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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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Hirachand v Hirachand and another [2024] UKSC 43 Background This appeal addressed whether an order for financial provision under the I( PFD) A 1975 can encompass a sum reflecting the success fee under a Conditional Fee Agreement ( CFA) owed by a successful claimant to their solicitors. A CFA is an arrangement between a client and their solicitor under which fees become payable only in specified situations, most commonly if the client wins. Such agreements often include an uplift on the solicitor’s base costs where the client is successful; this uplift is termed a success fee. Although a prevailing party in civil proceedings will usually recover reasonable legal costs from the losing party, section 58A(6) of the Courts and Legal Services Act 1990 bars a ‘costs order made in proceedings’ from requiring payment of a success fee. The factual setting was that...

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The Action Plan acknowledges that the present planning system is not advancing at the speed needed to meet the 2030 clean power target. Advice from the National Energy Systems Operator ( NESO) reportedly suggests that, although the pipeline holds sufficient projects across most technologies, turning that pipeline into delivery will demand much faster rates of planning and consenting decisions. Some barriers have already been eased — for example, the lifting of the de facto ban on onshore wind in England — yet the Action Plan makes plain that further action remains necessary. With this in mind, it commits to a comprehensive programme of planning reform, outlined below. Resourcing Government will equip bodies across the planning system with the tools they require, including the Planning Inspectorate ( PINS), statutory consultees, local planning authorities ( LPAs) and government consenting teams, by: broadening...

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NEWS

On 16 December 2024, the Ministry of Housing, Communities and Local Government released an English Devolution White Paper titled: ‘ Power and partnership: Foundations for growth’. It sets out plans to broaden and intensify devolution across England, giving mayors unparalleled powers and funding, while embedding them in the machinery of government. Why are the proposals being made? The overarching aim is to reset the relationship with local and regional government—empowering local leaders and Mayors to make the right calls for their communities, and working together to foster an inclusive economy, reform public services, and secure improved outcomes. The government also considers Mayors crucial to achieving its commitment to deliver 1.5m homes. What are the key housing and planning proposals? Strategic Authorities and Mayors are proposed to be supported with the following new powers: every area, whether or not it has a Strategic Authority, must prepare a...

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The Court of Appeal ruled on 11 December 2024 The Court of Appeal decided on 11 December 2024 that HSBC must face Carmen Chevalier- Firescu’s allegations of sex discrimination and victimisation over its failure to appoint her as a director in 2018. The appellate court concluded the employment tribunal judge had not sufficiently explained why Chevalier- Firescu could not obtain an extension of time to issue her claim in 2020. Writing for a panel of three justices, Justice Elisabeth Laing stated that the claims should be remitted to a different employment tribunal to consider whether to use its discretion to extend time for bringing any of them. HSBC had assessed Chevalier- Firescu for a 2018 position and interviewed her, but chose not to hire her. In the judgment, she alleged the process was cut short on the basis of “false, derogatory and...

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The order requiring LCF leaders to hand over £180m for their part in the collapse of the so‑called ‘ Ponzi scheme’ draws a line under another phase of this protracted affair. Focus will now move to the SFO and its bid to bring prosecutions in the matter... On 13 December 2024, High Court judge Robert Miles ruled that former LCF chief executive Michael Thomson, together with other parties, was jointly responsible for tens of millions owed to investors after the fund’s 2019 downfall. This stemmed from his November 2024 judgment, which concluded Thomson had failed in his management duties and that the business had, in substance, been run as a Ponzi scheme, following a five‑month trial. The fund attracted capital from more than 11,000 investors but imploded leaving losses of £237m. In his November 2024 findings, Miles also determined that LCF was...

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Social network X is moving to contest Ireland’s Online Safety Code, claiming it both overlaps with and goes beyond other EU statutes, undermining efforts to align the bloc’s platform rules. The case, lodged last month, reached the Dublin High Court on 16 December 2024, with the firm seeking to quash the online safety regulator’s finding that it is captured by the code. Filings reviewed by MLex further illuminate the firm’s grounds for suing the authority. Its position only became public today, as particulars surfaced via a hearing in the Irish High Court and related court documents filed in the case. Policy background The Irish Online Safety Code, released in October 2024, sets fresh duties to block harmful material, deploy age-assurance tools and bolster parental controls (see here). The regulator billed it as ‘an end to the era of social media...

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Water Rower ( UK) Ltd v Liking Ltd (t/a Topiom) [2024] EWHC 2806 ( IPEC) What are the practical implications of this case? The Water Rower ruling provides a practical touchstone for practitioners seeking to pursue claims that products qualify as works of artistic craftsmanship. Assessing the ‘craftsmanship’ element should remain comparatively straightforward: while CDPA 1988, s 4(1)(c) contains no express definition, the judge relied on Hensher, viewing ‘craftsmanship’ as presupposing particular skill, knowledge and training in producing the work—criteria the Water Rower satisfied. The ‘artistic’ requirement, however, remains as elusive as in Hensher. In addressing this aspect, the court undertook a detailed evaluation of the evidence, placing notable weight on the creator’s intentions at the moment of design. Mr Duke’s motivations were found to be essentially commercial and limited to achieving a business aim: to create a rowing machine with sensory impact. That aim was held...

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Urgency requirement Recent jurisprudence underscores that patentees must move quickly once they learn, or become aware, of infringing conduct. If the patentee does not respond without delay, preliminary measures are unlikely to be granted by the court. The authorities have not been entirely uniform on how swiftly an applicant must proceed in this context. In Ortovox v Mammut ( UPC_ CFI_452/2023), the court concluded that, once the applicant holds all information and documentation that credibly supports a promising legal action, there is a one‑month window in which to act. By contrast, in Dyson v Shark Ninja ( UPC_ CFI_443/2023), the allowed period was assessed as two months in which to take steps. That approach was subsequently confirmed in Hand held Products v Scandit ( UPC_ CFI_74/2024), where the court observed that filing the application for a preliminary injunction on the very day on which...

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Switaj v Mc Clenaghan [2024] EWCA Civ 1457 What are the practical implications of this case? The Tenant Fees Act 2019, in force from 1 June 2019, was designed to stop landlords and letting agents adding extra charges to tenants in connection with residential lettings. Save where expressly allowed by TFA 2019, Sch 1, such payments are banned. If a prohibited payment has been demanded and not repaid, reliance on section 21 of the Housing Act 1988 ( HA 1988) to obtain possession is precluded ( TFA 2019, s 17(3)). This decision considers the scenario where money was taken before the TFA 2019 commenced, and whether it can nonetheless amount to a prohibited payment, thereby rendering a notice under HA 1988, s 21 invalid. The point is important because numerous tenancies that commenced before 2019 involved sums which, while lawful at the time, would today be...

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Although most of the Amending Regulations took effect on 5 December 2024, some reporting duties for further parts of the economy will not start until May 2025, thereby affording affected market actors (high value dealers, art market participants, letting agents and insolvency practitioners) more than six months to get ready for these adjustments, including putting in place appropriate policies and internal controls where required. The Office of Financial Sanctions Implementation ( OFSI) has already refreshed its general guidance on UK financial sanctions, and its Frequently Asked Questions, to mirror the Amending Regulations, with tailored sector guidance also issued for bodies that will fall within the broadened reporting scope due to take effect next year. Below, we explore in greater depth the changes that are expected to have the broadest practical implications for UK...

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Mergers The Commission cleared: Carlsberg’s acquisition of sole control of Britvic ( M.11675) after phase I—see Midday Express a joint venture between Schwenk Group and Goldbeck Group ( M.11724) after phase I—see Midday Express It also received the notification in Apollo/ Barnes Group ( M.11789) under the simplified procedure. Note— For all live merger cases, see EU mergers—ongoing cases tracker. State aid Under EU State aid rules, the Commission approved: a Danish scheme (€1.7bn) supporting renewable gas injected into the grid—see press release a French scheme (€127m) for a new container terminal at the Port of Dunkirk—see Midday Express Note— For all live State aid...

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NEWS

DWP review to happen 'in due course' After reports that the project had been shelved, the Department for Work and Pensions ( DWP) confirmed the review will take place 'in due course', signalling a shift from earlier assurances that it would begin before the year's end. The clarification represents a departure from prior pledges on timing and has intensified worries about momentum for change. The exercise is expected to prepare the way for putting into effect recommendations first set out in 2017, and could be central to warding off what many regard as an impending retirement crisis for today's working population. Commentators argue the government's political resolve for further reform has ebbed since the Autumn Budget, which heaped extra costs onto employers through a rise in National Insurance ( NI) contributions. Kate Smith, Aegon's head of pensions, warned that much of Britain is...

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Mergers The CMA has approved the expected purchase of Britvic plc by Carlsberg UK Holdings Limited—see the case page for more. NOTE— For every live merger before the CMA, see UK mergers—ongoing cases tracker. NSI Act The Cabinet Office stated it has issued a Final Order under the National Security and Investment Act 2021, conditionally approving Bharti Televentures UK Limited’s acquisition of 24.5% of the issued share capital in BT Group plc—see the Final Order. NOTE— For a summary of transactions where the UK government has intervened on national security grounds under the National Security and Investment Act 2021, see Government interventions on national security grounds—cases tracker. Subsidy control The Subsidy Advice Unit has released its final report advising Transport Scotland on its proposed subsidy to Cal Mac Ferries Limited—see the final report. NOTE— For all referrals handled by the Subsidy Advice Unit under the Subsidy Control Act 2022, see UK...

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What were the key developments in 2024 The Employment Rights Bill The Employment Rights Bill 2024 ( ERB), unveiled on 10 October 2024, consolidates a suite of rights and policy measures pledged by the Labour government within its ‘ New Deal for Working People’ and the Labour Manifesto. For comprehensive information, consult the Practice Note: Employment Rights Bill—tracker......

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Bangs v FM Conway Ltd [2024] EWCA Civ 1461 What are the practical implications of this case? Although this decision may not, at first glance, appear to carry substantial practical consequences for parties, it serves as a timely reminder to practitioners about the place of a claim’s merits within case management. While it can be tempting, in arguing case management issues, to highlight the strength of one’s position (and the frailty of the opponent’s), the judgment confirms that the starting point is that merits are not relevant and should not be taken into account by the judge, unless a party has a case so strong it would warrant summary judgment and the court can reach that conclusion without much investigation. In that situation, the judgment states, the party wishing to rely on the merits has a duty to give clear notice of that...

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East Riding of Yorkshire Council, as the administering authority for East Riding Pension Fund, v KMG SICAV- SIF- GB [2024] EWHC 2845 ( Ch) What are the practical implications of this case?......

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The Court of Appeal ruled that England was 'clearly and distinctly the appropriate forum' Overturning the High Court’s earlier view that proceedings belonged in Malaysia, the appellate judges found that England is where the dispute should be tried. The claimants assert Dyson failed to act on reports that they had been trafficked and mistreated at a plant producing parts for its goods. Delivering the three-judge panel’s ruling, Justice Andrew Popplewell concluded the court below was wrong to treat the matter as closely tied to the Southeast Asian jurisdiction. He determined the case belongs in England because Dyson’s British company is ‘the principal protagonist’. He added that the pleaded breach— Dyson UK not ensuring policies were carried out in Malaysia, and not responding adequately to information about the abuse, whether known or reasonably knowable—concerns lapses by management in England and is said to have...

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Competition policy The CAT has announced that the Lord Chancellor has appointed five new members to the panel of the chairmen of the CAT. The new appointees are: Andrew Lykiardopoulos KC Charles Morrison Margaret Obi Dinah Rose KC James Wolffe KC For further details, see the press release. Note— For a summary of current competition law legislation, guidance and other policy developments, see UK competition horizon scanning—2024 and beyond. Upcoming dates: for the schedule of forthcoming UK competition developments, see the UK Competition calendar......

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The EU AI Act prohibits AI applications from being placed on the EU market that are considered to create an unacceptable threat to individuals’ safety and fundamental rights. In November 2024, the Commission opened a consultation to shape guidance that will spell out the prohibitions (see: LNB News 13/11/2024 69). At the same time, it has closely worked with EU Member States via the European AI Board. A board subgroup focused on the bans met on 29 November 2024, and national governments were urged to put forward concrete and pertinent examples. AI Board update On 10 December 2024, the Commission briefed the board’s senior representatives, for the first time flagging the examples under review for forthcoming guidance in a presentation seen by MLex. That presentation indicated the new guidance will be accessible for non-specialists, clearly define the scope and key notions, and set out a broad...

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NEWS

A look at US SEC & CFTC’s record year for whistleblower awards Through anonymous reporting routes, robust anti-retaliation protections and financial awards, the agencies have motivated whistleblowers to provide high-quality information on securities and commodities fraud, markedly reinforcing their enforcement efforts. In late November 2024 and early December 2024, respectively, the SEC and CFTC whistleblower offices released their annual reports for the 2024 fiscal year. The documents show the programmes remain robust, attracting record numbers of whistleblower tips and distributing hundreds of millions of dollars to eligible individuals. The reports also outline the chief areas of fraud being reported via the whistleblower programmes and highlight both agencies’ intensified moves to curb companies’ attempts to hinder whistleblower communications. While the SEC and CFTC whistleblower programmes continue to be highly successful, legislative reform is still needed. The imperative is particularly acute for the CFTC’s programme, which is under threat from a...

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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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