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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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Court of Appeal ruling The Court of Appeal held that intermediaries were not entitled to levy commission unless they first secured the consumer’s fully informed consent, achieved through disclosure of key particulars of the fee, including its size and the way it was worked out. The court upheld three connected appeals lodged by customers against Close Brothers and First Rand Bank Ltd — which trades as Motonovo Finance — concluding that the lenders failed to bring the commission adequately to customers’ attention and are obliged to repay it. ‘ Across all three matters there was a conflict of interest and no informed consent by the consumer to the receipt of the commission,’ a panel of three Court of Appeal judges said in their judgment. The appeals were advanced by consumers who said they were unaware that, when a motor dealer arranged finance for them, the...

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NEWS

Public authorities have agreed to accept a proposal from BHP and Vale, the joint shareholders of the Samarco iron-ore project The accord emerges a week after a major group action began in the UK, connected to the disaster and encompassing as many as 620,000 Brazilians. BHP noted that the arrangement will not conclude cases in courts beyond Brazil, nor resolve matters elsewhere. The US$31.7bn figure also counts roughly US$7.9bn already directed to reparations since 2016. BHP added that the settlement remains subject to approval by the Brazilian Supreme Court at this stage......

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On 9 September 2024, Liberal Democrat life peer Lord Clement- Jones brought forward a fresh Private Member’s Bill in the House of Lords. The proposal aims to oversee how AI systems are used in public-sector decision making and related processes. Private Members’ Bills are draft laws typically tabled by MPs and peers who are not government ministers in Parliament. They provide a route for non-governmental parliamentarians to put forward legislation. While only a small number become law, such Bills can shape debates on specific issues and influence policy and legislation indirectly......

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Abbeyford Caravan Company ( Scotland) Ltd v HMRC [2024] UKFTT 928 ( TC) The appellant traded in caravans supplied with removable contents, quoting a single, bundled price for each unit and its contents. Provided certain conditions are met, a caravan sale can fall within either the reduced VAT rate or the zero rate under the Value Added Tax Act 1994: the reduced rate in Group 12 of Schedule 7A to VATA 1994, or the zero rate in VATA 1994, Sch 8, Grp 9 Both VATA 1994, Sch 7A, Grp 12 and VATA 1994, Sch 8, Grp 9 exclude removable contents sold with caravans. This means those contents are, in general, standard-rated, even where the caravan itself qualifies for the reduced or zero rate. On resale, the appellant had historically mirrored the manufacturers’ allocation, assigning the same proportion of its selling price to removable contents as the split used when...

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NEWS

People saving for retirement with 'lost' pension pots are foregoing about £9,470 on average, says research from the Pensions Policy Institute ( PPI) released in the run-up to National Pension Tracing Day. The PPI study was backed by the ABI and the PLSA, with support from the Pay Your Pension Some Attention campaign. Notably, the ABI and PLSA pointed out that individuals aged 55 to 75 are overlooking around £13,620 on average. Findings further indicated the overall total value of mislaid pension pots across the UK has risen by close to £12bn, a 60% jump since 2018. A 'lost' pension arises when someone loses sight of an account or does not claim it over time. The ABI and PLSA observed that numerous people may hold schemes from past employment or payments into retirement funds that they have lost track of over the years. Gavin...

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GCH Corporation Ltd and others v HMRC [2024] UKFTT 922 ( TC) Gregory Hutchings ( GH), who held senior posts at Tomkins plc ( Tomkins) until 2000, served as trustee of three family trusts (the Trusts). The Trusts and GCH Corporation Ltd (the Company), which GH controlled, amassed sizeable holdings in Tomkins. Once a potential takeover of Tomkins was announced, GH sought advice on disposing of the Trusts’ and the Company’s shares and chose to incorporate GCH Active LLP (the LLP). The LLP carried out limited activity; nevertheless, it acquired five unrelated shareholdings (two sold shortly afterwards), funded by what was later recorded as a £200,000 loan from GH. When the takeover of Tomkins completed, the Trusts exchanged all their Tomkins shares, and the Company part of its holding, for loan notes issued by the purchaser (the Notes). Thereafter, the Trusts and the...

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Webb and another (in their capacity as joint liquidators of Eversholt Rail (365) Ltd (in liquidation)) v Eversholt Rail Ltd and another company [2024] EWHC 2217 ( Ch) What are the practical implications of this case? This case serves as a reminder to insolvency practitioners that orders under IA 1986, s 235 and IA 1986, s 236 are not automatic; a cogent justification is needed explaining why specified documents are reasonably required. Requests should be tightly focused in both timeframe and in the categories or classes of documents sought. The judge criticised not only the lack of specificity in the evidence, but also the failure to explain that lack. As the court has a broad discretion and will weigh a range of considerations, a request that is relatively unfocused may still be granted if there is a satisfactory reason it cannot be more precise, for...

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NEWS

Historically, these lawyers were expected to take on the bulk of cases involving bribery, fraud and financial misconduct brought by the Serious Fraud Office ( SFO) or the National Crime Agency ( NCA). Businesses are, however, increasingly bringing them in to examine allegations of sexual harassment, discrimination and bullying. According to Zulfi Meerza, a former investigative lawyer at the SFO who is now at Rahman Ravelli, it is now rare to see a white-collar crime lawyer dealing solely with traditional white-collar crime matters. The shift mirrors a marked rise in the number of 'incidents'—from harassment and bullying to discrimination—that firms recorded internally between 2021 and 2023, based on a survey released on 25 October 2024 by the Financial Conduct Authority ( FCA). Despite the rise in complaints over the past three years, most were not upheld; only in 43% of cases did firms take...

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NEWS

Statement follows: We acknowledge the Court of Appeal ruling on the motor finance commission and are closely reviewing its outcome. In January 2024, we imposed a suspension on the period firms have to issue a final response to customers concerning motor finance complaints that involve a discretionary commission arrangement ( DCA)......

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NEWS

Voluntary agreement published 24 October 2024 by the Home Office Under this voluntary pact, several organisations—including the Association of British Insurers ( ABI) and Lloyd’s of London—have agreed to a National Crime Agency review into the role of professional enablers within the insurance sector. The signatories have also committed to locating weaknesses in the market and to improving the sharing of data and information between insurance organisations and with the government. Identify loopholes across the insurance market Enhance data and information exchange among insurers and with the government Detect when policies are exploited by criminals posing as brokers or selling bogus insurance to customers Strengthen data security so fraudsters cannot use customer details to target people......

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ENI, YKI v HUK- COBURG- Allgemeine Versicherung AG Case C-86/23 What are the practical implications of this case? This ruling is significant for practitioners managing intra- EU non-contractual liability matters under Rome II and contemplating strategic choices in international non-contractual liability proceedings. The Court of Justice delivered clear guidance on the limited ambit of Article 16 concerning ‘overriding mandatory provisions’. It held that these provisions require a strict reading and may set aside the law identified under Article 4 only where they protect an essential public interest that cannot be realised by applying the ordinary conflict rule, thereby narrowing opportunities for strategic litigation. Practitioners should further assess how departures, such as Article 16, from Article 4 of Rome II engage with the Regulation’s core aims: ‘the objective pursued by the Rome II Regulation consists, inter alia, as is apparent from its recitals 6, 14 and 16, in...

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Bank A and Bank B [2024] HKCFI 2529 What are the practical implications of this case? The Hong Kong Court indicated that, to honour the parties’ bargain, overseas litigation started in contravention of an arbitration clause will usually be halted by an injunction, save where compelling reasons are established to the opposite effect. It further emphasised that, when determining the applications for injunctive relief, it did not assess the substance of the dispute; its focus was confined to whether a binding arbitration agreement existed between the parties encompassing the disputes at issue. The court’s enquiry was therefore limited to the existence and scope of the arbitration clause, not the rights and wrongs of the claim. This approach is consistent with the Hong Kong courts’ longstanding pro‑arbitration stance in earlier authorities, thereby strengthening Hong Kong’s reputation as a leading seat for...

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Oracle Security Services Ltd v Barts Health NHS Trust and others [2024] EWHC 1201 ( TCC) What are the practical implications of this case? Mr Andrew Mitchell KC’s judgment offers significant clarification on how limitation periods operate in procurement challenges under PCR 2015, SI 2015/102, reg 92, confirming that the 30‑day window to issue proceedings starts on the very day the claimant acquires actual or constructive knowledge of the material facts, rather than the next day. For legal advisers, the ruling also highlights the imperative to act without delay on client instructions and pre‑action communications. As illustrated here, knowledge possessed by a claimant’s solicitor is attributed to the claimant, so solicitors must note any pertinent information received during pre‑action exchanges and calculate deadlines accordingly. The decision likewise stresses that contracting authorities and economic operators should clearly record when such information is provided, to...

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NEWS

Lefort v HMRC [2024] UKFTT 926 ( TC) The taxpayer, an airline pilot employed by Virgin Airlines, held a self‑invested pension plan ( SIPP) to which both he and Virgin contributed. He left the business in February 2014, making a final payment into the plan and obtaining a Fixed Protection 2014 certificate at that time. Virgin’s own final contribution was not made until May 2014, falling after the cut‑off prescribed by the fixed protection regulations. As a consequence, HMRC exercised their power to revoke the certificate, and the taxpayer appealed against that decision......

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Hill and another v Revenue and Customs Commissioners [2024] UKFTT 844 ( TC) What are the practical implications of this case? The tribunal found the taxpayers’ evidence lacking, even though they seemingly depended entirely on professional advice. In particular, it concluded that, when given vague and uncertain guidance by their advisers, the taxpayers could not simply remain passive; further action was required to demonstrate a reasonable excuse that would prevent liability for failing to comply with an Information Notice, or alternatively to lessen the penalty imposed. In delivering the judgment, the judge set out, from an objective standpoint, a series of conclusions describing how a reasonable and prudent taxpayer should have acted on the facts. The message was that passivity in the face of unclear professional input falls short of what a diligent taxpayer should do, and that only active engagement could support...

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Arbitrators’ disclosure duties in focus—insights from the Aiteo arbitration awards challenge ( Aiteo v Shell & 8 Others) Aiteo Eastern E & P Company Ltd Claimant and (1) Shell Western Supply and Trading Ltd; (2) Africa Finance Corporation; (3) Ecobank Nigeria Ltd; (4) Fidelity Bank Plc; (5) First bank of Nigeria Ltd; (6) Guaranty Trust Bank Ltd; (7) Sterling Bank Ltd; (8) Union Bank of Nigeria Plc; (9) Zenith Bank Plc [2024] EWHC 1993 ( Comm) What are the practical implications of this case? This judgment carries considerable weight for practitioners, arbitrators, parties and arbitral institutions, especially in relation to challenges to awards under AA 1996, s 68. It builds on the developing jurisprudence, including Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48, concerning arbitrators’ duties of disclosure. The judge underscored the need for openness, noting that failures to disclose, or...

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NEWS

Mergers The Commission has issued the latest Competition Merger Brief ( Issue 3/2024), highlighting an April 2024 conference commemorating 20 years since the current EU Merger Regulation took effect—see further, Competition merger brief, Issue 3, October 2024. NOTE— For all ongoing EU competition law legislation, guidance and other policy developments, see further, EU competition horizon scanning—2024 and beyond. Foreign Subsidies Regulation The Commission has received the following notifications: Hankook Hire & Technology/ Hanon Systems ( FS.100119) JPP/ INAPA ( FS.100154) NOTE— For all live Foreign Subsidies Regulation investigations before the Commission, see further, Foreign Subsidies Regulation—ongoing cases tracker. State aid The Commission has approved, under EU State aid rules, a Danish measure valued at €724m to reduce the rate of a new greenhouse gas emissions tax for certain companies—see further, press release. NOTE— For all live State aid decisions and live formal State aid...

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NEWS

ESG context and glossary Regulators, investors, employees, other stakeholders, and society more broadly are propelling companies to engage with their ESG ( Environmental, Social, Governance) agenda. In recent years there has been a clear cultural shift towards a worldwide community with a heightened social and environmental conscience. Domestic and international laws, rules, policies, politics, and broad commercial pressures together place both explicit and implicit expectations on companies to get their ESG strategy right. Responsible organisations will recognise the notion of ‘greenwashing’: the practice of making false or overstated assertions about a company’s environmental credentials and the sustainability of its products, services and environmental impact, so as to seem more environmentally aware and less harmful to the planet. Yet corporate and consumer ethics now reach beyond the ‘ E’. They also reflect a call for openness, integrity, and for modern commerce to be enlisted as a driver of...

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Carvill- Biggs and another v Reading [2024] EWCA Civ 1005, [2024] All ER ( D) 18 ( Sep) What are the practical implications of this case? The Court of Appeal declined to set aside or alter the stay mainly because requiring the householders to leave before the appeal would cause them prejudice, while the joint administrators would suffer no material detriment. In weighing the risk of injustice, the court considered contextual matters including the occupiers’ finances and practical difficulties; overall, the appellant faced the greater prospect of unfairness. As such considerations frequently weigh in favour of those in occupation, parties seeking possession would be well advised to hesitate before challenging a court’s decision to grant a stay of execution pending an appeal against a possession order. In this instance, the stay was made subject to a condition that the appellant pay an...

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NEWS

Cambridge Rare Books Ltd v Pensions Regulator [2024] UKFTT 608 ( GRC) (‘ Cambridge Rare Books Ltd’ ) What are the practical implications of this case? For practitioners who advise either employers or the Regulator, Cambridge Rare Books Ltd is a practical illustration of the weight the FTT will give to reasonable employer proposals explaining how they plan to put right defaults in pension contributions in practice. The FTT expects the Regulator to impose penalties in a proportionate way, and will step in if it considers the FTT to have acted unreasonably in turn. When guiding employers exercising their rights under section 44 of the Pensions Act 2008, practitioners should ensure the Notice of Appeal places clear emphasis on how the employer proposes to remedy the default, including the precise manner in which this will be achieved. In Cambridge Rare Books Ltd, the FTT...

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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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