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
R (on the application of ZRR) v Bexley London Borough Council [2024] EWHC 2073 ( Admin) What are the practical implications of this case? Because it functions as a consolation duty (owed to applicants refused the main duty due to intentionality), the narrow obligations under s 190—to secure that accommodation is available for occupation for such period as the authority considers will give the applicant a reasonable opportunity of securing accommodation for occupation—can be entirely missed when an authority aims to bring a homelessness case to an end. This judgment makes plain that, despite operating at the closing stage of a case, these are still substantive homelessness functions and are open to challenge if mishandled. While the central dispute concerned the suitability of accommodation offered under HA 1996, s 190, the court’s analysis ranged more broadly over how s 190 should be carried out. A...
Europe’s high court ruled that the clauses do not amount to ‘ancillary restraints’ exempt from competition rules, as Booking.com could still run its online travel business without them, and thus also cannot claim any shelter under that exception. The court explained there is no inherent link between the survival of the hotel reservation platform’s core activity and imposing such clauses, which plainly create appreciable restrictive effects in the market. It added that, besides tending to lessen competition among different hotel reservation platforms, the clauses threaten to drive out smaller platforms and fresh market entrants over time in practice. The ruling responds to a request from a Netherlands court on how to assess Booking.com’s liability for the pricing clauses in connection with private litigation initiated subsequent to a German government enforcement action......
These changes mean that the general position for applications would appear to be as follows: Co S dated 4 April 2024 to 10 July 2024: apply rates in HC 590 Co S dated 10 July 2024 to 7 October 2024: apply rates in the guidance Co S dated from 8 October 2024 onwards: apply rates in HC 217 As some rates differ markedly, it is hoped that transitional measures on extensions will be introduced in due course. For additional background, see: LNB News 12/09/2024 15. For links to the relevant guidance, see: LNB News 12/08/2024 32. Also note that Table 3 ( Eligible health and education SOC 2020 occupation codes where going rates are based on national pay scales) shows a lower going rate for SOC 2020 code 2253 Dental practitioners ( Scotland) for Dental foundation training ( Hospital dental services), known as Vocational Training in Scotland: £37,361, down from...
Little and another v Olympian Homes Ltd [2024] EWHC 1766 ( Ch) What are the practical implications of this case? This judgment offers clear guidance on the requirements for contractual waivers. The court confirmed that, where a contract demands any waiver to be in writing, an email will suffice, as emails plainly amount to “writing”. It also held that an email can be validly electronically signed where: the individuals’ names are added or appear within the footers; the inclusion of phrases such as “ Kind regards”, “ Thanks”, or “ Many thanks” demonstrates an intention to link the name to the content; and the email footer contains names and contact details in the conventional form of a signature. As to consideration in the context of waivers, the court indicated obiter that consideration is not inevitably required to support a contractual waiver, unless the waiver is more aptly...
Privinvest has asked the High Court for permission to appeal against findings that it was behind a scheme to pay kickbacks to Mozambique public officials to tie the African country into a financing package for a tuna-fishing fleet Duncan Matthews KC of Twenty Essex, acting for Privinvest, argued a fair hearing was not possible because Judge Robin Knowles, who presided over the proceedings, declined to strike out Mozambique’s claim despite the state’s failure to give crucial disclosure. He said the republic had chosen a course that disadvantaged Privinvest, in deliberate breach of court orders, and had not been penalised for it, calling that an abuse of process. He maintained the state’s disclosure failures deprived his client of a fair opportunity to contest the case. Mozambique brought a US$3.1bn action against Privinvest and its owner, Iskandar Safa — a French- Lebanese...
Insurance technology company Sprout.ai In a report released on 18 September 2024, Sprout.ai highlighted findings from a Censuswide poll of 200 UK claims handlers run in July 2024. According to the study, 19% said as much as one quarter of all claims could stem from AI-related fraud, and 65% had noticed a rise in fraudulent activity since 2021. The research also indicated that 93% believed fraudsters are targeting lower-value cases under £2,000, with 47% witnessing AI-generated paperwork submitted for claims between £501 and £1,000. Roi Amir, chief executive......
The Payment Systems Regulator’s plan to lower the reimbursement ceiling from £415,000 to £85,000 for authorised push payment fraud, taking effect on 7 October 2024, risks spurring offenders to split scams into numerous sham transfers to maximise compensation claims. Authorised push payment, or APP, fraud arises when consumers are duped into sending funds to criminals, and it has already proved stubbornly resistant. Money lost to this fraud reached almost £460m in the year to December 2023, according to the trade body UK Finance. Daren Allen, a partner at Shoosmiths LLP, cautioned that, even at the reduced level, the reimbursement framework could introduce a fresh hazard, with the scheme as designed open to exploitation by organised crime. Criminal schemes A payer might in fact be part of the plot, sending money to a willing payee purely to trigger mandatory repayments from the banks involved. The aim would be to...
Mergers The Commission approved the purchase granting joint control over X2O group to Vendis Capital Management NV and Waterland Private Equity Investments B. V.......
Antitrust Public Transport Ticketing Schemes Block Exemption: CMA launches consultation on proposed recommendations The CMA has opened a consultation on its provisional advice to the Secretary of State for Business and Trade that the Competition Act 1998 ( Public Transport Ticketing Schemes Block Exemption) Order (the Order) should be maintained. This step comes after an April 2024 request for views on the Order. First introduced in 2001, the Order carves out specific integrated ticketing arrangements, entered into by transport operators, from the Chapter I prohibition under the Competition Act, and it received its most recent renewal in 2016 and remains subject to the current consultation......
In this issue: Data protection Financial sanctions AML, CTF and counter-proliferation financing Other financial crime Cybersecurity Other Risk & Compliance updates this week Daily and weekly news alerts Trackers New and updated content Latest Q& A Data protection Commission to consult on SCCs for third-country data importers subject to EU GDPR The European Commission has revealed plans to open a consultation on fresh standard contractual clauses ( SCCs) for exporting personal data to controllers and processors in third countries that are subject to the EU General Data Protection Regulation, Regulation ( EU) 206/679 ( EU GDPR). These SCCs are intended to sit alongside the current clauses used for transfers to third-country importers not caught by the EU GDPR. Adoption is targeted for Q2 2025. See: LNB News 13/09/2024 60. ICO responds to Meta’s...
In this issue: Clinical negligence Costs Other PI and clinical negligence news Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Lexis Nexis® Webinars Daily and weekly news alerts Clinical negligence High Court rejects allegation of breach of duty of care The King's Bench Division, in Deakin- Stephenson v Behar, dismissed the claimant's personal injury action against the first defendant ( B), a consultant in laparoscopic and emergency surgery, and the second defendant NHS Trust. The claimant had collapsed with acute abdominal pain and was taken to a hospital operated by the second defendant. She had developed a condition affecting the large intestine and colon. B undertook a laparoscopic lavage. She subsequently collapsed again with severe abdominal pain. B then performed a Hartmann's procedure, but the claimant continued to experience chronic abdominal pain along with several other conditions. She alleged breach of duty by B, asserting that, after admission, she and her family had...
In this issue: Intellectual property Data protection and life sciences Pharmaceutical regulation Medical devices Research and development Advertising of medicines Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Useful information Intellectual property Bayer sees off IP firm’s move to overturn European MRI patent Law360 reports that Bayer AG has defeated a challenge from De Simone & Partners seeking to revoke its patent for a contrast agent that boosts MRI scan quality, after European patent officials confirmed the invention included a new compound not seen before. Further reading: Bayer defeats IP firm’s attempt to have European MRI patent rejected. Data protection and life sciences Uber hit with €290m over unlawful data transfers to the US Over the summer, the Dutch data protection authority ( Autoriteit...
In this issue: Tax treatment Corporate governance Q& As Useful information Weekly highlights from other practice areas Tax treatment CIOT submission to HMRC on definition of ordinary share capital and fixed rate shares The Chartered Institute of Taxation ( CIOT) has lodged a submission with HMRC seeking clarity on the meaning of ordinary share capital in relation to fixed rate shares, notably whether non‑cumulative shares carrying a fixed dividend should still count as ordinary share capital for the purposes of section 989 of the Income Tax Act 2007. HMRC’s manual at CTM00514 had previously indicated that non‑cumulative fixed‑rate dividend shares fell within the definition, yet the apparent current stance is that any fixed‑rate share does not. The CIOT also queries the extent to which HMRC v Stephen Warshaw [2020] UKUT 0366 ( TCC) influenced HMRC’s revised guidance. For more on why the...
In this issue: Planning policy Heritage and natural environment Judicial review Green belts Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Latest Q& A Related Documents Planning policy Chief Planner’s planning update newsletter for September 2024 published Chief Planner, Joanna Averley, has issued the September 2024 planning update newsletter, prepared for chief planning officers within local planning authorities. It covers: a letter from Minister of State, Matthew Pennycook, to the Planning Inspectorate’s Chief Executive setting out a refreshed approach to ‘pragmatism’ in local plan examinations; the Deputy Prime Minister, Angela Raynor’s, unveiling of the New Homes Accelerator; and a Historic England update offering new advice on adapting historic buildings for energy and carbon efficiency. See: LNB News 16/09/2024 12. Defra launches Floods Resilience Taskforce The Department for Environment, Food and Rural Affairs ( Defra) has...
Antitrust Court of Justice issues judgment in national reference from the Netherlands proposing that parity clauses are not ancillary restrictions for the purposes of EU competition law The Court of Justice has delivered its judgment in Case C- 264/23 Booking,com BV and Booking.com ( Deutschland) Gmb H v 25hours Hotel Company Berlin Gmb H and Others, concerning a Dutch reference seeking clarification on whether wide and narrow parity clauses are ancillary restraints under Article 101(1) TFEU. The reference seeks guidance on their classification within EU competition rules under Article 101(1) of TFEU. Background Booking.com BV runs an online hotel reservation platform. Up to 2015, its agreements contained wide price parity obligations that stopped hotels from advertising cheaper room rates via their own direct channels and any other outlets, including rival online travel agencies ( OTAs). Thereafter, Booking.com moved to narrow price parity...
In this issue: Probate Powers of attorney and advance decisions Court of Protection Spouses, civil partners and cohabitants UK taxes for Private Client HMRC Manuals updates Budgets and Finance Bills Insolvency— Private Client Digital assets and cryptoassets Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts Lex Talk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q& As Useful information Probate Law Society welcomes shorter probate times but calls for further progress The Law Society of England and Wales has responded to HMCTS’s latest monthly management information on probate, noting average processing times fell to 9.3 weeks in July 2024, down from 14 weeks in the same month last...
In this issue: Social housing Children's social care Social care Planning Public procurement Judicial review Governance Education Healthcare Local government finance Daily and weekly news alerts New and updated content Social housing Construing local authority policies when issuing civil penalty notices ( City of Bradford MDC v Kazi) The Court of Appeal determined that a local authority (and, on appeal, the First-tier Tribunal ( FTT)) did not unlawfully fetter their discretion when applying a policy to calculate fines issued to a landlord by civil penalty notices ( CPNs) under the Housing Act 2004 ( HA 2004). It held that the Upper Tribunal ( UT) had erred in treating a policy provision as so inflexible that it amounted to an impermissible fetter on discretion. The clause in question addressed percentage adjustments to the penalty to...
KSY Juice Blends UK Ltd v Citrosuco Gmb H [2024] EWHC 2098 ( Comm) In this decision, the court held that the parties’ omission to settle the price for any additional product to be delivered under the sale arrangement meant there was no binding commitment for those further amounts—only an unenforceable agreement to agree. The background facts The contract, made in 2018, related to the sale of a product described as orange pulp wash, or “wesos”. The price for wesos under the agreement was linked to Brix and adjusted according to the Brix value. Brix measures the quantity of dissolved solids in a liquid by its specific gravity. The “ Brix unit” is widely used in the orange juice sector as a pricing measure. The contract set a fixed quantity of 1,200 MT per year for 2019 to 2021. Among other provisions, it...
In this issue: Data protection Cybersecurity Daily and weekly news alerts New and updated content Data protection ICO responds to Meta’s announcement on utilising user data for AI training The Information Commissioner’s Office ( ICO) has commented on Meta’s plan to restart using Facebook and Instagram user information to train generative AI, after Meta paused in June 2024 at the ICO’s request. Meta has revised its approach by streamlining how people can object to processing and by lengthening the period for submitting objections. The ICO restated that organisations must be transparent about personal data use, put suitable safeguards in place, and provide a straightforward route to object. The ICO has not provided regulatory approval for the processing, so Meta remains responsible for meeting and evidencing compliance. See: LNB News 16/09/2024 31. Commission to consult on SCCs for...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—18 September 2024 Two complaints reached the Advertising Standards Authority ( ASA), challenging Vodafone’s claims that its broadband matched BT’s for a lower price, and that millions of BT customers had moved to, or were considering, Vodafone. The ASA upheld the complaints. See: LNB News 18/09/2024 19. CMA publishes guidance for fashion sector on Green Claims Code The Competition and Markets Authority ( CMA) has released a compliance guide to help fashion retailers follow the Green Claims Code when making environmental statements about products. It reflects lessons from the CMA’s recent scrutiny of ASOS, Boohoo and George at Asda, which led to formal...
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
