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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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Original news Mr G ( CAS-110116- G1N5)—7 August 2024 Summary The Pensions Ombudsman dismissed a complaint concerning a transfer that moved benefits into a pension liberation arrangement. The applicant had been given the Pensions Regulator’s Scorpion leaflet warning about pension scams, and the transfer was completed in line with the regulatory guidance applicable at the time. The Ombudsman allowed the scheme a one‑month window to adjust to the updated guidance. In any case, it was probable the transfer would have gone ahead even if more robust due diligence had been carried out. The determination highlights the need to assess cases by reference to the guidance then in force, rather than with hindsight... What were the facts? Mr G held deferred membership in the Asda Group Pension Scheme (the Scheme)......

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Antitrust An appeal has been filed at the Court of Justice in Case C- 819/24 P, Qualcomm v Commission, challenging the General Court’s judgment in Case T- 671/19, which largely upheld the action to annul the Commission’s Qualcomm predatory pricing decision ( AT.39711). Note— For live antitrust appeals—see Court of Justice appeals—ongoing cases tracker. Mergers Following a phase I review, the Commission cleared the joint control of SICK Engineering Gmb H by SICK AG and Endress+Hauser AG, and EH’s sole control of SICK MAIHAK ( Beijing) Co. Ltd. plus certain SICK distribution assets ( M.11692)—see Midday Express. Notifications: Vista/ Blackstone/ Smartsheet ( M.11774) (simplified); Constantia/ Aluflexpack ( M.11536) (normal). Public versions: phase I decision in BPOST/ STACI ( M.11558); phase 2 conditional decision in Vivendi/ Lagardere ( M.10433). The Official Journal carries the Commission’s...

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Ruling 5-2 By a 5–2 vote, the Court of Appeals determined that claimant Emily Wu is subject to Uber’s arbitration provision because she assented to the company’s revised terms of use on her mobile in January 2021. The panel said it was immaterial that, by then, she had already commenced proceedings against the company. Consequently, an arbitrator must consider Wu’s contention that the January 2021 terms were ‘actively misleading’, as they suggested the arbitration pact would apply solely to prospective claims against the company, according to the opinion. ‘ For as long as written contracts have existed, parties have agreed to them without first scrutinising their terms,’ the panel observed. ‘ Such omission can carry legal ramifications, whether the party is a sophisticated business or an everyday customer, and whether the contract is set out on paper or via an electronic pop-up.’ ‘ Here, the...

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Private actions The CAT issued a collective proceedings order (dated 29 November 2024) ( CPO) in Dr Sean Ennis v Apple Inc and Others, regarding an application made to pursue opt-out collective proceedings brought by Dr Sean Ennis, under section 47B of the Competition Act 1998, alleging an abuse of dominance by Apple within the i OS app distribution market......

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FTT allows taxpayer’s R& D appeal ( Stage One Creative Services Ltd v HMRC) In Stage One Creative Services Ltd v HMRC [2024] UKFTT 1059 ( TC), the FTT upheld the company’s appeal concerning R& D claims. The business delivered engineering, construction and automation solutions for live events and installations. One project required it to design, build and install an intricate scenic set for a theatre production: an automated ‘pearl’ that flew across the auditorium and then opened to reveal a performer inside. The company sought R& D relief on costs incurred under multiple contracts, supported by detailed R& D reports. Typically, clients would approach with an idea and were more focused on the end result, not the methods adopted. The written agreements made no reference to R& D and were on a fixed-price basis, giving the company freedom to determine what research and...

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Original news Dr H ( CAS-43565- P2H7)—2 August 2024 Summary The Deputy Pensions Ombudsman dismissed a complaint concerning the use of an early retirement reduction in the context of redundancy. The scheme had shut to further accrual, and the complainant continued to enjoy a final salary linkage, but this was protected by an underpin based on the pension accrued at the closure date, revalued to retirement. Interpreting the scheme rules, the Deputy Pensions Ombudsman found that, although the early retirement reduction could be waived on redundancy, that waiver did not extend to the leaving service underpin. The determination highlights the central role of the scheme’s rules when establishing a member’s entitlements... What were the facts?......

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Digital markets CMA publishes plan to monitor UK’s digital markets regime The CMA has released a paper outlining the UK government’s approach to tracking and assessing the new pro-competition framework for digital markets (the Plan). It explains the monitoring and evaluation ( M& E) work that both the CMA and government will carry out. Their M& E approach rests on three pillars: Process monitoring and evaluation the CMA will publish information on key output indicators for the regime in its Annual Report and Accounts the government and CMA will run continuous internal analysis to observe and review how the regime operates and to help address the overarching evaluation questions Impact monitoring and evaluation the CMA will...

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Mergers Commission withdraws Article 22 guidance The Commission has retracted its 2021 communication that offered direction on the application of the referral mechanism set out in Article 22 of the EUMR for specified types of cases (the Guidance). Following a review of the EUMR's turnover-based jurisdictional thresholds, the Commission, in March 2021, issued the Guidance outlining its revised approach to Article 22. That approach permitted, in particular, any Member State to ask the Commission to assess a concentration lacking an EU dimension but nevertheless which: (i) impacts trade within the Single Market and (ii) is liable to significantly harm competition within the territory of the Member States lodging the request......

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Why is this Review taking place? The prison estate has long teetered on the edge of failure, strained by a population that has doubled over the past 30 years. In the most recent 14 of those years, only 500 extra places were delivered, a stark shortfall against the 14,000 promised by the Conservative government. The new Labour administration has already introduced an Early Release Scheme (‘the scheme’) to unlock 5,500 spaces. Individuals sentenced to more than 4 years in custody for violent, sexual, or domestic violence offences were ineligible. Between September and October 2024, 2,800 people were released under the scheme. While this is a clear, short-term tactic, attention must turn to how those released early will be supported to re-enter their communities, whether pressure on prison infrastructure will simply be shifted onto the probation service, or whether those on licence will receive...

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Business Minister Justin Madders has set out plans to double the period staff have to lodge most employment claims, outlined within a 59-page schedule of amendments to the bill. A six-month timeframe already applies for submitting equal pay cases and statutory redundancy claims. Several changes are far-reaching. One proposal would create a statutory probation period lasting three to nine months, linked to the section of the law that removes the current rule requiring two years’ continuous service before bringing an unfair dismissal claim. A further amendment would bar gig economy firms from relying on substitution clauses in their contracts, a common device used to sidestep higher pay and tax liabilities. Extending the deadline for claims was a policy advanced by the government during the general election campaign and is included in its ‘ Make Work Pay’ programme......

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Re Chaptre Finance Plc [2024] EWHC 2908 ( Ch) What are the practical implications of this case? For a cross-class cram-down, the company proposing it must prove both statutory limbs in CA 2006, s 901G. Such applications typically hinge on expert opinion. Miles J was unequivocal: valuation and outcome analyses relied upon must comply with CPR Part 35. He noted that, had Chaptre Finance Plc relied only on the opinion material filed for the convening hearing, it would probably have failed to satisfy the no worse off condition. He likewise rejected the opponents’ half-way house, where they sought to attack Chaptre Finance Plc’s belated CPR Part 35 reports using nothing more than a letter of opinion. Where creditors wish to challenge expert evidence on either s 901G condition, they should: seek permission to cross-examine the applicant company’s expert(s); and file their own CPR Part...

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The FCA has moved to refute criticism that its plan to publicise more about its investigatory activity conflicts with its aim to embed UK growth and competitiveness factors into its routine operations. In an updated consultation, the FCA argued that greater openness may actually bolster growth and competitiveness if it lightens the load of financial crime and helps smaller firms build knowledge. It said this remains aligned with its growth and competitiveness objective for the UK economy. The FCA set out concessions made to the financial services industry in response to what it called ‘significant concerns’ over its so‑called ‘name and shame’ plan. First set out in February 2024, the proposal to disclose the identities of firms placed under investigation, where doing so serves the public interest, has been roundly criticised by industry, the previous government and groups of...

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In this issue: The Pensions Regulator Pensions dashboards Collective defined contribution schemes Public sector pensions Daily and weekly news alerts Dates for your diary Trackers The Pensions Regulator TPR publishes final Fast Track parameters The Pensions Regulator ( TPR) has issued a standalone, finalised version of the Fast Track tests and conditions. Previously included as Appendix 1 to TPR’s response to its Fast Track and regulatory approach consultation, this document details the parameters that a defined benefit ( DB) scheme must meet when submitting an actuarial valuation with an effective date on or after 22 September 2024 under the Fast Track route. In essence, the framework sets expectations across funding and investment stress, technical provisions, investment risk, and the recovery plan. In completing the parameters, TPR made a number of minor tweaks to better clarify its...

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In this issue: Corporate governance Equity capital markets Environmental, social and governance issues Companies House Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Corporate governance FRC publishes 2024 Annual Review of Corporate Governance Reporting The Financial Reporting Council ( FRC) has issued its 2024 Annual Review of Corporate Governance Reporting, highlighting strong practice and pinpointing areas to enhance. The review offers timely insights as companies ready themselves for the revised UK Corporate Governance Code, effective January 2025. Although overall standards remain high, the FRC calls for more outcomes-led disclosures and clearer reporting on risk management and internal control frameworks. See: LNB News 26/11/2024 21. Equity capital markets Pre- Emption Group reports increased adoption of enhanced capital raising flexibility by UK companies The Pre- Emption Group has published its second annual...

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The EU’s General Court held that the European Commission’s updated cartel penalty on HSBC was not out of time, as the bloc’s competition watchdog had filed an appeal that paused the limitation period. In December 2016, the Commission imposed a €33.6m fine on HSBC after concluding it had joined a cartel to influence a benchmark interest rate. The authority stated that several banks (including Crédit Agricole and JPMorgan Chase & Co) shared commercially sensitive data in breach of antitrust rules, following a five-year probe into aspects of the European Interbank Offered Rate, or Euribor. In September 2019, the General Court set aside HSBC’s fine because the Commission’s reasoning was insufficient, and the Commission appealed that judgment to the General Court. The Commission later recalculated the penalty to €31.7m in June 2021 and the following month ( July 2021) withdrew its appeal. HSBC...

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In this issue: Brexit SIs Guidance for the post- Brexit transition Constitutional and administrative law Judicial review Equality and human rights Public procurement Subsidy control and State aid Information law Further public law news Daily and weekly alerts New and revised content Key dates for your diary Trackers Useful information Brexit SIs Collective Investment Schemes ( Temporary Recognition) and Central Counterparties ( Transitional Provision) ( Amendment) Regulations 2024 SI 2024/1215: These Regulations facilitate putting into effect the government’s inaugural equivalence decision within the Overseas Funds Regime ( OFR). They modify two instruments of UK secondary legislation concerning financial services. The measures rely on powers conferred by the Financial Services and Markets Act 2023 ( FSMA 2023) and the Collective Investment Schemes ( Amendment etc) ( EU Exit)...

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In this issue: Corporate insolvency processes Insolvency trading issues Directors and insolvency International restructuring and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content Corporate insolvency processes Judgment Alert: Re KRF Services ( UK) Ltd [2024] EWHC 2978 ( Ch) This decision arose from a High Court hearing of an application for an administration order and focused on two principal points: (i) whether a sole director’s resolution to seek administration was effective, and (ii) the effect of the sanctions regime. On the first issue, the court examined the Model Articles adopted by the company in unamended form and considered the authorities of Re Fore Fitness Investments Holdings Ltd [2022] EWHC 191 ( Ch) and Re Active Wear Ltd [2022] EWHC 2340 ( Ch). The judge held that, in the circumstances of this case, the resolution was valid......

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Zurich Resilience Solutions announced that its Climate Spotlight solution comes in two distinct product versions. Firstly, Climate Spotlight Core delivers a self-service dashboard enabling organisations to spot climate risks that are present across numerous locations. Secondly, Climate Spotlight Expert layers in tailored configuration and guidance from the firm’s climate risk specialists. Grasping climate risk exposure and shaping robust mitigation and adaptation plans is strategically vital, according to Amar Rahman, the global head of climate and sustainability solutions at Zurich Resilience Solutions. Climate Spotlight serves companies and public-sector entities by granting them access to state-of-the-art......

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In this issue: Trespass and adverse possession Lease covenants and alterations Disputes and remedies Key developments and horizon scanning Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q& As Trespass and adverse possession The freedoms of expression and assembly can be curtailed to avert trespass on private land, as illustrated by The University of London v Harvie- Clark [2024] EWHC 2895 ( Ch). The University sought an interim, precautionary injunction against identified defendants and persons unknown to stop incursions onto its estate arising from continuing protests. The court held the criteria for such relief against persons unknown were satisfied: a proper cause of action was shown; the claimant had given full and frank...

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In this issue: Trade marks/passing off Patents Copyright & associated rights Designs General IP Daily and weekly news alerts Dates for your diary Trackers Useful information Trade marks/passing off Supreme Court slices Sky’s trade marks ( Sky v Skykick) The Supreme Court reinstated the ruling of Mr Justice Arnold (as he then was): Sky’s applications for excessively wide trade marks were made in bad faith. Accordingly, the marks were invalid in part wherever Sky lacked a genuine intention to use them. The Court likewise endorsed the High Court’s trimming of Sky’s specification. Skykick’s appeal against the infringement finding, however, did not succeed. This top‑tier decision confirms that an absence of intent to use a mark for listed goods or services can found a bad faith invalidity claim, and it offers guidance on when such bad faith will be made out. By...

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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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