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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 7 November 2024, the Association of British Insurers ( ABI) and Lloyd’s of London issued joint guidance outlining the factors insurers should assess when crafting clear definitions and policy wording for an incident in which an organisation suffers a cyber-event—a breach or attack that leads to financial loss or damage. They explained that the framework acts as a reference for the market when deciding what qualifies as a major event. It sets out a breadth of considerations on attributing responsibility and pinpointing the causes of cyber-risks. Mervyn Skeet, the ABI’s director of general insurance policy, noted that the emerging and “incredibly complex nature of cyber-threats” presents a significant challenge for the sector......
Leonardo Hotel Management ( UK) Ltd v Galliford Try and another [2024] CSOH 43 What are the practical implications of this case? This decision offers useful direction on the correct application of the Prescription and Limitation ( Scotland) Act 1973 ( PL( S) A 1973), identifying when the prescriptive period should commence and in what situations its start can be postponed. It also underscores that the saving provisions within the PL( S) A 1973 are highly dependent on the facts, and that this area of law is still evolving. Here, the operation of the time limit rules enabled the leaseholder to proceed with claims against the building’s design-and-build contractor and the landlord’s architect, by way of collateral warranties. It is noteworthy that long-anticipated legislation governing prescription came into force on 1 June 2022. Judicial guidance on the workings of this new regime is still...
Monoprosopi EPE v Maersk A/ S [2024] EWHC 2494 ( Comm) What are the practical implications of this case? This ruling delivers key guidance on: (a) the scope of the inspection a carrier must conduct under Article III.3 of the Hague Rules before stating on a bill of lading that the goods are in apparent good order and condition; and (b) the breadth of carriers’ obligations to avoid unintentionally enabling fraud through bills of lading. Article III.3 requires only an outward check of the container. Unless put on notice of a specific issue (for instance, the sound of glass breaking or the odour of spoiled fish), the carrier is not obliged to examine the contents or confirm the cargo’s weight. As a matter of contract or tort, where a carrier knew, or should have known, of a substantial discrepancy in the cargo’s weight, it is...
Syngenta Holdings Ltd v HMRC [2024] UKFTT 998 ( TC) The backdrop was that SHL purchased all of the issued share capital of its sister company, Syngenta Ltd ( SL), from its direct parent, Syngenta Alpha BV ( SABV). As consideration, SHL allotted shares and made a cash payment to SABV. The US$950m cash component of that consideration was financed through the loan at issue, pitching the leverage at what the group, realistically, believed HMRC would ultimately allow. The creditor was a Dutch group treasury entity. HMRC contended that the architects of the structure appreciated that the overriding purpose for their work was to secure non-trading loan relationship ( NTLR) debits under the loan relationship regime, which SHL surrendered to UK group companies to cut their corporation tax liabilities......
Note: the CPRC has ceased distributing the supporting background papers alongside the minutes; accordingly, this News Analysis does not include documents elucidating the topics considered. A copy of the minutes can be found here: Minutes of the Civil Procedure Rule Committee. Welcome, action log and matters arising (item 1) The minutes of the 5 July meeting were formally approved and the action log was noted—see News Analysis: Minutes of the CPR Committee meeting—5 July 2024. The following items were considered: Ryan Morris v Williams & Co Solicitors [2024] EWCA Civ 376—the matter had previously been covered under item 4 in the Minutes of the CPR Committee meeting—held 5 July 2024......
Previous position Processes in the First-tier Tribunal Immigration and Asylum Chambers (‘the FTT’) are set out in the Tribunal Procedure ( First-tier Tribunal) ( Immigration and Asylum Chamber) Rules 2014 ( SI 2014/2604). From time to time, case law and Presidential Guidance notes provide clarification on how the Tribunal operates. What is changing On 13 May 2022, a Practice Direction and a Practice Statement were issued to outline what the Tribunal expects from parties. With effect from 1 November 2024, a further Practice Direction has been introduced, replacing the guidance dated 13 May 2022. It relates to appeals only, excluding bail applications. The new Practice Direction represents a significant departure overall......
Mergers The Commission has received notifications for: DK/ Ysco ( M.11673) (simplified merger procedure) Sick/ EH/ EHA ( M.11692) (simplified merger procedure) The Commission has issued in the Official Journal a Commission Notice concerning Implementing Regulation ( EU) 2024/2776 of 31 October 2024, which corrects Implementing Regulation ( EU) 2023/914 implementing Council Regulation ( EC) No 139/2004 on the control of concentrations between undertakings and repealing Commission Regulation ( EC) No 802/2004—see also the Commission Notice. NOTE— For details of all live merger investigations before the Commission, please refer to the EU mergers—ongoing cases tracker. Upcoming dates For dates of forthcoming EU competition developments, see the EU Competition calendar......
TA v The Public Guardian [2023] EWCOP 63 What are the practical implications of this case? The court regarded this as a discrete yet significant point. In reaching her decision, the judge set out the key Mental Capacity Act 2005 provisions connected to LPAs, alongside the Lasting Power of Attorney etc Regulations 2007, with emphasis on execution and certification requirements. MCA 2005, section 9 (general provisions) MCA 2005, section 22 (powers of the court on LPA validity) MCA 2005, Schedule 1 ( LPA formalities) 2007 Regulations, regulation 9 (execution of instruments, including LPA certificates) Practitioners beyond mental capacity and COP specialisms frequently support clients in putting LPAs in place. They need not be versed in the detail of MCA 2005, Schedule 1 or the 2007 Regulations, as the necessary requirements are clearly set out in Forms LP1F (financial affairs) and LP1H (health care and decisions), which provide clear,...
On 6 November 2024, the court held that the heirs could not overturn the Paris Court of Appeal’s decision, according to a statement issued by a Malaysian minister. The appeals court also found in favour of Malaysia, concluding that the US$15bn award was invalid and therefore of no effect under French law. In a statement on 7 November 2024, Minister Azalina Othman Said said the Court of Cassation ( France’s supreme court for civil and criminal matters) confirmed that the original US$15bn award to the heirs was a ‘sham’. The Supreme Court agreed with the Paris Court of Appeal that Gonzalo Stampa — the Spanish lawyer and arbitrator who first ordered Malaysia to pay the heirs US$15bn in a territorial dispute — wrongly decided he had jurisdiction to hear their claims and to make such orders. The higher court added that the governing contract...
Market studies CMA releases interim findings from its UK market study of infant and follow-on formula The CMA has issued an interim report from its UK market study into infant and follow-on formula, outlining its provisional findings. For the purposes of this study, infant formula covers infant and follow-on formulas as set out in European Commission Regulation 2016/127, along with products labelled as foods for special medical purposes that can be supplied without prescription under Regulation 2016/128. The CMA is also considering the segment for growing-up and toddler milks marketed for children aged over one year. It found the market to have a highly concentrated structure and as noted in findings......
FB 2025 has now been released, accompanied by explanatory notes. It received its first reading on 6 November 2024 and will continue its passage through Parliament. The Bill runs to 280 pages, containing 86 clauses and 13 Schedules. Clause 86 provides that the short title is the Finance Act 2025. Any clause and Schedule references in this analysis use the numbering as at introduction. Draft provisions for three measures in FB 2025 were initially issued on Legislation Day ( L Day) on 29 July 2024. These comprised: the abolition of the furnished holiday lettings regime (as announced in the Spring Budget 2024) the introduction of an anti-arbitrage limit on the transitional country-by-country reporting safe harbour within the UK’s Pillar Two rules the removal of the value added tax ( VAT) exemption for private school fees FB 2025 also features measures first...
Tagidor Premium Investments SA & Others v GB Foods SA and GB Foods Africa Holding Company SL [ RG 22/14437] Cour d'appel de Paris What are the practical implications of this case? To annul an arbitral award for breach of French international public policy arising from alleged corruption and money laundering, the breach must be established by a body of grave, precise and corroborative evidence. Accordingly, pointing only to a speculative possibility that French public policy could be infringed, or to merely conjectural indications of corrupt conduct, will not meet the threshold. In addition, where a party maintains that the principle of equality of arms—protected as part of the right to a fair trial—was not upheld by the tribunal, the courts will not second-guess the tribunal’s reasoning, save where that reasoning leaves one party in a materially inferior position compared with the other side. Put...
Cabo v Dezotti [2024] EWCA Civ 1358 What are the practical implications of this case? The ruling clearly illustrates that, just as the court may look beyond the wording of a licence to determine whether it is truly a tenancy, it will also scrutinise the surrounding circumstances to decide who is the landlord for the purposes of RRO liability in practice. In this matter, arcane submissions about the provisions of a management agreement between the appellant and a managing company did not ultimately succeed in relieving the appellant of responsibility. What was the background? The appellant had entered into a management agreement with Top Holdings Ltd ( THL). Among other things, it enabled THL to arrange letting of the relevant property, but only by way of licence agreements for holiday use alone, and further required that THL may let the Property only to...
New rules that UK banks and payments firms must reimburse victims of payment fraud could make the UK more attractive to criminal scammers, a lawmaker has warned In an exclusive interview with MLex, Luke Charters argued the new APP reimbursement scheme should have launched in tandem with measures aimed at the social media platforms from which so many scams stem, rather than in isolation. ‘ It can’t just be about compensation, it’s also got to be about disrupting fraud at source’, Charters said. His remarks follow the 7 October 2024 commencement of the APP fraud framework, which obliges banks and payments firms to repay victims, with a ceiling of £85,000. Banks had pushed back, warning it might encourage customers to be less careful. Meanwhile, smaller payments firms complained that just a few high-value refunds could threaten their very...
Bandi and Others v Bolt Operations OU and another ( Case No 2206953/2021) A press summary was issued by the tribunal to clarify the judgment. It rejected Bolt’s main arguments that it merely acted as an agent between drivers and passengers, and that an account function allowing drivers to register other drivers meant they were not required to perform work themselves—an important signifier of employment status. The panel, chaired by Judge Anthony Snelson, concluded that any supposed right to use a substitute did not remove the obligation of personal service and was irrelevant to the proper analysis of worker status. This ruling opens the way for Bolt drivers to claim the minimum wage, sick pay and other statutory entitlements. However, Bolt has since withdrawn a policy obliging drivers to accept a set proportion of ride offers, a consideration that had been central to the...
Piacquadio and another as joint liquidators of Smith & Partner Ltd (in liquidation) v Sparkes and others [2024] EWHC 2518 ( Ch) What are the practical implications of this case? The Chancellor delivered a crisp restatement of familiar principles and set them to work in a dispute where most issues were argued at length. It thus offers both a succinct consolidation of the principles and a clear demonstration of how they operate. The decision also reiterates that, when asked to continue a freezing order, the court will not be swayed by forceful submissions or tactics that ignore established doctrine. In preparing for an inter partes hearing, parties should remember the modest threshold for showing a good arguable case in light of what can properly be determined at the interlocutory stage, and should approach full and frank disclosure complaints with...
In this issue: Trade in goods Free trade agreements Customs Lex Talk®International Trade: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trade in goods ICC unveils Wave 3 of the Principles for Sustainable Trade. The International Chamber of Commerce ( ICC) has rolled out the third iteration of the Principles for Sustainable Trade, offering broader reach and greater flexibility for assessing trade sustainability across all sectors. Wave three provides industry-specific guidance on use of proceeds, while underlining the need to align trade transactions with both socioeconomic and environmental sustainability objectives. See: LNB News 06/11/2024 46. Df T consults on incorporating international vehicle regulations to GB type approval. The Department for Transport ( Df T) has opened a consultation to refresh the GB type approval system for road vehicles so it corresponds with the latest safety requirements from the EU and the United Nations Economic Commission for...
In this issue: Air emissions and climate change Brexit Contamination and pollution Energy for environmental lawyers Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Nature, biodiversity and habitat conservation Sources of environmental law ( UK, EU, international) Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Updated Practice Notes Trackers Useful information Air emissions and climate change The Financial Conduct Authority has released a speech by its chief operating officer, Emily Shepperd, underscoring the need to channel growth and investment to deliver net zero by 2050. Shepperd stressed active engagement with industry so rules are proportionate, unnecessary burdens are avoided, and fresh talent is attracted. She examined how resilient regulatory architecture can foster economic expansion and the transition to net zero, while upholding robust standards and balancing risk with investor protection. See: LNB News 06/11/2024 40.......
In this issue: Key R& I law developments Corporate insolvency processes Directors and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals Key R& I law developments Insolvency Practitioners ( Amendment and Transitional Provisions) Regulations 2024 SI 2024/1090: This statutory instrument updates the Insolvency Practitioners Regulations 2005, SI 2005/524, and revises existing minimum requirements for insolvency practitioner bonding. Bonding is a form of protective security intended to shield creditors from losses caused by fraud or dishonesty on the part of insolvency practitioners during the course of their duties when appointed to an insolvency case (ie acting as an office-holder). These amendments take effect on 1 December 2024. See: LNB News 05/11/2024 4. Limited Liability Partnerships ( Application of Company Law) ( No 2) Regulations 2024 SI 2024/1078: This instrument amends the Limited Liability Partnerships ( Application of Companies Act 2006) Regulations 2009, SI 2009/1804, to ensure that...
In this issue: Corporate transactions and share incentives New and updated content HMRC Manuals tracker Useful information Weekly highlights from other practice areas Corporate transactions and share incentives Takeover Panel issues response on companies to which the Takeover Code applies The Takeover Panel (the Panel) has released Panel Statement 2024/24 and Response Statement RS 2024/1 concerning its consultation on the companies to which the Takeover Code (the Code) applies. PCP 2024/1, issued in April 2024 (see: Share Incentives weekly highlights—25 April 2024— Corporation transactions and share incentives), outlined a new jurisdictional model aimed at narrowing the range of companies subject to the Code. As a result, the framework will capture fewer companies than before. The Panel has opted to implement the consultation’s proposals, albeit with certain amendments. The key deviation from PCP 2024/1 is that both the run-off and...
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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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