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PRACTICE NOTES
What are general damages and special damages? General damages General damages are those damages which cannot be precisely calculated and an assessment of an appropriate sum is made. They include: • non-pecuniary loss (past and future) for pain, suffering and loss of amenity (PSLA), handicap in the labour market, loss of congenial employment, loss of convenience, etc • future pecuniary loss, eg future loss of earnings, future care, etc In practice, the term ‘general damages’ is often used to refer only to PSLA. Although this is the most common head of general damages in personal injury claims, it is not the only one. Care must therefore be taken to ensure that both parties are aware of exactly what is being referred to, particularly during the course of settlement negotiations. Special damages Special damages, or past pecuniary loss, are financial losses to the date of trial that can be calculated fairly precisely, eg past loss of earnings, past travel expenses, past care, etc. In practice, the term ‘special damages’ and a schedule
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Tax analysis: The Court of Appeal (CA) overturned the Upper Tribunal’s (UT) analysis and found that the transfer pricing (TP) rules did permit the existence of third-party covenants to be hypothesised where those covenants would have been present in an arm’s length arrangement and are not present in the actual transaction. In overturning the decision, the CA has allayed fears caused by the UT’s decision that many intra-group loans might not be at arm’s length because the documentation surrounding them did not replicate all the covenants which might exist were it a third-party loan. However, the CA also held that the unallowable purpose rule applied to deny relief for the intra-group interest expenses. For more information about the unallowable purpose aspect of the case. Written by Mark Bevington, principal at ADE Tax.
GLOSSARY
The US name for ordinary shares. Securities which represent an ownership interest in a company. (If the company has also issued preferred stock, both have ownership rights.)
PRACTICE NOTES
This Practice Note sets out the pitfalls in mixed use developments arising from the possible exercise by residential leaseholders of flats within the development of: • their collective right of pre-emption • their collective right to acquire the freehold, and • their collective right to manage • the individual right to acquire an extended lease It also considers the common structures used to mitigate the effect of those rights. Why is structuring a mixed use scheme important? Mixed use developments are schemes which comprise one or more buildings used for commercial, retail and/or industrial use where there is also an element of residential accommodation. Even where the residential element is ancillary to the main commercial use, these schemes need to be treated with a certain degree of caution. Common pitfalls and challenges include: • Right to buy/right of pre-emption — The Landlord and Tenant Act 1987 (LTA 1987) gives qualifying long lease residential tenants the collective right of first refusal (or pre-emption) to purchase the immediate reversion to their leases if their landlord
GLOSSARY
A European standard specifying, for applicable terminal equipment, the mandatory conformity approval requirements for connection to public electronic communications networks.
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Banking & Finance analysis: Stefanie Price, partner and co-head of London Real Estate, and Jack McCaw, senior associate, both at Baker McKenzie, consider the potential impact of the draft Commonhold and Leasehold Reform Bill on real estate finance transactions, including lender security, development and investment finance, due diligence requirements and the implications of the proposed reforms for existing leasehold investments.
PRACTICE NOTES
This Practice Note sets out in table format the types of costs orders the court will most commonly make in proceedings before trial and their general effect, replicating the table at CPR PD 44, para 4.2. The table is not an exhaustive list but includes costs in any event, costs in the case, costs reserved, and costs thrown away. The Practice Note also covers other types of costs orders that may be made by the court eg to manage the costs incurred or to enable recovery of costs from non-parties/third parties. The Practice Note summarises the effect of these orders and sets out the underlying basis for the order eg CPR, legislation or common law. It also provides links through to underlying guidance. Cost orders prior to trial Certain types of costs orders address how the costs are to be dealt with and are commonly made by the court in the proceedings before trial. The table below replicates the table at CPR PD 44, para 4.2. The table is not exhaustive of the types of costs orders
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On 28 October 2025, the House of Commons Housing, Communities and Local Government Committee published its Third Report of Session 2024–26, Delivering 1.5 million new homes: Land Value Capture, setting out recommendations on section 106 agreements, the Community Infrastructure Levy (CIL), viability policy and the New Towns programme.
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The Science, Innovation and Technology Committee has initiated an inquiry into the relationship between social media algorithms, generative AI, and the proliferation of harmful online content. This investigation, prompted by the summer 2024 anti-immigration riots, aims to scrutinise the role of social media platforms in disseminating false information. The inquiry will assess the efficacy of existing and proposed regulations, including the Online Safety Act, and explore potential additional measures. Written submissions addressing various aspects of the issue are invited until 18 December, with a focus on algorithmic content ranking, business models, and accountability for harmful content spread.
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The House of Commons Finance Committee has launched an inquiry into savings within the House of Commons Administration budget, following a May 2025 programme targeting 10% cumulative savings by 2028/29. The inquiry aims to assess whether current savings ambitions are sufficient and increase budget transparency, after the Committee found administration headcount increased by over 90% since 2014/15. Public evidence sessions are scheduled for 25 November 2025 with administration officials and 2 December 2025 for external perspectives.
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The House of Commons International Development Committee has assessed the Foreign, Commonwealth and Development Office’s (FCDO) approach to value for money (VfM) in UK aid and found weaknesses in its procurement practices and reliance on private contractors. It observed that the FCDO increasingly depends on large prime contractors, creating barriers for smaller firms and reducing competition and expertise in the sector. The Committee noted that opaque procurement procedures, inconsistent transparency standards and a lack of comprehensive public data risk undermining accountability and cost-effectiveness in aid delivery.
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The House of Commons Library has published a research briefing tracking the progress of the government’s legislative programme. The briefing includes a useful summary that lists the Bills announced in the 2024 King's Speech, the dates they were introduced into Parliament, and which have received Royal Assent. The table lists 35 Bills, of which 33 have been introduced and 17 have received Royal Assent to date.