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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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In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce Intellectual property International Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—13 November 2024 The Advertising Standards Authority examined two paid Google adverts for Cult Wines, a wine investment firm, seen in June 2024. It queried whether the adverts were misleading because they did not set out investment risks and failed to state that previous performance may not predict future outcomes. The complaints were upheld. See: LNB News 13/11/2024 75. Consumer protection CMA launches project on dynamic pricing across economic sectors On 13 November 2024, the Competition and Markets Authority opened a project to scrutinise the use of dynamic pricing across a range of sectors....

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In this issue: Corporate governance Environmental, social and governance issues Partnerships Public company takeovers Tax for corporate lawyers Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Corporate governance FRC opens consultation on revisions to UK Stewardship Code The Financial Reporting Council ( FRC) has opened a consultation on revisions to the UK Stewardship Code (the Code). The changes are designed to support economic growth and investment, enhance openness for British investors, savers and pensioners, and simplify reporting requirements. The consultation runs until 19 February 2025. The FRC plans to issue the revised Code in late 2025, with adoption and the initial reporting round set for 2026. See: LNB News 11/11/2024 28. Environmental, social and governance issues IFRS issues progress update on corporate...

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Lumb v Lumb [2023] EWHC 2052 ( Ch) What are the practical implications of this case? This decision is a warning that, in probate proceedings, it is unusual, and an exception, for the court to stray from the default CPR 44 costs regime, which ordinarily governs who pays. The CPR’s costs philosophy, aimed at deterring unproductive contests and promoting compromise, governs probate contests as fully as it does other claims, in practice and in principle. The distinct probate costs provisions operate in tandem with the CPR and its underlying approach, rather than displacing it. Where a defendant requires proof of the Will in solemn form under CPR 57.7(5), the CPR 57.7(5)(b) clause, by which the court withholds a costs order unless there were no reasonable grounds to challenge the Will, must be read restrictively. Bare arguability is not synonymous with...

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In this issue: Practice and procedure Private children International children Financial provision Daily and weekly news alerts New content Updated content Useful information Practice and procedure Family Procedure Rule Committee meeting minutes Minutes from the Family Procedure Rule Committee meetings held on 8 July and 7 October 2024 have now been published. Suspected physical abuse of children—experts in the Family Court On 7 November 2024, the President of the Family Division, Sir Andrew Mc Farlane, addressed the British Society of Paediatric Radiologists on ‘ Suspected physical abuse of children—experts in the Family Court’. Private children Family Justice Council announces 17th annual debate—expanding legal parentage The Family Justice Council will hold its 17th annual debate on 5 December 2024, 5 pm–7 pm, exploring the question: ‘ Has the time come to widen the scope of legal parentage?’ Chaired by the President of the Family...

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The Pentagon Food Group Ltd v B Cadman Ltd [2024] EWHC 2513 ( Comm) What are the practical implications of this case? This judgment traverses notable ground, offering a useful prompt for legal practitioners on several points. As to express terms, the court offered a synopsis of the principles in Wood v Capita Insurance Services Ltd [2017] AC 1173, observing that where, as here, the agreement was assembled at the close of a lengthy day’s mediation, the evidential backdrop may carry greater weight than it would for a complex commercial contract. That context can include consideration of statements made during the mediation that produced the settlement, applying Oceanbulk Shipping v TMT [2010] 3 WLR 1424 ( SC) (see paras [68]–[69]). The court then recapped the law on implied terms, following Marks & Spencer v BNP Paribas [2016] AC 742 ( SC) at paras...

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Unite the Union and another v Tyne and Wear Passenger Transport Executive T/ A Nexus [2024] UKSC 37 Background to the appeal This appeal concerns whether the written memorandum or record of a collective agreement—intended not to create legal obligations—can be corrected by rectification, and likewise whether employment contracts that import the provisions of such a collective agreement are themselves susceptible to rectification. It further poses issues about who the proper claimants and defendants should be in proceedings of this kind, as well as whether an employment tribunal possesses jurisdiction to determine them. The Tyne and Wear Passenger Transport Executive, commonly referred to as Nexus, runs the Tyne and Wear Metro. Nexus commenced proceedings against two autonomous trade unions acknowledged as entitled to conduct collective bargaining on behalf of its workforce and employees. Those unions are the National Union of Rail, Maritime and...

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In this issue: Budgets and Finance Bills Finance International VAT Companies and corporation tax Employment taxes Real estate tax Taxes management and litigation Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Budgets and Finance Bills Publication of the National Insurance Contributions ( Secondary Class 1 Contributions) Bill First read and published on 13 November 2024, the National Insurance Contributions ( Secondary Class 1 Contributions) Bill would: amend the Social Security Contributions and Benefits Act 1992 to raise the secondary Class 1 NICs rate from 13.8% to 15% with effect from 6 April 2025 amend the Social Security ( Contributions) Regulations 2001, SI 2001/1004, to reduce the secondary threshold for secondary Class 1 NICs and the prescribed equivalents of those thresholds for the 2025–26 tax year ...

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In this issue: Nationally significant infrastructure projects Levelling-up and Regeneration Act 2023 Environmental impact assessment, strategic environmental assessment and appropriate assessment Marine planning Daily and weekly news alerts New and updated content New Q& A Related Documents Nationally significant infrastructure projects Welsh Government proposes to accelerate infrastructure planning decisions The Welsh Government has set out measures to speed up nationally significant planning decisions, with a particular emphasis on renewable energy schemes. Rebecca Evans, Cabinet Secretary for Economy, Energy and Planning, confirmed intentions to: delegate determination powers to Planning and Environment Decisions Wales for renewable projects up to 50 megawatts, which could cut overall decision periods by at least 12 weeks tackle the shortage of planners at both local and national levels and strengthen capacity for handling Developments of National Significance...

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What are the practical implications of this case? The judgment offers insight into how the UK Patents Court currently treats plausibility. Applying the approach articulated by Lord Sumption in Warner‑ Lambert v Actavis [2018] UKSC 56, and restated by Mr Justice Meade, the touchstone is that there must be a substantive basis to consider the claimed effect credible, not mere conjecture. Absent such a reason, plausibility fails. On that test, the judge held the Patents were not plausible. Nonetheless, he accepted that, in some instances, the necessary “positive reason” might flow solely from the skilled person’s common general knowledge ( CGK). He cautioned, however, that this is more likely in mechanical arts than within the life sciences, and particularly not in the context of second medical use claims—the very scenario considered by the Supreme Court in Warner‑ Lambert. In any case, an example of that kind would be a...

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In this issue: JCT contracts Adjudication Construction industry news Daily and weekly news alerts New and updated content New Q& As Construction trackers JCT contracts Measured Term Contract 2024 The JCT has published the 2024 Measured Term Contract ( MTC) together with its companion guide. Reference versions of both will be available shortly on Lexis+® Construction under the sub-topic ‘ JCT contracts 2024’ within the main topic ‘ Standard form construction contracts’, and can also be accessed via Practice Note: JCT contracts 2024—reference copies. See LNB News 13/11/2024 31......

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Background In 2017, Ukraine introduced a major overhaul of its procedural laws, featuring arbitration-friendly provisions in the revised editions of the Civil Procedure Code of Ukraine (the ' CPC') and the Commercial Procedure Code of Ukraine (the ' Com PC'). These measures sought to uphold the obligatory force of arbitration agreements and to delineate the role of national courts in supporting international commercial arbitration. Yet the new framework did not expressly bar actions aimed at invalidating arbitration agreements. This gap was exploited by unscrupulous debtors to disrupt the proper operation of arbitration in Ukraine. They brought actions in the commercial courts to set aside arbitration agreements, leading to holdups in arbitral proceedings or in the processes for recognising and enforcing arbitral awards, which in turn enabled them to remove their assets. Consequently, commercial courts maintained that they had jurisdiction to examine the merits of claims whose sole...

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The Pension Regulator’s new defined benefit ( DB) funding code It provides direction for trustees, sponsoring employers and advisers on meeting legislative demands for funding and investment approaches, and clarifies what is required of them. The code promotes sound behaviours in long-term planning and risk management. It also advises trustees on shaping funding plans that align with the level of support their sponsors can offer, and on how maturing schemes can lessen heavy reliance on their sponsors. It sets clear expectations throughout, too......

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Fimbank plc ( Appellant) v KCH Shipping Co Ltd ( Respondent) [2024] UKSC 38 Background This appeal concerns the construction and application of the Hague Rules, a 1924 international convention unifying rules of law on bills of lading, together with the Hague‑ Visby Rules, being the Hague Rules as revised by the 1968 Brussels Protocol. These conventions govern most contracts for the international carriage of goods by sea [1]. Under both regimes, Article III, rule 6 provides that a carrier is released from all liability unless proceedings are commenced within one year from the date the goods were delivered, or the date when they ought to have been delivered (para [2]). Put shortly: in any event the carrier and the ship are discharged from all liability whatsoever in respect of loss or damage to the goods unless suit is begun within one year after...

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See Q& A: To what extent does section 27 of the Trustee Act 1925 provide protection for administrators on an intestacy against claims by unknown beneficiaries and creditors? Under section 27 of the Trustee Act 1925 ( TA 1925), personal representatives may publish notice in the Gazette and a local newspaper, inviting anyone with an interest to deliver details of a claim within a period, no shorter than two months......

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Subsidy control The Subsidy Advice Unit has agreed to prepare an advisory report for: the Department for Energy Security and Net Zero ( DESNZ) about its planned Contracts for Difference Clean Industry Bonus Subsidy Scheme—see further, the case page Tees Valley Combined Authority ( TVCA) about its intended subsidy to Jomast Developments Limited—see further, the case page DESNZ about its proposed subsidy to Cromarty Firth Port Authority—see further, the case page NOTE— For all decisions and matters referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker Upcoming dates For timings of forthcoming UK competition developments, see further, the UK Competition calendar......

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NEWS

On 11 November 2024, the insurer reported that three in ten of the 2,000 motorists aged 17 to 25 had obtained car cover from individuals unlawfully selling bogus or invalid policies on social media platforms—a practice known as ghost broking. The survey, carried out by Censuswide in October 2024, found that nearly nine in ten (89%) of young motorists who bought insurance online experienced a range of issues with their policy. These included one in six (17%) saying they had been stopped by the police for driving without cover, and nearly 50% stating their details were misrepresented on the policy, rendering it not valid. Katriona Cunningham, policy application fraud lead at Aviva, said it was ‘understandable’ that young drivers were......

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NEWS

Shell persuaded the Hague Court of Appeal that it need not cut its emissions by 45%—or by any figure—by 2030, despite judges accepting campaigners’ argument that the firm owes a duty to the public to curb emissions to confront the climate emergency. There can be no doubt that shielding people from dangerous climate change is a human right, the appeals court stated. It is chiefly for legislators and governments to implement measures that reduce dangerous climate change. The 2021 ruling on appeal from the Hague District Court had directed Shell to lower carbon dioxide output and to bring corporate policy into line with the 2015 Paris climate agreement. Activists hailed the judgment as a landmark first. The action was initiated by Milieudefensie, the Dutch branch of Friends of the Earth, along with more than 17,000 co-claimants in total supporting the case...

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In 2010, the lender became the first new high-street bank to launch in the UK for more than a century, but later fell foul of the FCA over shortcomings in financial crime controls dating back to 2016. Metro was hit with a £16.6m fine for failing to adequately monitor tens of millions of transactions valued at over £50bn. The deficiencies, which ran from June 2016 to December 2020, triggered a remediation programme that was only finalised in 2022. Nearly 1,500 suspicious activity reports were subsequently sent to the National Crime Agency, and the bank’s review resulted in 43 customer accounts being closed. Under the UK’s anti-money laundering regime, banks are required to submit suspected money laundering cases to the financial intelligence agency. Metro, which notified the regulator in 2019, has appeared on the FCA’s financial crime watchlist since June 2023 and was placed under...

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TR v Land Hessen ECLI- EU- C-2024-785 What are the practical implications of this case? This judgment spotlights that enforcement by data protection regulators under the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 (the EU GDPR), is inherently discretionary, stressing that remedial measures, including administrative fines, do not follow a breach as a matter of course. Rather, regulators must determine if steps are suitable, necessary and proportionate in light of the particular context. For practitioners, it offers vital steer when counselling clients who may face EU GDPR probes or enforcement by supervisory bodies. It also illustrates why organisations should mount strong breach responses, with prompt remediation and open engagement with regulators. Evidencing accountability and taking initiative can materially shape a regulator’s choice not to levy sanctions. The ruling likewise highlights the importance of internal processes and training to reduce the risk of...

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SSHD v William George [2024] EWCA Civ 1192 What are the practical implications of this case? The ruling has practical consequences for deportation of EEA nationals who have lived in the UK for over ten years. It confirms that deportation under the Immigration ( European Economic Area) Regulations 2016 ( EEA Regs 2016), SI 2016/1052, reg 27(4) hinges on the high threshold of 'imperative grounds of public security', meaning a genuine, present and sufficiently serious threat to the fundamental interests of society. That demanding standard narrows the SSHD’s ability to rely on the seriousness of past criminality alone and requires proof of an ongoing risk. It emphasises the vital difference between action taken on 'public policy' grounds and that based on 'public security', with the latter involving a more rigorous appraisal. The SSHD’s reliance on Bouchereau was held to be misplaced because that authority concerns 'public...

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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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