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Lucasfilm did not benefit in any way at Tyburn Film Productions Ltd's expense, counsel said to the appeals court there on 3 December 2025, in part because it already possessed rights over Cushing's likeness and an agreement and consent from the Cushing estate to 'resurrect' him as Grand Moff Tarkin. Tyburn contends it earlier made an agreement with the late actor then, at the time, granting the company a veto over any use of his image prior to his 1994 death. That contract concerns a TV series titled 'Heritage of Horror', which never aired. Tyburn further asserts the deal permits it to effectively 'resurrect' Cushing using stand-ins and CGI to ultimately finish the programme then if the actor were to die whilst filming remained in progress...
Irish telecom operator Eircom’s damages lawsuit against BT Group over a public-sector contract must be carefully managed to trial to deal with confidentiality issues and other matters, a UK judge told the parties today. At the High Court in London today, a judge said Eircom’s damages action against BT over a public-sector contract needs tight case management through to trial to address confidentiality and related concerns. Eircom brought the claim after Ofcom in 2020 penalised BT for its behaviour during a tender. Speaking to both sides, Judge Adam Johnson urged them to resolve any confidentiality flashpoints themselves and signalled he had no wish to step in unless it became unavoidable. He also expressed confidence that parties would do everything possible to keep confidential designations to a minimum, noting this was necessary to maintain control over the conduct of the trial. He framed this as the
The following document is attached: Commission Implementing Regulation (EU) 2026/274 dated 5 February 2026, revising Implementing Regulation (EU) 2025/1981, establishing a final anti-dumping levy on imports of ceramic tableware and kitchenware produced in...
Justice Richard Arnold granted AstraZeneca leave to appeal and permitted lorries carrying about 175,000 packs of Glenmark’s generics to move on to wholesalers, provided they did not reach pharmacy shelves while the case continued at any point during those interim proceedings. In this way, Glenmark could keep its first-to-market advantage, while causing only minimal detriment to AstraZeneca should the Court of Appeal later be persuaded to issue an injunction against supply. The judge said this approach maintained the status quo with the least possible prejudice to Glenmark’s position overall. The hearing was arranged at short notice, just days after the High Court refused AstraZeneca an injunction to block the diabetes generic from sale while the court considered whether the patents supporting the branded medicine were valid in law. Glenmark, Generics (UK) Ltd and Teva Pharmaceuticals have each begun proceedings in the UK to set...
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Elphysic Ltd and others v HMRC [2025] UKUT 236 ( TCC) Four taxpayers, among roughly 18,000 mini‑umbrella companies ( MUCs), were set up to operate a structure designed to benefit from the VAT flat rate scheme for small businesses and the NIC employment allowance. They engaged workers and supplied them, through chains of intermediaries and agencies, to the end client. Each company was said to be under the control of a sole shareholder‑director resident in the Philippines. HMRC considered that these taxpayers, together with the broader group of MUCs to which they belonged, were used to fragment a much larger enterprise so as to reduce overall VAT and NIC liabilities. Consequently, HMRC aimed to refuse the taxpayers access to the VAT flat rate scheme and the NIC employment allowances. HMRC also moved to deregister the taxpayers from VAT on the footing that they had taken part in...
Let the warrantor beware? Hong Kong court’s nuanced approach to locating the ‘ Centre of Gravity’ of contractual indemnity claims ( XX, YY & Others v ZZ) XX, YY & Others v ZZ [2025] HKCFI 3089 What are the practical implications of this case? This published decision plainly delivers greater certainty for investors planning to rely on contractual indemnities via arbitration in the context of inter-related contractual arrangements. It furnishes useful direction for arbitral tribunals on managing the challenges that stem from disputes involving interwoven matters which may reasonably be regarded as falling within the scope of two or more arbitration clauses......
Mergers The Commission granted conditional approval to Naspers Limited’s purchase of Just Eat Takeaway.com via its subsidiary, namely Prosus N. V....
Armstrong and another v Harrow [2025] EWHC 1790 ( Ch) What are the practical implications of this case? This decision offers clear guidance on the boundaries of the equity of exoneration, particularly in scenarios involving spouse-owned companies and joint borrowing. The court held that a joint proprietor cannot invoke the equity simply because funds were used for the other party or their business. Where both co-owners are directors and shareholders of the borrower, they will be regarded as co‑principal debtors, even if one maintains they played only a minor role. The ruling confirms that courts will look beyond formal titles, late efforts to distance oneself (such as resignations or statements of non‑interest), and conventional spousal roles when deciding whether a person truly obtained no benefit or bore no responsibility for the liabilities. It also shows a firm application of the Insolvency Act 1986 ( IA 1986) to...
Cave Projects Ltd v Gilhooley and others [2025] IESC 3 What are the practical implications of this case? The judgment underscores the long‑standing principle governing appellate practice: submissions not advanced promptly or effectively in the courts below will not generally be entertained on appeal. Although recent trends suggest a degree of latitude for fresh points at the appellate stage, the ventilation of wholly new arguments after a full plenary trial will rarely be permitted, save in truly exceptional situations. The threshold for such indulgence remains high and is seldom crossed. Practitioners should note that neglecting to squarely present an issue at first instance is liable to preclude its consideration on appeal. Timing and clarity at trial matter. Here, the appellant did attempt to broach the retrospective operation of the Central Bank notice in the High Court, but the Supreme Court found this was pursued in a...
R ( National Council for Civil Liberties) v Secretary of State for the Home Department ( Public Law Project and another intervening) [2025] EWCA Civ 571 What are the practical implications of this case? This Court of Appeal judgment, which affirms elements of the Divisional Court’s ruling, marks a significant statement on the core character of the right to protest as set out in the POA 1986. It is likewise notable for its treatment of the breadth of so-called Henry VIII powers to alter primary legislation through secondary instruments. The ruling supplies an uncommon, practical guide to the manner in which a court should interpret a statutory scheme that has been modified by subsequent measures. In particular, where the later provision derives from a Henry VIII power, the court’s first reference point must be the objective of the original statute. Only...
Mergers • The CMA has released the complete text of its phase 1 decision, referring the finished acquisition by Aramark Limited of Entier Limited to a phase 2 investigation—see further, case page NOTE— For every live merger before the CMA, see further, UK mergers—ongoing cases tracker Private actions • The CAT issued a ruling rejecting applications by Yew Freight Trading Limiting for a split trial, allocation to the fast-track procedure and cost capping in its damages claim against Puro Ventures Limited, alleging infringement of Chapter I/ Article 101 TFEU—see further, ruling NOTE— For live private actions in the UK that have been made public, see further, UK private actions—ongoing cases tracker Upcoming dates For dates of forthcoming UK competition developments, see further, UK Competition calendar......
The Department for Business and Trade announced on 6 August 2025 that it is seeking views across a number of topics, posed as questions. These also cover access to funding, whether the regime ought to be broadened, and if class representatives should have to satisfy particular criteria before fronting a claim. This request for evidence arrives a decade after the Consumer Rights Act took effect. That statute created the collective proceedings order, or CPO framework, enabling individuals to bring actions against companies for breaches of competition law on behalf of consumers and businesses on an 'opt-out' model. Under this approach, members of the class are automatically included unless they actively decline. In its initial years, the CPO framework saw limited use......
The draft guidance sits within the overhauled consumer protection framework brought in by the DMCCA 2024 in the UK, substantial elements of which took effect in April 2025. For the first time, under the DMCCA 2024 the CMA can enforce consumer protection law directly via administrative processes, rather than having to pursue consumer rights through court proceedings. The CMA also holds fresh authority to levy penalties of up to 10% of worldwide turnover for infringements of consumer protection law. The CMA had earlier indicated it intended to publish definitive guidance on price transparency in Autumn 2025 and, until that final guidance is issued, said it will only pursue enforcement against ‘genuinely unexpected and untrailed mandatory charges added on at the end of a purchasing journey’. Why is price transparency important? DMCCA 2024 refreshed the legal framework to shield consumers from unfair trading, including...
UK developments FCA issues full-page update on climate change and sustainable finance The Financial Conduct Authority ( FCA) has issued a full-page refresh of its ‘ Climate change and sustainable finance’ webpage, setting out its ongoing work in this area. The update draws together recent developments in the FCA’s regulatory stance, designed to support the management of risks linked to the shift to a more sustainable economy and to the impacts of climate change. It also details action to improve the availability and reliability of sustainability information, encourage fair competition, and contribute to internationally aligned standards. This sits within wider efforts to back the UK Government’s goal of making the UK a global centre for sustainable finance. Refer to LNB News 22/07/2025 51. Source: Climate change and sustainable finance [ Update]. FCA publishes multi-firm review findings on climate-related disclosures by asset managers, life insurers and...
R (on the application of Alison Caffyn) v Shropshire County Council [2025] EWHC 1497 ( Admin) What are the practical implications of this case? This ruling will interest anyone tracking the trajectory set by the Supreme Court in R ( Finch) v Surrey County Council [2024] UKSC 20, as the High Court relied on that approach when testing the legality of an EIA for planning permission for an IPU. The court confirmed that, for an EIA to be lawfully sound, the LPA must reach evaluative judgments on two fronts: Causation — whether the effect is sufficiently likely and linked to the proposed development to justify assessment; and Evidence — whether there is an adequate evidential foundation for a reasoned conclusion. A meaningful appraisal does not require absolute certainty or pinpoint precision. Mr Justice Fordham stressed that where an evaluative issue, reserved to the...
Mergers The Commission formally approved the acquisition granting Investindustrial S. A. sole control over DCC Healthcare...
Justice Richard Arnold concluded that, at the material time, specialists would not have regarded it obvious to modify m RNA in the manner described in Moderna’s patent claims. He rejected arguments that the Moderna patent conferred protection on nothing beyond what was already common knowledge. Considering the issues as a whole, he stated that Pfizer/ Bio NTech’s obviousness attack fails—and it is not a close call—in a unanimous ruling. The dispute dates to 2022, when Moderna issued patent infringement proceedings against Pfizer and Bio NTech in the US and Germany, alleging that the rivals infringed two patents safeguarding its m RNA technology. Pfizer subsequently challenged the validity of the corresponding UK patents in the High Court. That court ultimately set aside one of the patents while leaving the other intact, with Arnold J explicitly recording these findings in the written...
The UK government has taken 40 decisions to intervene in deals under the NSI Act. A recent illustration, announced on 22 May 2025, relates to Maple Armor’s shareholding in Fireblitz Extinguisher Ltd and Fireblitz Europe Ltd. As discussed in this article, the matter shows that officials may focus on unanticipated issues or companies, not just the obvious ones. It further indicates that approvals can come with novel or tailored conditions designed to address those concerns. This remains a developing landscape, and adjustments to the Act are on the horizon. From the outset of the regime, advisers and companies have raised complaints about several features of the Act, including the volume of non-sensitive transactions drawn into the mandatory notification regime. On 22 July 2025, the government announced certain exemptions and opened a consultation on updating aspects of the Act, and investors should consider...
The Russian Federation lodged its appellate brief on 4 August 2025 against JSC DTEK Krymenergo, a subsidiary of one of Ukraine’s largest privately owned power distributors, after a lower court concluded Russia had not persuasively shown it never consented to arbitrate a dispute over the alleged 2015 expropriation of the utility’s assets. The appeal, Russia says, stems from a ruling that it did not convincingly demonstrate a lack of consent to arbitrate. Russia’s filing contends US District Judge Carl J Nichols erred both in finding Russia lacked sovereign immunity and in asserting subject matter jurisdiction under the Foreign Sovereign Immunities Act. The submission argues the FSIA arbitration exception does not reach DTEK Krymenergo’s claim to confirm the arbitral award, because the 1998 Russia– Ukraine bilateral investment treaty contains no arbitration agreement applicable to DTEK. The brief states DTEK’s investments were made in...
On 10 July 2025, the government placed the draft Building Safety Levy ( England) Regulations (the Regulations) before parliament. Drawing on powers created by the Building Safety Act 2022 ( BSA 2022), the Regulations establish the ‘building safety levy’ (the BSL, or the levy). The BSL applies to certain new residential developments. The proceeds will assist with meeting the costs of remediating building safety defects throughout England as a whole. The Regulations set out in detail when liability to pay arises, who must pay and at what stage, together with the approach for calculating the charge due. This article outlines the context for the Regulations and summarises their principal features in brief. Background to the levy Bringing in the BSL is a component of the UK government’s response to the Grenfell Tower Fire. It reflects the government’s view that leaseholders of...
On 1 August 2025, the Court of Appeal declined Brazil Iron Ltd permission to challenge a March ruling that determined the dispute should be heard in England. The judges considered there was a risk that the more than 100 claimants would be denied effective access to justice in Brazil. The appeal court added that Brazil Iron’s grounds offered no realistic prospect of success. Proceedings will therefore continue before the High Court. The mining company, though Brazilian, has its head office in London. According to its website, the business aims to lead steel decarbonisation through the sustainable development of Brazil’s emerging iron ore province......
What was the background to this matter? The case related to the estate of Mr David Peace, who passed away at Dignitas in December 2021. Mr Peace was diagnosed with terminal motor neurone disease and was a prominent campaigner for legal reform on assisted dying in the UK. Shortly before his death, he executed a Will by which he bequeathed his flat to his friend Tim, who had travelled with him to Dignitas. In those circumstances, Tim had assisted in Mr Peace’s death and may have committed an offence under section 2 of the Suicide Act 1961. In principle, this would have engaged the forfeiture rule (i.e. that no individual should be permitted to profit from their own wrongdoing, as provided in section 1 of the Forfeiture Act 1982) and would have debarred Tim from inheriting under Mr Peace’s Will. In this matter, the other...
A rift is opening across the UK financial services sector over the fate of digital money. At the centre of the split are comments by Andrew Bailey, governor of the Bank of England, who has again dampened expectations that stablecoins could stand in for bank-issued money. Incumbent finance has cheered; the fintech world is notably less enthused. Bailey, who also chairs the Financial Stability Board, is helping to shape the UK’s regulatory stance on stablecoins—cryptoassets tied to the likes of the dollar or sterling and typically issued by private companies. In several recent addresses, he signalled a preference for banks to tokenise existing deposits via distributed ledger technology rather than adopt stablecoins. He has also grown more cautious about the Bank of England’s own digital pound initiative. ‘ I would much rather [banks] go down the “tokenised deposits” street and say, “how do we...
Farnsworth v The Information Commissioner ( IC) [2025] UKFTT 670 ( GRC) What are the practical implications of this case? This decision serves as a clear prompt for anyone managing information requests to scrutinise the applicability and breadth of exemptions under EIR 2004, SI 2004/3391, or FIOA 2000 where relevant. Erewash Council (the Council) treated the request as falling within EIR 2004, SI 2004/3391 and examined the exemptions in regulation 14. Initially, it considered relying on sub-paragraphs (a) and (e), but ultimately invoked sub-paragraph (d), covering ‘material which is still in the course of completion, to unfinished documents or to incomplete data’. Given that EIR 2004, SI 2004/3391 derives from European treaties to which the UK is a party, the judge stressed that such instruments must be read in good faith, according to their ordinary meaning, in context and in light of their...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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...
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 ...
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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