Precedent R is a costs precedent. There is no formal requirement to use Precedent R but

To date, we have yet to receive a response from the CPR Committee (CPRC) to our request for clarification as to the approach that should be taken in completing Precedent T when seeking a variation of a costs budget where that variation includes incurred costs. CPR PD 3E was substantially updated, with effect from 1 October 2020, by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747. Among other things, a new Precedent T was introduced for the purpose of variation of a budget pursuant to CPR 3.15A. This rule provides that a party must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions (CPR 3.15A(1)) and any revised budget must be submitted promptly by the revising party to the other parties for agreement

Precedent T is a costs precedent that came into use on 1 October 2020. It is to be used when seeking agreement from other parties to proposed revisions to a costs

Archived: The ability to offer tax-favoured employee shareholder shares or ESS (commonly used in private equity company arrangements) has now been removed. The government announced in the Autumn Statement 2016, the removal of the following reliefs in relation to ESS shares: • the income tax and NICs relief which applies to the first £2,000 worth of employee shareholder shares received by an individual • the capital gains tax exemption in respect of all or a portion of the ESS shares, and • the provision which ensures that, when a company buys employee shareholder shares back from an employee shareholder, the consideration is not a distribution in the shareholder’s hands The removal of the reliefs applies to any employer shareholder agreements made on or after 1 December 2016. However, any individual who received independent advice regarding entering into an employer shareholder agreement before 23 November 2016 still had the opportunity to enter into the agreement before 1 December 2016 and still receive the beneficial income and CGT tax advantages. Similarly, any individual who received independent

DATE [insert date] Parties 1 [insert name] of [insert address] [incorporated in England and Wales with company registration number [insert number]] (the ‘Surety’) 2 [insert name] of [insert address] (the ‘Council’) 1 Definitions 1980 Act • the Highways Act 1980 Bond • this bond agreement in the amount of the Bond Sum Bond Sum • the sum of [insert bond sum specified in the Highway Agreement or agreed with the Council] Default Notice • a written notice served by the Council on the Surety under clause 5.2 of this Bond certifying that the Developer has failed to carry out and/or complete the Works in accordance with the terms of the Highway Agreement, and specifying the sum of money that is, in the [Council’s] opinion, required to carry out and complete the Works in accordance with the terms of the Highway Agreement and/or to remedy any defects or default of the Developer in the carrying out and completion of those works Developer • [insert name of Developer] Highway Agreement • the agreement between the Developer[, [insert any other parties]] and the Council, dated [insert date], pursuant to section [278 OR 38] of the 1980 Act Working Day • any day other than Saturday, Sunday and any bank or public

This Agreement is made on [date] BETWEEN 1 [Council] whose principal place of business is [address] (the Council); 2 [Developer] whose registered office is [address] (the Developer); and 3 [the Guarantor] whose registered office is [address] (the Guarantor). BACKGROUND (A) The Council is the local authority for the area within which the Site is situated. (B) The Council and the Developer are intending to develop the Site. (C) The Council and Developer have been seeking to acquire the land and/or rights needed to develop the Site but have not been able to secure all the land and/or rights required. (D) On [ ] the Council’s [Executive Committee] resolved to progress the steps required to prepare for the making and serving of the compulsory purchase order(s) (CPO)(s) in order to ensure that the Site can be developed which included entering into an agreement to ensure the Developer indemnifies the Council in relation to [all costs and liabilities associated with the CPO OR the costs associated with the preparation and promotion of the CPO] (E) The Council

[IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] ] [Insert court, list or sub-list and venue as appropriate] OR THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY WORK] ] Parties: [insert name]        Claimant

Warning: The content of this promotion has not been approved by an authorised person within the meaning of the Financial Services and Markets Act 2000. Reliance on this promotion for the purpose of engaging in any investment activity may expose an individual to a significant risk of losing all of the property or other assets invested. This document is provided by [insert the name of the person making the financial promotion, or on whose behalf the financial promotion is made]. Recipients of this document who would like further information or who wish to make any other enquiry regarding the matters to which the communication relates should make a request to [insert the postal or electronic address to which a recipient should send such requests. Also, if applicable, insert the country or territory in which the person making the financial promotion, or on whose behalf the financial promotion is made, is incorporated. Also, provide the registered address of the person making

ARCHIVED: This archived Precedent is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and provides guidance in respect of precedent forms of notices and counter-notices previously published by OFCOM in respect of the previous Electronic Communications Code), but the contents remain relevant for the purposes of the transitional provisions set out in the new Code. It is not maintained and is for background information purposes only. The new Code (under Schedule 3A, Part 1 to the Communications Act 2003) came into force on 28 December 2017. The transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, provide that while subsisting agreements under the previous Code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous Code) will continue to have effect as an agreement under the new Code, this is subject to modifications, including in relation to termination in respect of certain subsisting agreements. The transitional

This Agreement is made on [insert date] of [insert month] [insert year] BETWEEN 1 [insert name], of [insert address] (‘Council’); 2 [insert name], of [insert address] (‘County Council’); 3 [insert name], a company incorporated and registered in [insert details] with number [insert details] which has its registered office at [insert address] (‘Developer’); and 4 [Additional parties as necessary eg owner, landlord, mortgagee, option holder etc.] (‘[insert additional parties as necessary eg owner, landlord, mortgagee, option holder etc] ’). Recitals (A) The Council is the local planning authority for the purposes of section 106 of the 1990 Act for the area within which the Land is situated and by whom the obligations contained in this Deed are enforceable. (B) The County Council is the local highway authority for the area within which the Land is situated. (C) [Recite ownership details for the Land]. (D) The Developer submitted the Application to the Council and the Council has resolved to grant the Permission subject to the completion of this Agreement. [The Application has been called in by the Secretary of State for [his] own determination and a public local inquiry is due

AGREEMENT relating to liabilities arising from an agreement made under section 106 of the Town and Country Planning Act 1990 [and [insert other legislation]] in relation to the development at [insert address] This Agreement is made on [insert date] Parties 1 [insert name] of [insert address] ([‘Landowner’ OR ‘Transferor’]); 2 [insert name] of [insert address] ([‘Developer’ OR ‘Occupier’ OR ‘Transferee’]) Background (A) [Recite ownership details for the Land]. (B) On [insert date of Original Agreement], [recite details of the local planning authority], the [Landowner OR Transferor] and [list the parties to the original section 106 agreement] entered into the Original Agreement. (C) Without prejudice to the covenants in the Original Agreement, the [Developer OR Landowner OR Transferor] has agreed to indemnify the [Landowner OR Occupier OR Transferee] against losses, liability, proceedings, costs, claims, demands and expenses as specified in this Agreement. It is agreed: 1 Interpretation 1.1 In this Agreement, unless the context otherwise requires, the following terms (arranged in alphabetical order) shall have the following meanings: 1990 Act • means the Town and Country Planning Act 1990 (as amended) [Consequential Loss • means consequential, special, indirect, incidental or punitive damages or loss or any loss of profits or other form of economic

Unilateral Undertaking under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) relating to development at [insert address] This unilateral undertaking and Deed is given on [insert day] of [insert month] by: Parties 1 [insert name of developer] of [insert address] (the Developer); and 2 [insert name of any additional parties as necessary eg owner, landlord, mortgagee, option holder etc] of [insert address of relevant party] (the Owner/Landlord/Mortgagee etc) TO THE [insert name] COUNCIL of [insert address of Council] (the Council). BACKGROUND (A) The Council is the local planning authority for the purposes of TCPA 1990, s 106 for the area in which the Land is situated. (B) [Recite ownership details for the Land]. (C) The Developer submitted the Application to the Council and the Council has resolved to grant the Permission subject to completion of this Undertaking. [The Application has been called in by the Secretary of State for their own determination and a public local inquiry is due to commence on [insert date].] (D) The Developer has agreed that the Development shall be carried out only in accordance with the obligations set out in this Undertaking.