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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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See Q& A: Is interest due on the late payment of a nil-rate band legacy paid after the end of executor's year? Numerous commentators describe a nil rate band gift as a pecuniary bequest (for example, a sum matching the deceased’s unused IHT nil rate band). Still, indeed, the question remains whether or not......

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NEWS

Residential leasehold reform In November 2024, the Ministry of Housing, Communities and Local Government ( MHCLG) unveiled a bold package of proposed leasehold changes slated for 2025, including commencement of the Leasehold and Freehold Reform Act 2024 ( LFRA 2024) and further steps to reform leasehold and commonhold. LFRA 2024 The government’s anticipated schedule for bringing LFRA 2024 into effect is: In January 2025, the measure abolishing the ‘2-year rule’ is due to start, allowing leaseholders to extend their lease or buy their freehold without waiting two years after purchase In spring 2025, right to manage reforms (broadening access, reshaping costs and voting rights) will take effect as one coherent package, enabling more leaseholders in mixed-use buildings to assume management from freeholders, and meaning leaseholders bringing claims will, in most instances, no longer meet their freeholder’s costs In early 2025, the...

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NEWS

Towards a ‘ Maximalist’ approach in the control of international public policy Historically, owing to the French courts’ pro‑arbitration posture, the annulment judge embraced a ‘minimalist’ lens when testing whether recognition and enforcement of an award offended international public policy. Designed to preserve the integrity of arbitration, that stance imposed a demanding threshold for establishing a breach, as outlined below. From 2012 onward, however, the French Supreme Court and the Paris Court of Appeal signalled a move towards a more exacting line. The ‘minimalist’ approach As framed in the Paris Court of Appeal’s 2004 Thalès ruling and later affirmed by the French Supreme Court in the 2008 Cytec decision: any infringement of international public policy had to be ‘flagrante, effective et concrète’ ( Thalès, para [31]; Cytec, last para.); the annulment judge was not allowed to revisit the arbitral tribunal’s reasoning, nor to take into account fresh...

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NEWS

The data Between July and September 2024, the FOS logged 73,692 new complaints. The equivalent period in 2023 brought 46,716 cases—a 58% rise in total complaints. The FOS sets out the five most complained-about products, comparing Q2 2024 with the same quarter in 2023: credit cards—22,366 complaints, versus 4,505 hire purchase for car finance—11,817 complaints, versus 4,622 current accounts—9,186 complaints, versus 7,880 car or motorcycle insurance—3,386 complaints, versus 4,036 electronic money—2,196 complaints, versus 1,340 Complaint volumes have reached record highs overall and for particular products, with several categories showing sharp year-on-year jumps. The largest increases concern credit cards and hire purchase agreements, up 496% and 255% respectively. Complaints about current accounts, although growing less steeply, have still hit their highest quarterly level on record. There has also been a notable rise in fraud and scam matters. The FOS has indicated that a substantial share of complaints relate to fraud and scams. In the...

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NEWS

Sky UK Ltd and another company v Riverstone Managing Agency Ltd and other companies [2024] EWCA Civ 1567 What are the practical implications of this case? It is uncommon for coverage disputes under CAR policies to reach the Courts, as most are resolved through private arbitration. This ruling is especially welcome because it addresses a policy with a standard-form insurance clause, making it likely to have broad application. The standout finding relates to cover for damage emerging after the expiry of the policy. The judgment emphasises the value of reverting to first principles when grappling with complex legal issues. The central tenet is that an insurance policy is a contract of indemnity, under which the insurer undertakes that the insured peril will not materialise. If the insured event nevertheless occurs, the insurer is in breach of contract and must pay...

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NEWS

Labour’s Mansion House agenda includes setting up fresh pension megafunds, capable of directing a further £80bn into UK infrastructure and start-ups. At the same time, the Prudential Regulation Authority ( PRA) (the regulatory authority that supervises the Bank of England) plans stress checks on insurers that have pledged as much as £100bn for the economy, following the introduction of more relaxed capital rules. Helen Ball, a partner at Sacker & Partners LLP, noted there are many justifications behind both the present and former governments’ push to channel pension assets into the UK economy. She added that while the intentions are sound, every party must put savers first. Elsewhere, court decisions risk piling additional costs onto pensions and insurers. Providers may face extra blows on coronavirus ( COVID–19) claims when several landmark test cases finish in 2025. Without government steps to narrow a Court of...

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NEWS

TPT Retirement Solutions ( TPT) revealed it is already in 'serious discussions' with hundreds of employers about launching multi-employer Collective Defined Contribution ( CDC) arrangements. The Department for Work and Pensions ( DWP) is anticipated to issue its reply within the coming weeks to the consultation on multi-employer CDC plans, with legislation expected to follow shortly afterwards. ' Over the next year, we anticipate the groundwork will be set for a marked broadening of CDC pensions,' said Andy O' Regan, TPT's chief client strategy officer at TPT......

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NEWS

The brokerage heavyweight reported that ‘favourable supply dynamics’ have appeared in 2024, spurring sharper price competition across placements. Insurance is inherently cyclical in nature for buyers and carriers alike. After heavy loss years, underwriters usually lift rates and pull back capacity, creating what is termed a hard market phase. When claims ease and profitability returns, premiums tend to come down and cover widens, signalling a softening market cycle. Howden noted that falling prices—the first since 2017—indicated that the persistently......

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NEWS

Lee Feldman, once chair of GVC Holdings Ltd, now Entain, and Kenneth Alexander, the group’s former chief executive, allege the watchdog improperly revealed details of the probe during a licence assessment linked to an unsuccessful leadership bid. Their High Court filing states the Gambling Commission’s conduct caused them 'damage, distress and embarrassment, as well as the loss of standing'. In December 2023, Entain consented to pay £615m under a deferred prosecution agreement, concluding an HM Revenue and Customs ( HMRC) inquiry into the company’s alleged shortcomings in instituting anti-bribery controls at its erstwhile Turkish operation, divested in 2017. The row stems from June 2023 applications: Feldman to join 888 Holdings plc as a director, and Alexander to become chief executive at the same gambling group. They argue the disclosures occurred throughout the review and significantly undermined their candidacies and...

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NEWS

Banking & Finance 2024 case round up Force majeure—shipping contract—reasonable endeavours RTI Ltd ( Respondent) v MUR Shipping BV ( Appellant) [2024] UKSC 18 This Supreme Court decision examines how a force majeure clause in a shipping contract between MUR Shipping BV ( MUR) and RTI Ltd ( RTI) should be interpreted. Such clauses excuse a party from performing when specified events outside the parties’ reasonable control (acts of God) occur. They frequently contain a ‘reasonable endeavours’ proviso, which prevents a party from invoking force majeure if the consequences could be averted by taking reasonable steps. The appeal turned on whether those reasonable endeavours required the party seeking to rely on force majeure to accept an offer of performance that did not match the contract terms. In this instance, the suggested alternative was payment in euros rather than US dollars. The Supreme Court unanimously allowed the appeal, ruling that MUR’s...

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NEWS

In summary, the long‑anticipated substantive regime is edging closer. The consultation to revamp the regulatory regime for medical devices post‑ Brexit launched in September 2021, with the government’s detailed reply issued in June 2022 (see: LNB News 16/09/2021 90 and LNB News 27/06/2022 48). In early 2024, the MHRA set out a Roadmap detailing the milestones towards the future regulatory framework (see News Analysis: MHRA issues Roadmap towards new medical devices rules). There have been two key recent developments: New post-market Surveillance regulations laid before Parliament In October 2024, a new PMS Statutory Instrument ( SI) was laid before Parliament, representing the first significant update to the framework since the consultation. The MHRA’s goal is to bring in ‘clearer and more robust requirements’ to strengthen patient safety and support better traceability of incidents and reporting trends. The government characterised the PMS changes as a...

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NEWS

R (on the application of Elliott Associates Lp and another company v The London Metal Exchange and another company [2024] EWCA Civ 1168 What are the practical implications of this case? In what the Court of Appeal termed an 'ultimately straightforward case', this judgment underlines the breadth of latitude afforded to regulators and decision-makers, especially amid exceptional circumstances of this nature. The Court noted the situation was a 'once in a generation event'; permitting the trades to stand would have posed a real threat to the international metals market. It emphasised that the defendants were required to act with urgency, did so on information sufficient to decide, and were justified in rejecting the option of letting the trades stand as that would have breached their regulatory obligations. The ruling confirms that expert decision-makers will be granted discretion to take similar steps where a rational and...

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NEWS

In a report dated 2 January 2025, Howden disclosed that insurers and aircraft lessors have already struck certain confidential, partial settlements. The insurance market had been expected to face liabilities of up to US$17bn to address aircraft stranded in Russia since the onset of the Ukraine conflict nearly three years earlier, and the related losses. Howden indicated that swift agreements could pare back the overall bill in total......

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NEWS

Digital markets CMA announces it intends to launch SMS investigations in relation to 3 distinct digital activities within six months of regime Following the commencement, on 1 January 2025, of the new digital markets competition regime under the Digital Markets, Competition and Consumers Act 2024 ( DMCCA), the CMA set out a statement outlining its immediate intentions as the regime came into force. In January 2024, the CMA outlined its planned approach to the digital markets regime, indicating it anticipated launching three or four Strategic Market Status ( SMS) investigations within the first year of the DMCCA’s commencement......

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NEWS

R ( Here for Good) v Secretary of State for the Home Department [2024] EWHC 2817 ( Admin) What are the practical implications of this case? There is a continuing pattern of the Home Office shifting matters practitioners might previously have expected under eligibility into the gateway validity rules. As this case makes clear, that approach allows an application to be refused at the outset without detailed scrutiny and without any right of appeal. In crucial immigration decisions—sometimes taken by relatively junior civil servants—the appeal route can act as a vital safeguard. The result of this case therefore increases reliance on judicial review, which is a more intricate and costlier route. For EUSS matters in particular, the two‑stage assessment for late applications remains in place, with acceptance or refusal determined at an initial validity stage. What was the...

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NEWS

Banking & Finance—debt capital markets, derivatives and securitisation 2024 key developments round-up and looking forward to 2025 Debt securities UK prospectus regime What were the key developments in 2024? The UK moved to overhaul its prospectus landscape in 2024. On 29 January, final regulations were made to introduce a fresh framework, replacing the existing regime derived from the ‘assimilated’ UK Prospectus Regulation. The new structure is anchored in the Public Offers and Admissions to Trading Regulations 2024 ( POATRs), alongside detailed rules to be crafted by the Financial Conduct Authority ( FCA). POATRs took partial effect on 30 January 2024, with the balance scheduled to commence when the UK Prospectus Regulation is revoked under the Financial Services and Markets Act 2023—a revocation date that has yet to be set. The FCA’s forthcoming rulebook will define the granular requirements for public offers and admissions to trading on UK...

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NEWS

The UK Supreme Court set fresh parameters for bad faith claims in a protracted dispute involving broadcasting heavyweight Sky, concluding the registrations were made in bad faith. The ruling is set to reshape IP filing tactics for major brands across the UK. The Court of Appeal also clarified what material can substantiate passing-off claims in the clash between British grocer Tesco and cut-price competitor Lidl. In addition, appellate judges increased the rate Lenovo must pay to owners of patents essential to wireless technologies, a step that practitioners say achieved an important equilibrium amid rising worries that UK courts favoured one side or the other. Law360 revisits key decisions that characterised an exceptionally busy year for European IP specialists. High-profile decision in Sky v Sky Kick In one of the most prominent UK intellectual property judgments in recent times, the Supreme Court in Sky Kick UK Ltd v Sky Ltd...

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NEWS

Competition policy CMA and Department of Business and Trade and CMA sign memorandum of understanding over international co-operation and consumer law enforcement The CMA has published a memorandum of understanding ( Mo U) with the Department for Business and Trade ( DBT) concerning international co-operation on competition and consumer law enforcement. The Digital Markets, Competition and Consumers Act 2024 introduces measures that bolster collaboration between the UK’s competition and consumer authorities and their counterparts overseas. The Mo U provides the framework for cross-border co-operation between DBT and the CMA. It outlines expectations, roles and responsibilities for joint working, including: the sharing of relevant information for use in civil and criminal investigations and proceedings; the provision of investigative assistance to regulators abroad; and arrangements for international co-operation. See further, memorandum of understanding. Upcoming dates: For dates of upcoming UK competition...

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NEWS

FRF ( South Wales) Ltd v HMRC [2024] UKFTT 1145 ( TC) The company took a lease on a disused steel-framed warehouse that had previously operated as a furniture store. It invested over £1.5m converting the building into a motor showroom and claimed allowances for a substantial portion of the outlay. Extensive works were undertaken, with only the following original features remaining: Ground floor slab and foundations Below-ground drainage Incoming services Six of the original ten structural steel portal frames Roof sheeting rails New cladding, glazing, vehicle roller shooter doors and internal services were installed. The completed showroom covered just 57% of the warehouse’s overall footprint. The company maintained that the expenditure was eligible for capital allowances on the basis that the works fell within the definition of ‘conversion’ of......

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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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