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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...

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IRELAND - COMMERCIAL

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

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INTERNATIONAL TRADE

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...

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IP

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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Placefirst Construction Ltd versus Car Construction ( North East) Ltd [2025] EWHC 100 ( TCC) What was the background?...

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NEWS

NFU Mutual, the insurer serving the farming sector, stated in its High Court defence that the virus which closed businesses right across the UK was not 'an incident' for the purposes of a policy extension held with a cohort of 37 businesses, including South Farm Ltd and Micklefield Hall Ltd, a country house venue. NFU Mutual further says, in a defence lodged at the court on 20 January 2025, that any proven cases of COVID-19 'in the immediate vicinity or within a one-mile radius of the claimants' premises' did not amount to 'an incident' for the purposes of the [action of competent authority] extension. ' It is denied that the claimants are entitled to any indemnity.' In May 2024, the group of claimants argued they were all due a payout from the insurer for their alleged losses, totalling about £9.5m in business...

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NEWS

The developer’s privacy notice states that all user information is transmitted to China, where it is retained indefinitely, and it makes no reference to European data protection law or any lawful basis for processing personal data. Although the model’s apparently strong performance on a modest training budget has depressed the share prices of US technology companies, consumer organisations in Europe have begun contacting Italy’s Data Protection Authority ( DPA), noted for proactively challenging Open AI two years ago over comparable issues linked to the launch of Chat GPT. The user terms for the Deep Seek generative AI application, jointly controlled by two Chinese companies, present multiple concerns for authorities responsible for enforcing the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDOR). All personal data is stored on servers located in China. Transfers will be “in...

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NEWS

Aer Cap's counsel, Mark Howard KC of Brick Court Chambers Mark Howard KC contended that the policies in issue encompass 116 aircraft and 15 stand-alone engines deemed ‘lost’ after being left stranded in Russia. He told the court: ‘ The plain but unspoken reality, known to everyone here, is that this dispute is about which set of insurers will ultimately indemnify Aer Cap, and that depends solely on peril and loss.’ Opening on 2 October 2024, the trial casts a sharp light on contingent liability insurance. This type of cover responds where loss or damage to aircraft sits within the principal policy, yet the insurer does not step in. Six claims have been combined, likely serving as a test case for later disagreements. The lessors maintain there is ‘no realistic prospect’ of the aircraft and engines ever being returned. Major carriers, including Chubb and...

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NEWS

The watchdog is examining more than 20 separate law firms connected to one of the most serious miscarriages of justice in British history. We will, of course, act as swiftly as we can and, while we cannot confirm an exact timetable, we are hopeful we can commence prosecution action in some cases in the summer of this year, chair Anna Bradley wrote in a blog post on 27 January 2025......

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NEWS

( Chief Constable of Northamptonshire Police v Woodcock, HD and others (by their respective litigation friends) v Chief Constable of Wiltshire Police) [2025] EWCA Civ 13 What are the practical implications of this case? It reminds practitioners that: The Tindall principles are now settled law: no duty of care is owed where the police merely withhold a benefit from an individual, or confer none at all. The decisive question is whether police conduct left the position worse in practical terms. Practitioners should, therefore, test the counterfactual, on the facts: what would have unfolded had the police not been involved? The ‘assumption of responsibility’ and ‘interference’ routes are illustrations of this core divide. Where officers take responsibility for a person, or stop a third party from giving aid, they are, by definition, plainly worsening matters. It is exceptionally hard to identify ‘exceptional...

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NEWS

The forthcoming features could offer multi-model functionality, allowing prompts to extend beyond text to encompass images, video and audio queries; alongside enhanced contextual comprehension, enabling it to better recall details from earlier exchanges and draw more of them into handling your latest requests. They might also bring richer personalisation, permitting it to shape replies more precisely to your requirements, informed by its picture of you from prior interactions, your preferences, and your particular needs. Although their promise is exciting, these capabilities carry consequences for legal practice broadly and, in particular, provoke concerns about confidentiality as AI adoption becomes ever more pervasive, with knock-on effects for dispute resolution today, and what such features could signify for our work in the months and years ahead. The rise of AI and confidentiality concerns The legal profession stands on the brink of a profound shift in how its work is...

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NEWS

Afshar and others v Addison Lee Ltd and others, Case nos 3306435/2020 The issues The claimants’ proceedings followed three earlier claims issued by Mr M Lange together with two further AL drivers (the ' Lange claimants'). Those proceedings were upheld in September 2017 by an employment tribunal chaired by Employment Judge Pearl (the ' Pearl Tribunal'). AL sought to overturn the Pearl Tribunal’s determination, but the EAT dismissed its appeal and the Court of Appeal refused permission to appeal, finding that there was no reasonable prospect of the challenge succeeding in light of the Supreme Court’s judgment in Uber BV v Aslam and others [2021] ICR 657. Notwithstanding those outcomes, AL declined to accept that the Afshar claimants were workers at any time during the periods when they performed services for AL, or at any material time. In the alternative, AL asserted that, even if the...

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NEWS

On 21 January 2025, the High Court made a Tomlin Order noting that Britannia Hotels No.2 Ltd and Aviva Insurance Ltd had decided to pause the litigation following a deal reached on 15 January 2025. The monetary terms of that deal were not revealed. The order provides that all steps in the claim are to be stayed in line with the settlement agreement, save for actions required to give effect to those terms, the order states......

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NEWS

What does the advice cover? The CMA outlines six compliance principles grounded in the Consumer Protection from Unfair Trading Regulations 2008 ( SI 2008/1277). These principles are intended to help TRPs grasp their legal responsibilities and sustain a fair, transparent trading setting, thereby reducing the risk of consumer harm. For each principle, the guidance defines key terms and concepts, sets out why the CMA expects TRPs to adhere to it, and gives practical examples of practices likely to achieve the aim versus those that are not. The scope covers TRPs’ commercial practices on any channel, including: websites apps social media adverts posters brochures What are the key takeaways for trader recommendation platforms ( TRPs)? TRPs should consider the six compliance principles below. The headline points for each are: Principle 1— Representations made by TRPs to...

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NEWS

Why is the CMA consulting? The CMA is inviting views on the draft ‘ Consumer Protection: Enforcement Guidance CMA58ii’ (‘ Draft Guidance’), which sets out the consumer protection tools available to the CMA, and its stance on compliance with and enforcement of UK consumer law. Once finalised, this document will supersede the CMA58 guidance from 2016 (‘2016 Guidance’). The Draft Guidance establishes a framework for applying the CMA’s investigatory and enforcement functions in consumer matters, reflecting changes brought in by the Digital Markets, Competition and Consumers Act 2024 (‘ DMCCA 2024’). That Act strengthens rights and protections for UK consumers and equips the CMA with robust sanctions—including the ability to levy fines directly—for breaches of UK consumer law. It clarifies how these powers will be exercised effectively across investigations and enforcement activity. The consultation closes on 22 January 2025. What are the key changes...

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NEWS

The EU’s General Court ruled today that the EDPB has the authority to order Ireland’s data regulator to launch new investigations into Meta Platforms (see here) The General Court confirmed that the EDPB may instruct national supervisory authorities, including a lead supervisory authority, to widen their analysis, carry out supplementary investigations and adopt fresh decisions, holding that this competence is consistent with EU law. The court emphasised that the EDPB’s use of this power remains open to judicial review. In this matter, however, the applicant confined its challenge to asserting that the EDPB lacked competence, rather than contesting how the power was exercised. The judgment follows a bid by Ireland’s DPC to resist the EDPB’s direction to pursue additional inquiries into Meta, arguing the Board had overstepped its remit. The dispute dates back to 2018 and arose from complaints submitted by...

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NEWS

State aid General Court dismisses action regarding Commission’s decision approving capital injections from Post Nord Group to Post Danmark The General Court has delivered its ruling in Case T-334/22, Danske Fragtmænd v Commission, concerning a legal action brought against the Commission’s decision of 10 September 2021, which approved capital injections in favour of Post Nord and Post Danmark ( SA.49668) and is referred to as the Commission’s 2021 decision. The General Court declared the appeal inadmissible. Background Danske Fragtmænd A/ S (the applicant) is a company established under Danish law, operating on the Danish market for the road transport of goods and for parcel distribution services. Post Danmark is Denmark’s national postal operator and has been entrusted with the universal service obligation since its establishment in 1995. It is a wholly owned subsidiary of Post Nord, which is incorporated in Sweden and owned by the Danish State (40%) and the...

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NEWS

Re Wealthtek LLP (in special administration) [2024] EWHC 3050 ( Ch) What are the practical implications of this case? This ruling emphasises the need to: distinguish an appointment as administrators of a trustee tasked with administering trust property from being appointed as administrators of an insolvent company to deal with the company’s own assets, and accurately identifying for the court the applicable regulatory regime The first question had to be assessed against the objectives of special administration set out in the Investment Bank Special Administration ( England and Wales) Rules 2011 ( IBSA) SI 2011/1301, in particular Objective 1: the return of client assets as soon as reasonably practicable. That statutory aim framed how the court approached the Administrators’ mandate. Because the Administrators’ function fell within category (i) above, and all clients were adults, the bank held the assets on bare trust; the right to...

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NEWS

R (on the application of Cobalt Data Centre 2 LLP and another) v Revenue and Customs Commissioners [2024] UKSC 40 What are the practical implications of this case? This piece examines the Supreme Court’s treatment and use of the governing rules on variation and recission of contracts. The judgment identifies core pointers for commercial advisers when deciding if a later agreement operates as an alteration of an earlier bargain, or instead amounts to recission and substitution. It addresses how to characterise subsequent arrangements against their predecessors. Clarity in drafting amendments Commercial counsel should prepare contractual papers using clear, express wording that indicates whether they are meant to vary or to replace. Unequivocal drafting will evidence the parties’ shared intention and enable any court to prioritise their freedom of contract, from outset and without...

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NEWS

Find the SIAC Rules 2025 here. Given SIAC’s status as the world’s second most favoured arbitral body and Singapore’s emergence as the leading global venue for international arbitration, these revisions could have broad effects and may prompt peer institutions to mirror them. Notably, the SIAC Rules 2025 broaden several features SIAC regards as hallmarks of its case management, and also unveil procedures designed to curb protracted and expensive proceedings. SIAC has likewise fine-tuned other clauses, including disclosures on the scrutiny of the draft award and on third-party funding, to bolster transparency and predictability. The authors (both formerly with the SIAC Secretariat) look back at SIAC’s journey since the 6th Edition of the SIAC Rules took effect on 1 April 2016 ( SIAC Rules 2016), and highlight provisions likely to interest future users of SIAC...

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NEWS

See Q& A: Where the deceased made lifetime gifts in the seven years before their death in excess of the nil rate band, does the annual exemption and the nil rate band apply to the failed PETs before IHT taper relief is calculated? Please consult Practice Note: IHT consequences of lifetime transfers (particularly the section ' Allowances and exemptions') carefully, which sets out how potentially exempt transfers ( PETs) become chargeable to IHT if the donor dies within seven years......

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NEWS

Court of Protection issues anticipatory declarations on care where capacity fluctuates ( Oldham MBC v KZ & Others) Oldham Metropolitan Borough Council v KZ (by his litigation friend the Official Solicitor) and others [2024] EWCOP 72 What are the practical implications of this case? The Court of Protection has, once more, considered how best to respond when an individual is assessed as having ‘fluctuating capacity’. Under section 2(1) of the Mental Capacity Act 2005 ( MCA 2005), capacity is decision-specific and must be evaluated at the point the decision is taken. Fluctuation in capacity creates practical challenges. For instance, a care provider may need, in demanding circumstances, to judge whether a significant choice about care has been made with capacity. Where distinct periods of incapacity can be identified, the courts have been prepared to make anticipatory declarations authorising future measures, eg a care plan, which would...

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NEWS

Removal of liquidator by the court Consult the Practice Note titled Removal of liquidator by the court. For a broad outline of removing and replacing the office-holder, refer to Removal and replacement of the office-holder—overview......

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NEWS

Objectives and background The government intends to harness the Planning and Infrastructure Bill to simplify and improve the national infrastructure consenting regime, with the objective of accelerating the rollout of major economic infrastructure and boosting economic performance. In particular, it seeks to secure a ‘quicker, more predictable, and lower-cost NSIP regime’, so it can provide high-quality infrastructure and push ahead with the growth and clean power pledges in the government’s Plan for Change. The legislative measures set out in this Paper signal a move towards a more strategic, outcomes-led framework, building on reforms already advanced through the NSIP Reform Action Plan and the Levelling Up and Regeneration Act 2023, to make consenting for major infrastructure more effective and swifter. This Paper was issued alongside HM Treasury’s 10 Year Infrastructure Strategy Working Paper, which explains the government’s intention to release a full 10 year...

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Popular documents

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

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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...

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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 ...

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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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