Featured documents
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...
Most recent News
Asmat Bi v Tesco Underwriting Ltd Case No K04MA298 What are the practical implications of this case? The most immediate consequences of this judgment concern practitioners handling Part 8, costs-only proceedings where the dispute concluded before the new rules, but the Part 8 claim form was issued on or after 1 October 2023. For that cohort, the outcome will trouble claimants and please defendants. Although not binding, HHJ Sephton KC conducted a comprehensive review of the key authorities and CPRC commentary, making it hard to see why a different judge would be persuaded to depart from this approach. More broadly, the decision illustrates the interpretation principle that legal changes take retrospective effect only for procedural matters. In this instance, the civil costs regime was treated as procedural, so the fixed costs reforms had retrospective effect, subject to the transitional provisions. The same reasoning will apply in...
The Association for Financial Markets in Europe ( AFME) flagged ambiguities in the FCA’s consultation that closed on 18 October 2024. The watchdog has suggested revising its guidance to clearly state that politically exposed persons in the UK— PEPs, including parliamentarians and senior public figures—ought to be seen as lower risk. In its submission, AFME said it remains unclear what degree of enhanced due diligence the FCA intends to bring in and apply—the extra background checks that UK subsidiaries or branches of international firms must conduct on domestic PEPs. The FCA’s premise is that UK institutions should regard domestic PEPs as lower risk by default. AFME sought explicit confirmation that this rule would not apply to UK subsidiaries within international groups in cases......
Mergers The CMA opened a phase 1 investigation into the proposed purchase by XSYS Germany Holding Ghm H of entities and assets forming the Mac Dermid Graphics Solutions business; for details, see the case page. NOTE— For all live mergers before the CMA, see the UK mergers—ongoing cases tracker. Upcoming dates For dates of forthcoming UK competition developments, see the UK Competition calendar......
Bain v Secretary of State for Transport [2024] EWHC 2216 ( Admin) What are the practical implications of this case? The sole ground that proceeded posed a targeted issue: when must an economic statement be refreshed under paragraph 4.5 of the National Policy Statement for National Networks ( December 2014), which requires that applications for road and rail schemes are normally accompanied by a business case aligned with Treasury Green Book principles. The economic case within a transport business case evaluates the economic, environmental and social consequences of a scheme, with the breadth of information tailored to the scale of the development. This material assists the decision-maker in weighing the proposal’s adverse impacts and benefits. Under paragraph 4.7, both updates—and whether they are needed—should be addressed in a proportionate way. The key takeaway is that, where there is a material interval between an...
See Q& A: Are sanctioned persons entitled to receive interest on sums owed to them that accrue during the period in which they are sanctioned? Do the sanctions affect the statute of limitations? Are sanctioned persons due interest on sums owed that build up while they are designated? UK financial sanctions typically centre on asset freezes that: forbid dealing with a designated person’s frozen funds or economic resources ban making funds available to that person prohibit any steps that seek to circumvent those restrictions — see Practice Note: Understanding the financial sanctions regime Defined offences include: dealing with a designated person’s funds making funds available to a designated person — see Practice Note Financial sanctions—offences If such an offence is committed by a firm authorised under Part 4A of the Financial Services and Markets Act 2000 ( FSMA 2000), there will also be regulatory consequences — see Practice Note...
Subsidy control The Subsidy Advice Unit has agreed to produce an advisory report for Barking and Dagenham Rside Weavers LLP at the request of the London Borough of Barking and Dagenham Council—see further, case page The Subsidy Advice Unit has also accepted a commission to advise the London Borough of Barking and Dagenham Council on its proposed subsidy to Barking and Dagenham Homes Limited—see further, case page NOTE— For all referrals made to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker Private actions The CAT has handed down its judgment in Dr Sean Ennis v Apple Inc and Others, concerning an opt-out collective proceedings application ( CPO) under section 47B of the Competition Act 1998, seeking damages for alleged abuse of dominance by Apple in the i OS app...
A T+1 settlement convention would mean that trades in financial markets complete one day after the transaction date, in fact, an enhancement on the current T+2 standard, under which trades complete two days after the transaction date. The taskforce’s assessment covers the UK’s settlement arrangements and is ultimately part of a series of policy initiatives intended to modernise the overall financial market infrastructure. Modifying trade settlement standard Background In financial markets, there is usually a lag between the trade date, when the parties agree the terms of a transaction, and the settlement date, when the buyer receives the securities and the seller receives the funds. This delay arises from a range of post‑trade processes, including checks that the buyer has sufficient funds and that the seller holds the securities in question, which must take place to ensure a trade completes...
The roll-out of the JCT 2024 suite continued with the issue of 2024 editions of the JCT Major Project, Constructing Excellence, and Prime Cost Building contracts (together with their related guides and sub-contracts) on 16 October 2024. The Major Project contract documents comprise the following: Major Project Construction Contract 2024 ( MPCC 2024) Major Project Construction Contract Guide 2024 ( MP/ G 2024) Major Project Sub- Contract 2024 ( MP/ Sub 2024) Major Project Sub- Contract Guide 2024 ( MP/ Sub/ G 2024) Reference copies of these materials will shortly be available on Lexis+® Construction, under our sub-topic ‘ JCT contracts 2024’ (within the main topic ‘ Standard form construction contracts’), and via Practice Note: JCT contracts 2024—reference copies. In this article, we outline the principal changes to the MPCC 2024 and MP/ Sub 2024 when set against their 2016...
AP Wireless II ( UK) Ltd v On Tower UK Ltd [2024] UKUT 263 ( LC) What are the practical implications of this case? This ruling provides vital guidance on handling telecommunications arrangements when reviewing those already in place. Identifying whether a subsisting arrangement is controlled by the LTA 1954 or by the Electronic Communications Code determines the form of notice required for termination or renewal. When advising for either Operators or Site Providers who intend to initiate the renewal or bring to an end their existing telecommunications arrangements, it is essential to determine whether the arrangement is a lease or a licence. A licence is one caught by the Code and demands service of the prescribed notice in accordance with the Code. Examining the duration and whether there is exclusive possession will indicate the probable route and procedure for renewing or ending...
On 15 October 2024, UK insurance firm Coalition Risk Solutions Ltd said its new 'clawback' service can intercept funds within the banking system before a cybercriminal gets hold of them. Coalition added that the clawback capability has already helped to recover £1.4m for one of its clients. In a statement, Laura Stewart, Coalition’s UK head of claims, said bringing a financial crime law partner into its team was vital to applying its funds transfer fraud expertise to the murky UK market......
What is the new legislation? The Water ( Special Measures) Bill (the Bill) sets out measures on regulation, governance, and the special administration of water and/or sewerage undertakers. It applies to companies across England and Wales, although certain provisions vary according to which side of the border a company operates. If enacted, it would result in amendments to several laws, including the Water Industry Act 1991, Water Resources Act 1991, and Environment Act 1995. What new powers does it provide? Remuneration and governance Under the Bill, Ofwat is granted authority to issue rules on the arrangements made by relevant undertakers for (a) remunerating their directors and other individuals, and (b) overseeing their governance, as deemed appropriate......
Mergers The Commission approved both: the establishment of a joint venture, Power Up AG, by Die Schweizerische Post AG and Fenaco Genossenschaft ( M.11745) after a phase I investigation—see further, Midday Express the formation of a joint venture by Enilive S.p. A. ......
In this issue: Key R& I Restructuring Insolvency Litigation Personal insolvency Employees and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals New Q& As Key R& I Insolvency Service publishes September 2024 enforcement outcomes management information The Insolvency Service has refreshed and updated its enforcement outcomes management information tables with figures and statistics for September 2024. The dataset indicates a total of 82 director disqualifications, together with eight bankruptcy and debt relief restrictions. See: LNB News 11/10/2024 25. Restructuring Restructuring Plan binds landlords despite prior express agreement to the contrary ( UK Commercial Property Finance Holdings Ltd v Cine- UK Ltd) Four interlinked restructuring plans were sanctioned despite approval by only two creditor classes out of thirty-one in total. Two landlord creditors (the Objecting Creditors) had earlier renegotiated existing and continuing...
State aid AG opinion concerning national reference from Poland on exemption from property tax Advocate General Kokott has delivered her opinion in Case C-453/23, Prezydent Miasta Mielca, a national reference from Poland seeking clarification as to whether Article 7(1)(1)(a) of the 1991 Polish Law on local taxes and charges — which provides an exemption from property tax for land, buildings and structures forming part of railway infrastructure made available to rail transport undertakings — applies Background Under Article 7(1)(1)(a) of the 1991 Polish Law on local taxes and charges, in the version effective from 1 January 2017 to 31 December 2021, land, buildings and structures constituting railway infrastructure that are made available to rail transport undertakings are exempt from property tax. From 1 January 2017, that exemption has been conditional upon the infrastructure concerned being actually used by a rail transport...
Mergers The CMA has issued the published version of its ruling that Amazon.com, Inc’s collaboration with Anthropic PBC does not meet the threshold for scrutiny under the merger rules in the Enterprise Act 2002—see further, decision. NOTE— For every live CMA merger, see further, UK mergers—ongoing cases tracker. Upcoming dates For forthcoming UK competition developments, see further, UK Competition calendar for the latest listings......
In this issue: Updated Investment Association Principles of Remuneration—analysis of key changes Tax treatment HMRC Manuals tracker Useful information Weekly highlights from other practice areas Updated Investment Association Principles of Remuneration—analysis of key changes Following the Investment Association’s release last week of its refreshed Principles of Remuneration (see: Share Incentives weekly highlights—10 October 2024), we have now issued an in-depth review of the principal changes made, covering overarching themes, areas where companies now have greater discretion, new guidance, and points of ambiguity within the updated document. See News Analysis: Updated Investment Association Principles of Remuneration—analysis of key changes. 16 October 2024 Tax treatment HMRC has issued updated guidance concerning ‘arrangements’ for EMI. New material has been incorporated into the Employee Tax Advantaged Share Schemes User Manual at ETASSUM52030 ( Enterprise Management Incentives ( EMI)—qualifying companies—independence requirement), with an additional page also added at ETASSUM52031 ( Enterprise Management Incentives (...
In this issue: JCT contracts Arbitration Construction industry news Daily and weekly news alerts New and updated content New Q& As Construction trackers JCT contracts JCT releases 2024 editions of Major Project, Constructing Excellence, and Prime Cost contracts On 16 October 2024, JCT published the 2024 versions of its Major Project Construction Contract, Prime Cost Building Contract and Constructing Excellence Contract, together with the associated sub-contracts and guides. Reference copies will soon appear on Lexis+® Construction under the sub-topic ' JCT contracts 2024' within ' Standard form construction contracts', and can also be accessed via Practice Note: JCT contracts 2024—reference copies. See: LNB News 16/10/2024 34. Arbitration Binding nature of dispositive part of award and revival of tribunal’s jurisdiction in English arbitration ( AZ v BY) In AZ v BY [2024] EWHC 1847 ( Comm), the Commercial Court confirmed that, for...
In this issue: Costs budgeting and costs management Clinical negligence Damages Employer's liability Contributory negligence CPRC minutes CRU and NHS charges Other PI and Clinical negligence news Daily and weekly news alerts Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Lexis Nexis® Webinars Useful information Costs budgeting and costs management The Senior Master of the King’s Bench Division ( KBD), Senior Master Cook, has issued the ‘ King Bench Masters Cost Management Hearings Guidance Note’. Aimed at improving readiness for cost management hearings in the KBD, especially in high-value personal injury and clinical negligence cases, the Note sets out a neutral framework to address recurrent issues, promoting their resolution during the budgeting phase. See: LNB News 11/10/2024 45. Clinical negligence HSE publishes guidance on using nitrous oxide in maternity units. The Health and Safety...
In this issue: Arbitration in England & Wales Arbitration under the AA 1996 Act International Arbitration Investment treaty arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Arbitration in England & Wales Quinn Emanuel must ID source of forged Deripaska report On 14 October 2024, a judge ordered Quinn Emanuel to disclose the identity of the intermediary who supplied a fabricated report implying that Russian industrialist Oleg Deripaska deceived arbitrators in a dispute with a former business partner. See: Quinn Emanuel must ID source of forged Deripaska report. Arbitration under the AA 1996 Act Binding nature of dispositive part of award and revival of tribunal’s jurisdiction In AZ v BY, the English Commercial Court affirmed that, in an arbitration governed by the Arbitration Act 1996, the dispositive section of an award is binding. The...
In this issue: Judicial review Governance Public procurement Social housing Healthcare Planning Daily and weekly news alerts New and updated content Latest Q& A Judicial review Purpose of Judicial Review— Re an application by Noeleen Mc Aleenon for Judicial Review ( Northern Ireland) Judicial review concentrates on assessing, on the material before the authority, whether it acted within the law, rather than conclusively determining contested factual issues. A court on review need not uncritically accept the authority’s evidence merely because there is no cross-examination; its task is to judge the legality of the authority’s actions by reference to the information that was before it. The existence of other avenues, such as a private prosecution or a nuisance claim, does not bar judicial review of a public body’s performance of its regulatory duties where the claimant seeks to challenge that exercise in particular. Nor is a complaint to an ombudsman an adequate substitute for judicial review. See:...
Popular documents
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 ]...
Discover more from LexisNexis
