management, client care and professional liability. While the precise procedural names of particular documents vary by jurisdiction, the underlying concept of “legal papers” as formal, legally significant written materials is broadly consistent across the UK and Ireland.

Legal privilege is the main means by which a company can resist disclosure of a confidential communication or document to a third party, such as a competition authority or court. Whether or not a communication is privileged will depend on the parties to the communication and the purpose for which the document came into existence. The concept of legal privilege can differ, sometimes markedly, depending on the jurisdiction and type of proceeding. Why is legal privilege important? Privilege is important because it can provide an absolute bar to disclosure in the following cases: • inspection visits under competition law by the competition and regulatory authorities ('dawn raids'), • document requests from competition or regulatory authorities, and • disclosure in court proceedings EU legal privilege The legal position There is no express recognition of the concept of legal privilege in EU law, whether in Articles 101 and 102 TFEU or the regulations of the European Commission (Commission) and the European Council implementing those provisions. The exceptions to the Commission’s general powers to examine documents have

A ‘cycle track’ is a way which constitutes or comprises a highway, which the public have a right of way on pedal cycles (other than pedal cycles which are motor vehicles) with or without a right of way on foot. Cyclists may use existing all-purpose highways, bridleways, restricted byways and byways open to all traffic (BOATS). However, to provide an environment for cyclists that is free from motor vehicles but suitably surfaced, it is necessary to create a cycle track using the appropriate legal procedure. Cycle tracks can be established by converting an existing right of way (by downgrading or upgrading highway rights), or by creating a new cycle right. The Department for Transport (DfT) has published guidance on the legal procedures for creating cycle tracks. Conversion of an existing right of way Converting footpath rights to a cycle track Orders may be made under section 3 of the Cycle Tracks Act 1984 (CTA 1984) and the Cycle Tracks Regulations 1984, SI 1984/1431 (the CT Regulations) to designate all or part of a footpath as a way over

Sending out basic review work to low cost economies or outside the company/firm.

A portmanteau term comprising legal advice privilege and litigation privilege.

Explaining LPP to colleagues Recommendation Comment/Action ☐ Ensure you are able to articulate exactly what privilege is to your colleagues.Explain how privilege works and what is needed.See Precedents: Legal professional privilege—quick guide for staff and Legal professional privilege—top ten tips. [Insert comment or action] Document creation/dissemination Recommendation Comment/Action ☐ Advise staff that they should be careful about creating and disseminating documents unnecessarily.See Precedents: Legal professional privilege—quick guide for staff and Legal professional privilege—top ten tips. [Insert comment or action] ☐ Consider banning the use of e-mail for circulating legally privileged documents.See Precedents: Legal professional privilege—quick guide for staff and Legal professional privilege—top ten tips. [Insert comment or action] ☐ Remind staff not to refer to legal advice or other privileged material in e-mails, save where necessary and in communications which are themselves limited to and protected by privilege.See Precedents: Legal professional privilege (LPP)—quick guide for staff and Legal professional privilege—top ten tips. [Insert comment or action] ☐ Encourage staff to consider their approach

Legal professional privilege (LPP) is a fundamental right, entitling [insert organisation’s name] to withhold evidence from production to a third party or court. It allows the organisation to obtain skilled advice about the law, putting all relevant facts before our legal advisers without fear that they may afterwards be disclosed and used against us. This quick guide explains what legal professional privilege (LPP) is and how we can best protect it. 1 What is legal professional privilege? LPP is an umbrella term encompassing: —legal advice privilege (LAP), and —litigation privilege LPP protects the confidentiality of written and oral communications between lawyers and clients. It is a fundamental right, entitling a party to withhold evidence from production to a third party or a court. Legal advice privilege Litigation privilege Legal advice privilege attaches to all communications made in confidence between a client and their lawyer for the purpose of giving or obtaining legal advice.There are four essential elements to legal advice privilege; all of which must exist for advice privilege to apply:—an authorised client must be present in the communication—the communication must contain legal advice—the

The Freedom of Information Act 2000 (FIA 2000) confers a general right of public access to information that is held by public authorities which requires a public authority to confirm whether or not the information requested is held, and if it is held, to provide that information. This right of access to information is not unfettered, and a number of exemptions are contained within FIA 2000, which reflect the various areas where the release of information could be damaging to the proper operation of the public sector. Legal professional privilege Legal professional privilege is a rule of law protecting communications linked with the obtaining of legal advice. There are two classes of legal professional privilege—legal advice privilege and litigation privilege. Legal advice privilege applies to communications between a client and their lawyer which form part of the process of giving legal advice. This privilege applies irrespective of whether there are any actual or contemplated court proceedings. In contrast, litigation

This Practice Note is intended for in-house lawyers, including lawyers working in-house in law firms. It explains what legal professional privilege (LPP) is, how LPP operates, and to whom it belongs. This Practice Note also explains how LPP can be lost or waived and summarises LPP issues in selected other jurisdictions. It covers legal advice privilege and litigation privilege, which are two distinct types of LPP. It incorporates, where appropriate, SRA guidance on LPP for in-house lawyers. See section: SRA guidance for in-house lawyers. While aspects of the law on privilege are untested and open to academic debate, for in-house lawyers the question of whether privilege applies will typically be answered by the practical application of core principles and professional judgement. What is legal professional privilege? LPP is an umbrella term encompassing: • legal advice privilege (LAP), and • litigation privilege LPP protects the confidentiality of written and oral communications between lawyers and clients. It is a fundamental right, entitling a party to withhold evidence from production to a third party