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Lucasfilm did not benefit in any way at Tyburn Film Productions Ltd's expense, counsel said to the appeals court there on 3 December 2025, in part because it already possessed rights over Cushing's likeness and an agreement and consent from the Cushing estate to 'resurrect' him as Grand Moff Tarkin. Tyburn contends it earlier made an agreement with the late actor then, at the time, granting the company a veto over any use of his image prior to his 1994 death. That contract concerns a TV series titled 'Heritage of Horror', which never aired. Tyburn further asserts the deal permits it to effectively 'resurrect' Cushing using stand-ins and CGI to ultimately finish the programme then if the actor were to die whilst filming remained in progress...
Irish telecom operator Eircom’s damages lawsuit against BT Group over a public-sector contract must be carefully managed to trial to deal with confidentiality issues and other matters, a UK judge told the parties today. At the High Court in London today, a judge said Eircom’s damages action against BT over a public-sector contract needs tight case management through to trial to address confidentiality and related concerns. Eircom brought the claim after Ofcom in 2020 penalised BT for its behaviour during a tender. Speaking to both sides, Judge Adam Johnson urged them to resolve any confidentiality flashpoints themselves and signalled he had no wish to step in unless it became unavoidable. He also expressed confidence that parties would do everything possible to keep confidential designations to a minimum, noting this was necessary to maintain control over the conduct of the trial. He framed this as the
The following document is attached: Commission Implementing Regulation (EU) 2026/274 dated 5 February 2026, revising Implementing Regulation (EU) 2025/1981, establishing a final anti-dumping levy on imports of ceramic tableware and kitchenware produced in...
Justice Richard Arnold granted AstraZeneca leave to appeal and permitted lorries carrying about 175,000 packs of Glenmark’s generics to move on to wholesalers, provided they did not reach pharmacy shelves while the case continued at any point during those interim proceedings. In this way, Glenmark could keep its first-to-market advantage, while causing only minimal detriment to AstraZeneca should the Court of Appeal later be persuaded to issue an injunction against supply. The judge said this approach maintained the status quo with the least possible prejudice to Glenmark’s position overall. The hearing was arranged at short notice, just days after the High Court refused AstraZeneca an injunction to block the diabetes generic from sale while the court considered whether the patents supporting the branded medicine were valid in law. Glenmark, Generics (UK) Ltd and Teva Pharmaceuticals have each begun proceedings in the UK to set...
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On 21 November 2024, Shabana Mahmood, the Secretary of State for Justice, stated that the sum would factor in expected inflation up to May 2027, when the subsequent review of the whiplash damages tariff is scheduled. In 2021, the Civil Liability Act brought in significant changes to the way motorists with minor whiplash from road traffic collisions pursue third-party insurance claims. It required claims to be submitted via a new digital portal instead of through the civil courts, and established a fresh schedule of damages for whiplash claims under the Act......
Merger control The CMA announced it is consulting on potential remedies to tackle competition issues provisionally identified during its phase 2 investigation into Global Business Travel Group, Inc/ CWT Holdings, LLC—see further, case page. Note—for all live mergers before the CMA, see further, UK mergers—ongoing cases tracker. Upcoming dates For dates of forthcoming UK competition developments, see further, UK Competition calendar......
The National Crime Agency ( NCA) has brought two charges against Alexei Owsjaniklow over alleged breaches of sanction linked to the payment of private school fees for the children of Dmitry Ovsyannikov, prosecutors told a hearing held at Southwark Crown Court. Ovsyannikov, once a politician for Russia's party, United Russia, served as governor of Sevastopol in Russian-occupied Crimea from 2016 to 2019. He later became Russia's deputy minister of industry and trade between 2019 and 2020. The 47-year-old, who resides in the UK, was placed under UK sanctions in 2020......
Alphier Capital LLP v Blyvoor Gold Capital ( Pty) Ltd [2024] EWHC 2649 ( Ch) What are the practical implications of this case? The High Court’s ruling delivers key takeaways for companies and commercial advisers dealing with transfers of contractual entitlements and duties, especially where no-assignment provisions appear. Drafting: The decision underscores the need for meticulous wording in assignment provisions and the precedence given to a contract’s exact language. Practitioners should, where appropriate, make a clear distinction between assigning ‘rights’ and the ‘fruits’ of those rights, and ensure terms are precisely defined. Statutory definitions—such as ‘ Group’—are likely to be read strictly by the courts. Thompsell J’s application of clause 17.6, barring assignments absent the debtor’s written approval, shows the courts will not sidestep clear terms unless statute or compelling policy expressly allows. Structuring assignments: When arranging assignments, it is vital to comply...
High Court Judge, Michael Soole High Court Judge Michael Soole rejected all grounds advanced by CCP Graduate School Ltd to revisit the dismissal of its claim against Nat West for not preventing a 2016 authorised push payment fraud or retrieving the money. He concluded the earlier order striking out the case was obviously right. The company, which previously ran a further education school in north-west London, had asked Judge Soole to permit a challenge to the March 2024 ruling that the claims were out of time. Judge Soole decided the firm’s sole director, Dan Pathirana, had put forward no arguments with a ‘reasonable chance of success’ at the brief hearing on 22 November 2024, stating the prior decision was ‘plainly......
Substance of consultation The government seeks views on proposals to hasten the overhaul and modernisation of the LGPS. At the heart of the plan is a clear intention to speed up the pooling of LGPS assets rapidly. Combining LGPS funds is not a novel idea indeed. Pool structures have existed in practice since 2015, when eight pools were created in total across the system. Nine years on today, under half of LGPS assets under management ( AUM) are run collectively via these pooling arrangements. Ministers consider this inadequate overall and now propose that, by March 2026, every LGPS asset is overseen within eight so-called mega-funds. The LGPS is not a single scheme; as noted above, it comprises 86 distinct sections in England and Wales—each run by its own administering authority. Government wants to alter how these authorities handle their sections and has required every...
Background In November 2021, the CJC issued an interim report on Pre- Action Protocols ( PAPs), outlining how PAPs should function within a modern, increasingly digitalised civil justice system. It examined a series of reform options for the Practice Direction Pre- Action Conduct and Protocols, and suggested the development of new PAPs in specific areas. No recommendations were made at that stage; instead, the report was released to enable wide consultation and to gather views on the future course of PAPs... After a consultation period that closed in January 2022, the CJC chose to bifurcate the process for completing its review. The first phase concentrated on the role of PAPs within the civil justice landscape and, in particular, the potential advantages of digitalising pre-action procedures. It also reviewed the position and content of the Practice Direction Pre- Action Conduct and Protocols, advancing proposals for a...
Antitrust Commission consults on commitments offered by Corning in ‘ Gorilla Glass’ abuse investigation The Commission has initiated a market test of commitments proposed by Corning to address suspected abuse‑of‑dominance concerns tied to alleged exclusivity arrangements for the supply of Alkali‑aluminosilicate glass ( Alkali‑ AS Glass). This specialist material is mainly employed as cover glass in handheld electronic devices, and Corning markets it predominantly under the ‘ Gorilla Glass’ brand name. Alkali‑ AS Glass has two variants that are commercially significant: lithium aluminosilicate glass ( LAS Glass) and sodium aluminosilicate glass ( NAS Glass). By way of background, on 6 November 2024 the Commission launched a formal investigation because of concerns that Corning may have distorted competition in the Alkali‑ AS Glass market by concluding allegedly anti‑competitive exclusive supply agreements with mobile phone manufacturers ( OEMs) and with companies that process raw glass...
KKH Finvest Private Ltd and another v Jonas Haggard and others , ARB P 38/2024 and IA 700/2024 What are the practical implications of this case? Following the Supreme Court of India’s ( SCI) endorsement of the group of companies doctrine, the DHC’s ruling offers practical direction on how it operates. Reaffirming the SCI’s pronouncements in Cox & Kings Ltd v SAP India ( P) Ltd [2023] SCC On Line SC 1634 and Ajay Madhusudan Patel v Jyotrindra S Patel [2024] SCC On Line SC 2597, the DHC concluded that non-signatories can be treated as true parties where they: bear obligations under a contract (even if they have not signed it), which provides for arbitration; and/or enter into an agreement lacking an arbitration clause that is derived from or connected to a parent contract (containing an arbitration clause), rendering both...
Asiana Airlines, Inc v 1) Gate Gourmet Korea Co, Ltd (2) Gate Gourmet Switzerland Gmb H (3) Christoph Schmitz (4) Xavier Rossinyol Espel [2024] SGCA( I) 8 What are the practical implications of this case? This judgment sets out when anti-suit injunctions may issue to restrain proceedings brought against individuals or entities outside an arbitration agreement. The Singapore Court of Appeal confirmed that a party to a contract containing an exclusive forum clause ( Party A) may obtain such relief to stop another party ( Party B) commencing proceedings against a non-party ( Party C) if one of two alternatives is satisfied. First, Party A must establish that the exclusive forum clause was intended to embrace the non-party; that is, properly construed, Party B agreed with Party A that any claims targeting Party C would be pursued only in the specified exclusive forum. Second, Party A must show...
Mergers CMA prohibits Spreadex/ Sporting Index merger; Spreadex ordered to unwind the merger The CMA has issued its final Phase 2 report on the completed acquisition by Spreadex Limited of the B2C business of Sporting Index Limited, blocking the deal and directing Spreadex to unwind it. Spreadex and Sporting Index both offer fixed odds betting and sports spread betting to UK customers; Spreadex also operates in financial spread betting and casino betting. As the only licensed online sports spread betting providers, the CMA considered that any post-merger constraints from outside this market segment — including unlicensed sports spread betting operators, financial spread betting firms and sports fixed odds betting providers — would be weak. Consequently, the CMA concluded the merger would result in an SLC in the supply of UK licensed online sports spread betting services, confirming its provisional view. It creates a monopoly in the UK...
International Seaport Dredging Pvt Ltd v Kamarajar Port Ltd Civil Appeal No 12097 of 2024 arising out of SLP ( C) No. 25369 of 2024] What are the practical implications of this case? This ruling clarifies the principles that courts must apply when deciding whether, and on what terms, to stay an arbitral award under the Act. It confines judicial discretion to the boundaries set by statute. The 2015 Amendment abolished the earlier position where filing an application to set aside an award automatically stayed its execution. The purpose was to shield awards from baseless attacks and allow the award-holder to enjoy the fruits of the decision, with a standalone stay application being necessary. This judgment drives that aim further: the form of security required to obtain a stay of execution cannot be varied simply because the applicant is a government entity; courts have no...
Antitrust Commission closes antitrust investigation into Apple's rules for developers of e-book/audiobook apps The Commission announced it had closed its Article 101 TFEU and/or Article 102 TFEU inquiry into Apple’s App Store rules and their effects on competition in music streaming and e-books/audiobooks ( AT.40652). By way of context, on 5 March 2020 an e-book and audiobook distributor submitted a complaint against Apple, which competes with the complainant via its Apple Books app. After the complaint was withdrawn, the Commission chose to end the investigation. For further details, consult PSL Competition’s case hub: Apple Store (e-books/audiobooks) ( AT.40652). Commission publishes findings of evaluation of the EU competition rules on TTBER The Commission has issued a Staff Working Document summarising the results of its evaluation of the Technology Transfer Block Exemption Regulation ( TTBER) and the accompanying Guidelines on the application of Article 101 TFEU to...
Re A and B ( Separate Representation) [2024] EWHC 2834 ( Fam) What are the practical implications of this case? This judgment clarifies the considerations the court will apply when determining an application seeking separate representation. In the circumstances, the court also weighed the likelihood of success of the children’s intended set aside application, whether party status would have been afforded, and the extent to which their capacity to issue independent instructions had been impaired, as set out at paragraph [27]......
Questions & unsatisfactory answers—the European Commission publishes guidance on the importer requirements of the EU Methane Regulation On 19 November 2024, the Commission released ‘ Questions and answers on importer requirements of EU Methane Regulation ( EU) 2024/1787’ (the Methane Q& A). In essence, the Methane Q& A seeks—albeit inadequately—to resolve key issues that have preoccupied the energy sector since Regulation ( EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024 on the reduction of methane emissions in the energy sector and amending Regulation ( EU) 2019/942 (the EU Methane Regulation) took effect on 4 August 2024. The EU Methane Regulation imposes extensive obligations on: operators with gas, oil or coal activities within the EU, and importers placing on the EU market natural gas, oil or coal extracted outside the EU The Methane Q& A...
In September 2024, the UPC delivered its inaugural main action decision on a standard-essential patent ( SEP) in Philips v Belkin ( UPC_ CFI_390/2023). The court confirmed the patent’s validity, found infringement by Belkin, and granted a permanent injunction covering eight countries. Strikingly for an SEP matter, no FRAND defence was run, so the first UPC main action decision tackling FRAND questions is still awaited. Of broader interest in this decision is that the court held......
In a letter to MPs dated 19 November 2024, FCA chief executive Nikhil Rathi said there was doubt about the scope of the Court of Appeal’s October 2024 judgment. As a consequence of that ruling, high street lenders collectively face potential redress of billions of pounds, after the court determined that all commission-bearing finance agreements must be fully disclosed to customers. Experts caution that the decision could produce wide-ranging effects in other markets, including insurance, with premium finance singled out as a concern......
The Czech Republic v Diag Human Se and another [2024] EWHC 2102 ( Comm), [2024] EWHC 503 ( Comm) What are the practical implications of this case? The ruling brings to a close a dispute spanning decades between Diag Human SE, a Lichtenstein entity, and Mr Stava, a Swiss citizen (together, the ‘ Investors’), on the one hand, and the Czech Republic (and, before it, Czechoslovakia) on the other, and turns on remarkable facts, events and surrounding circumstances. To grasp the factual matrix in full, one must first consider the March Judgment, since the present decision does not rehearse the narrative or the chronology of the many and varied proceedings between the parties. This decision is noteworthy for its careful and expansive treatment of what constitutes an ‘investment’ and an ‘investor’ in public international law—an issue not previously explored by the Commercial Court in such depth. It will...
Al- Thani and another v Al Thani and others ( Virgin Islands) [2024] UKPC 35 What are the practical implications? The Privy Council rejected an interpretation of section 245 which it considered would amount to a ‘radical change’ to the BVI’s private international law rules. Had the appellants succeeded, foreign‑domiciled owners of shares in BVI registered companies who wished to transfer those shares on death would have been obliged to execute a separate will compliant with the BVI Wills Act, rather than relying on a will valid under the law of their domicile. That interpretation would have required that step and created a ‘trap for the foreign investor’. The decision avoids that inconvenient result by confirming that, in the BVI, shares continue to be treated as movable property, with succession governed by the law of the owner’s domicile, thereby maintaining the existing approach as had...
UK developments HMT seeks views on a UK Green Taxonomy. HM Treasury ( HMT) has opened a consultation inviting feedback on the value case for creating a UK Green Taxonomy within the UK’s broader sustainable finance framework. Submissions are requested by 6 February 2025. The deadline is 6 February 2025. See: LNB News 15/11/2024 63. Sources: Open consultation: UK Green Taxonomy and Consultation. HMT issues consultation response and draft rules for ESG ratings providers. HMT has set out its response to its consultation on the future regulatory regime for Environmental, Social, and Governance ( ESG) ratings providers, outlining the intended perimeter of the new framework together with accompanying draft legislation. Views on the draft regulation are invited by 14 January 2025. The closing date is 14 January 2025. See: LNB News 15/11/2024 51. Sources: Consultation outcome: Future regulatory regime for...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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