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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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What are the practical implications of this case? The Commercial Court in Al‑ Aggad v Al‑ Aggad & others [2024] EWHC 673 ( Comm) declined a forum non conveniens stay at Spiliada Stage 2. Cockerill J’s judgment closely scrutinises a wide array of issues that commonly arise when a claimant relies on Stage 2—namely, the proposition that, for reasons of justice, a stay ought not be imposed despite otherwise valid forum non conveniens grounds. Those advising prospective claimants will be encouraged by the judge’s dictum that the Stage 2 assessment of a “real risk” of not obtaining justice encompasses circumstances where the claimant asserts they cannot access the foreign court at all—there is no requirement to demonstrate that on the balance of probabilities. The corresponding point, as the judge noted, is that where the claimant depends on matters of fact, such matters must be...
In contrast to the better-known Conference of the Parties to the United Nations Convention on Climate Change (an annual conference, now on its 29th gathering in Azerbaijan in November 2024), the biodiversity COP is held every two years, rather than annually. COP16 follows a high bar set by the 2022 meeting in Montreal, Canada (co-hosted with Kunming, China), where a landmark biodiversity agreement was adopted by parties collectively at that summit. The Kunming– Montreal Global Biodiversity Framework (the Global Biodiversity Framework) seeks to tackle biodiversity loss, revive ecosystems and uphold indigenous rights as agreed. Central to the framework is a clear commitment to safeguard 30% of the world’s lands, inland waters, coastal areas, oceans and degraded ecosystems by 2030. It also proposes boosting finance for developing nations—a highly contentious and challenging endeavour to date—by mobilising at least $200bn per year in domestic and...
At Southwark Crown Court, Judge Nicholas Rimmer quashed the conviction of Anna Machkevitch for not complying with an SFO requirement to provide documents relating to her father, Alexander Machkevitch—one of the trio of billionaire partners behind ENRC. Jonathan Hall KC of 6KBW, for the SFO, told the brief hearing that the agency accepted there was “no realistic prospect of conviction” and would tender no evidence against the appeal, and that it would not be resisting it either. In July, the SFO confirmed it would not contest Machkevitch’s challenge to the conviction......
Vistry Homes Ltd v Secretary of State for Housing, Levelling Up, and Communities and others; Fairfax Acquisitions Ltd v Secretary of State for Housing, Levelling Up, and Communities and others [2024] EWHC 2088 ( Admin) What are the practical implications of this case? A core tenet of planning law is separating the issue of whether a matter counts as a material consideration from the weight it should carry in the determination. Equally, distinguishing the meaning of planning policy from the subsequent exercise of applying that policy to a proposal. The first issues are matters of law. The second are matters of planning judgement for the local planning authority or Secretary of State. So long as all material considerations are taken into account and policies are interpreted correctly, it is for the decision-maker to attach whatever weight he or she considers...
At the British Private Equity and Venture Capital Association’s UK Pensions Summit on 11 September 2024, Nausicaa Delfas, TPR’s chief executive, said the regulator had doubled its number of investment consultants and expects trustees and schemes to have the ‘controls, capability and scale’ needed to deliver for savers. She noted that trustees and schemes “will notice a difference” in how TPR deals with the market to pursue greater value from now on. Her aim is for every saver to be in a scheme with sophisticated investment governance arrangements—supervised by trustees who understand what their long-term goals are......
On 12 September 2024, the FCA announced it would deploy a reporting form to gather improved information from firms in the sector undertaking the regulated activities of credit-broking, credit information services, debt adjusting or debt counselling. In a consultation paper, the FCA stated that obtaining higher-quality data should strengthen how it identifies risks of harm and enables swifter intervention, aligning with its overarching data-led strategy. The regulator also recognised that consumers have experienced harm when it has not secured the right data......
Competition law issues Dynamic pricing describes a company varying its charges in response to shifting market factors, including spikes in demand. It is increasingly common across a range of industries, from hotels and airlines to Uber-style taxi services. While not inherently unlawful, it may infringe consumer protection or competition law (or the advertising rules) in particular situations. The principal legislation is the Consumer Protection from Unfair Trading Regulations 2008 ( CPRUTR 2008), SI 2008/1277, which outlaws unfair commercial practices, such as misleading pricing. The CPRUTR 2008 will be repealed and replaced by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) once the relevant provisions commence, carrying over very similar rules on unfair commercial practices. However, DMCCA 2024 grants the CMA stronger enforcement powers, increasing the risk for businesses. The Consumer Rights Act 2015 ( CRA 2015), together with the Consumer...
Mergers Vodafone/ CK Hutchison JV raises competition concerns; CMA considers prohibition of the merger would be the most effective remedy The CMA has set out its provisional findings and a notice outlining potential remedies in its phase 2 review of the anticipated joint venture between Vodafone Group Plc ( Vodafone) and CK Hutchison Holdings Limited ( CK Hutchison), concerning Vodafone Limited ( VUK) and Hutchison 3G UK Limited (3UK). At this stage, the CMA indicates that blocking the deal would be the most effective way to resolve the competition concerns identified. VUK is owned by Vodafone and 3UK is owned by CK Hutchison, and both businesses are among the leading providers of mobile telecommunication services in the UK......
R (on the application of Hillary Smith) v Director of Public Prosecutions [2024] EWHC 2032 ( Admin) What are the practical implications of this case? Courts will continue to grant considerable leeway to CPS prosecutorial decisions; however, this judgment strongly suggests that individuals impacted by a CPS choice not to prosecute may now anticipate, and legitimately insist upon, clearer, better reasoned explanations and fuller justification from the CPS. Earlier challenges to decisions not to prosecute produced a settled body of authority stressing that the courts should allow the CPS a wide margin when judging the rationality of prosecutorial choices, particularly since the victim right to review scheme was brought in and complainants gained access to an internal, independent review. Features of this case point towards the CPS needing to supply fuller reasons for a decision to be judged reasonable, and to a...
Re AA (withdrawal of life-sustaining treatment: no best interests decision) [2024] EWCOP 39 ( T3) What are the practical implications of this case? This judgment usefully and clearly reaffirms a number of fundamental principles that can at times be overlooked in serious medical treatment applications in the Court of Protection, namely: The court’s role is strictly confined to selecting between treatment choices actually available to the patient. Where a clinician offers no alternative option, there is no best interests decision for the court to determine on the patient’s behalf; A patient cannot demand that a doctor administer any particular treatment, and nor can the court compel it: see Re Y [2018] UKSC 46; It is an abuse of process to seek a best interests declaration under the MCA 2005 to try to persuade a clinician to provide treatment when none is being offered: see AVS v A NHS...
Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 What are the practical implications? On complex, multi-party undertakings like construction, parties can draft for joinder or consolidation of arbitrations across interlinked contracts, allowing a claimant to pursue recovery against all contributors to its loss within a single reference or co-ordinated proceedings. Another pathway is to contract out of the proportionate liability regime, making one contributor answerable for the entire loss, irrespective of its share, leaving that party to seek contribution from others. If neither mechanism is adopted, the probable outcome is that the claimant will target either the principal wrongdoer or the party with the deepest pockets in the arbitration (where an arbitration agreement exists), and then initiate separate actions against any additional contributor with a realistic capacity to satisfy a judgment. As Justice Steward observed, the outcome of this appeal...
Officials describe the ships hit by sanctions as 'high-volume offenders', the government notes indeed. Together, just three of the vessels have transported oil worth more than US$5bn since Russia invaded Ukraine in 2022. The move also follows concerns from insurers that far-reaching Western sanctions have spawned a 'shadow fleet' of tankers moving Russian oil. Under UK measures, the ships are barred from entering British harbours and from receiving approval to register with the government, the Foreign Office says. The government stated that Russia’s oil exports are Putin’s most crucial source of income to finance the war in Ukraine and account for roughly a quarter of the......
Mergers The Commission approved both: the takeover of joint control of France LNG Shipping SAS by Geogas Maritime SAS, Nippon Yusen Kabushiki Kaisha, DIF Management BV and Marigold ACP SARL ( M.11629) following a phase I investigation—see further, the Midday Express accordingly the acquisition of sole control of Superstruct Holding S.à r.l.......
R ( Global Feedback Ltd) v Majesty’s Treasury and another [2024] EWHC 1943 ( Admin) What are the practical implications of this case? In step with a series of recent rulings on CPR 46 concerning alleged failures to properly engage with obligations arising under the Paris Agreement, the court adopted an expansive, purposive view of what constitutes an Aarhus Convention claim, concentrating on the substance of the claim. The fact that the overarching aim of the 2023 Regulations was not directly environmental did not matter; it was enough that there existed a duty to have regard to relevant international environmental obligations—expressly under TCTA 2018, s 28, and also as a broader public law consideration. Casting the Paris Agreement as a general public law consideration potentially broadens opportunities for judicial review grounded in the Paris Agreement, and for further attempts to limit...
In this issue: New technologies Internet Data protection Media Advertising, marketing and sponsorship Telecommunications Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies Draghi spurs Europe to seize ‘ AI revolution’ to regain competitiveness MLex: Mario Draghi’s much-anticipated report, setting out the political programme for the next European Commission, places strong emphasis on closing Europe’s ‘innovation gap’. The former Italian PM and ex- European central banker contends that Europe’s future competitiveness rests on re-entering the technology race with the US and China by harnessing the possibilities of artificial intelligence ( AI). See: Draghi spurs Europe to seize ‘ AI revolution’ to regain competitiveness... UK signs first legally binding international treaty on AI risks The UK has entered into the first legally binding...
In this issue: Pension Protection Fund ( PPF) Investment Retirement options Daily and weekly news alerts Dates for your diary Trackers Pension Protection Fund ( PPF) PPF publishes consultation on the 2025/26 levy In a consultation document dated 12 September 2024, the PPF sets out: a levy forecast for 2025/26 of £100m (unchanged from 2024/25, the lowest to date and aligned with last year’s consulted approach) methodology adjustments to continue spreading the levy’s cost across a broad pool of risk-based payers, rather than allowing the burden to become concentrated on a smaller cohort. Specifically, the PPF would (i) cut the levy scaling factor so it does not collect more than the planned £100 million, (ii) raise the scheme-based levy multiplier to maximise utilisation of the scheme-based levy, and (iii) increase the asset and liability stresses applied to two...
Oceanus Capital SARL contended, in a High Court claim dated 16 August 2024, that Lloyd’s Insurance Company SA is in breach of an insurance policy intended to safeguard its interest in a cargo vessel pledged as security for a loan facility. The Luxembourg-based company seeks indemnity for losses it says arose from the mine strike, including the unpaid balance of the loan and expenses said to have been incurred after the ship was struck. The claim asserts that Oceanus, as mortgagee, has lost its interest by reason of an insured peril, and alleges the defendant has wrongfully failed to pay under the mortgagee’s interest policy. Oceanus Capital said that in 2022 it advanced a US$3m loan to Lyra Mare Ltd, owner of a cargo ship managed by Nava Shipping Ltd. The lending was allegedly secured by a...
In this issue: Key developments and horizon scanning Statutory compliance Transferring property Property development Environment, energy and buildings Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning Renters’ Rights Bill introduced to Parliament The Ministry of Housing, Communities and Local Government ( MHCLG) confirms the Renters’ Rights Bill has been introduced to Parliament (see Trackers section below). The legislation would outlaw Section 21 ‘no-fault’ evictions for both new and existing tenancies, giving renters confidence to challenge poor practice without risking retaliatory eviction. Landlords would need to show a legitimate ground to end a tenancy early, enhancing renters’ protection and stability. Further changes include applying Awaab’s Law to the private rented sector so renters in England can tackle dangerous...
In this issue: Sustainable finance and ESG round-up LIBOR and benchmarks Security Aviation finance Sustainable finance Debt capital markets Regulation for derivatives lawyers Structured products and securitisation Cryptoassets Sanctions Daily and weekly news alerts Useful information Sustainable finance and ESG round-up For this week’s Sustainable finance and ESG highlights, see: Sustainable finance and ESG weekly round–up—12 September 2024. LIBOR and benchmarks LIBOR: FCA issues last reminder to firms about end of synthetic US dollar settings The Financial Conduct Authority ( FCA) has delivered a final reminder to firms that the 1-, 3- and 6-month synthetic US dollar LIBOR settings will cease permanently following their last publication on 30 September 2024. In the run-up to that date, the FCA states firms with remaining US dollar LIBOR exposures must keep up their active transition efforts. See: LNB News...
In this issue: Key PI and clinical negligence developments Vicarious liability Road traffic accidents Damages Costs Daily and weekly news alerts Useful information Key PI and clinical negligence developments NHS Resolution announces new clinical negligence claims management agreement On 27 August 2024, NHS Resolution, together with representatives of claimant medical negligence solicitors and injured patients, signed a new Clinical Negligence Claims Agreement. This replaces the COVID-19 Clinical Negligence Protocol 2020, which ensured claims could continue to progress efficiently during the coronavirus ( COVID-19) pandemic. The updated arrangement builds on that Protocol by setting out how parties should work co-operatively. It also recognises, for injured patients and bereaved families, the importance of learning from patient safety incidents so that similar occurrences are not repeated. Suzanne Farg, Director at Fieldfisher, reviews the key points to take from the revised...
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 ]...
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