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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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The Court of Appeal concluded that the nationwide lockdown introduced to control the spread of the virus activated a specific clause in insurance wordings that would typically pay only when there was an outbreak of disease at the insured premises. The test litigation combined six claims, heard together by the appeal judges, involving 13 insurers and 14 business policyholders. The ruling is expected to bear on thousands of other businesses not party to the proceedings but holding business interruption policies with 'at the premises' wording. The largest strand is a £16m demand by the London International Exhibition Centre ( Ex Ce L London) for losses tied to the national shutdown. Insurers contended the wordings were crafted to indemnify only where a closure stemmed from an outbreak of a notifiable disease at the site. They maintained that cover was intended solely for closures linked to...
Quantum of assigned claims not limited to administration shortfall ( Manolete Partners Plc v Freed & Others) Manolete Partners Plc v Freed & Others [2024] EWHC 2242 ( Ch) What are the practical implications of this case? This ruling provides additional reassurance to office-holders and funders when gauging prospective returns from litigation. It confirms that a claimant—whether the office-holder or an assignee—may pursue recovery of the entire sum diverted from the insolvent company, rather than being confined to the deficit remaining in the estate. The judgment therefore supports assessing claims by reference to the value of the impugned transfers themselves, not merely the administration shortfall. ICC Judge Mullen also affirmed the relevance of Manolete Partners Plc v Hope [2022] EWHC 1801 ( Ch) at paragraph 134. There, Zacaroli J declined to conclude that the court lacked jurisdiction to impose the ICC Judge’s Proviso; however, he...
Mergers Commission withdraws several decisions in Illumina/ Grail case The Commission stated it must retract a number of decisions closely linked to its assessment of Illumina Inc ( Illumina)’s purchase of Grail Inc ( GRAIL), both from the US. A Phase II probe into the Illumina/ GRAIL deal began in July 2021. Yet in August 2021, before that scrutiny had concluded, Illumina went ahead and fully finalised the takeover nonetheless......
Pw C’s report noted that fresh players joining the market have left insurers better placed to satisfy the sharp uptick in demand from retirement savings schemes for bulk annuity arrangements, across the market at present. Funding positions at defined benefit pension schemes have hit unprecedented highs over recent years to date, driven by higher yields on long-dated government bonds, or gilts. Bulk annuity deals totalled a record £50bn in 2023......
Nina Blackett, interim director of strategy, policy and analysis at TPR Nina Blackett said trustees must pay close attention to the regulator’s new compliance and enforcement policy, issued on 5 September following a 2022–23 consultation, which explains how the regulator expects trustees to meet their pension dashboards obligations. The project, long hit by delays, is intended to help pension savers locate an estimated £26bn held across roughly 2.8 million lost pension pots. In 2023, the Conservative government ordered a 'reset' of the dashboard project and deferred by a year the point at which retirement savings plans must connect to the new service, now scheduled for October 2026. Blackett emphasised the compliance policy should not be viewed 'simply as a regulatory stick', but is instead designed to ensure trustees understand their duties in advance of the launch......
Antitrust Court of Appeal upholds appeal concerning CMA’s hydrocortisone infringement decision and due process The Court of Appeal handed down its judgment in Allergan PLC & Ors v CMA, in proceedings comprising the CMA’s appeals against the CAT’s rulings of 29 September 2023 and 8 March 2024, respectively. Those rulings arose from separate appeals by, namely, Allergan, Advanz Pharma, Cinven, Auden Mckenzie and Intas Pharmaceuticals, contesting the CMA’s July 2021 decision which ultimately concluded that there were infringements of the Chapter I and Chapter II prohibitions under the Competition Act 1998 in respect of the supply of hydrocortisone tablets. On 18 September 2023, in its 2023 judgment, the CAT affirmed the CMA’s conclusion that Auden/ Actavis UK had made agreements with AMCo/ Advanz to postpone the introduction of their own 10mg hydrocortisone tablets, contrary to the Chapter I prohibition. The CAT, however, in...
On 4 September 2024, HM Treasury, the Department for Work and Pensions, and the Ministry of Housing, Communities and Local Government launched a call for evidence as part of the pensions investment review, addressing both defined contribution ( DC) workplace pension arrangements and the Local Government Pension Scheme ( LGPS). The Labour government wishes to explore the potential benefits and risks for pension savers, and for the UK economy, if the pensions market sees greater consolidation, with a share of assets gathered into fewer, bigger schemes. It is also considering the roles of different pension scheme types, and which are most likely to actively pursue new investment strategies that feature UK assets......
In this issue: UK mergers UK antitrust EU mergers EU antitrust Daily and weekly news alerts Lex Talk®Competition: a Lexis®Nexis community New and updated content Caselex UK mergers CMA unconditionally clears T& L Sugars/ Tereos merger after phase 2 The CMA has released its final report from its phase 2 review of the anticipated purchase by T& L Sugars Limited ( TLS) of the UK packaging and distribution site and business-to-consumer ( B2C) operations (the Target) of Tereos United Kingdom and Ireland Limited from Tereos SCA ( Tereos). TLS is a sugar manufacturer that refines and supplies sugar and associated products (including the Tate and Lyle brand) to supermarkets and to other trade customers such as grocery wholesalers, hotels and cafes across the UK. The Target sources sugar from its Europe-based parent, Tereos, and uses a facility in...
In this issue: Directors and insolvency Corporate insolvency processes Insolvency litigation Daily and weekly news alerts Key dates for R& I professionals Directors and insolvency BHS directors liable for trading misfeasance in excess of £110m ( Wright v Chappell; Re BHS Group Ltd). Concluding the proceedings against the former BHS leadership, the Court determined the directors were jointly and severally accountable for the uplift in the company’s net deficiency, caused by breaches of duty that kept the business trading. See News Analysis: BHS directors liable for trading misfeasance in the sum of more than £110m ( Wright and others v Chappell and others; Re BHS Group Ltd), by Phillip Patterson, barrister, Gatehouse Chambers. Recovery of improper payments and unlawful dividends from directors of insolvent company ( Manolete Partners v Mohammed). The court accepted, in relation to a number of payments made by the...
According to an 8 August 2024 High Court submission, the French lender contended that the English courts alone should determine the dispute after Vietjet Aviation Joint Stock Company launched proceedings in Vietnam against BNP Paribas, notwithstanding agreements said to require any conflicts to be decided in the UK. The bank is asking the court to grant an order restraining Viet Jet from pressing on with Vietnamese legal action. The filing asserts that Viet Jet is obliged to bring the claims in the Vietnamese proceedings against BNPP......
In this issue: Road traffic accidents Claims involving fraud and fundamental dishonesty Damages CRU and NHS charges Case management Other PI and clinical negligence developments Lex Talk® PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Road traffic accidents High Court dismisses child’s claim for negligence in road traffic accident The King’s Bench Division in Gadsby (a protected party by her mother and litigation friend Ms Laura Youmans) v Hayes (formerly Emms) dismissed the claimant’s negligence action against the driver. Aged 12, the claimant was on a pedestrian crossing returning from school when a Vauxhall Astra driven by the defendant ran into her, causing severe injuries. The court concluded that: Applying established principles to the evidence, the defendant bore no liability in negligence for the injuries; Having regard to the Highway...
According to the Resolution Foundation, the typical pension pot required merely to cover basic living costs has risen to £107,800 in 2023–24, in addition to the state pension. The report notes this is an increase from £68,300 in 2021–22. The think tank estimates that a pensioner, on average, needs £19,300 to maintain a basic standard of living. That figure varies between £13,500 and £28,400 depending on housing arrangements and relationship status. The report’s economist, Molly Broome, said the UK’s economic backdrop has shifted markedly since January 2021, especially due to the ensuing cost-of-living crisis, during which inflation climbed to its highest level since the early 1980s, alongside higher interest rates, in the report as well......
Antitrust Advocate General suggests Google’s refusal to provide third party access to Android Auto platform may breach Article 102 TFEU Advocate General Laila Medina issued her opinion in Case C- 233/23 Alphabet and Others, a national reference from Italy that seeks guidance and clarification on whether Google’s stance of denying third-party access to Android Auto (a mobile app for Android devices) infringes Article 102 TFEU. For context, Google is the developer of Android OS, an open-source operating system for Android mobile devices. In 2015, Google rolled out Android Auto, an app for mobile devices with an Android operating system that allows motorists to use certain smartphone apps via a car’s integrated display. Independent developers are able to produce iterations of their own apps that work with Android Auto by applying templates supplied by Google. Enel X (part of the Enel Group) delivers electric car...
In this issue: EU fundamentals Data protection Energy Environment Financial services Life sciences Lex Talk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers EU fundamentals European elections—what’s next? From 6–9 June 2024, EU citizens headed to the polls to choose the tenth European Parliament. After negotiations on group line-ups—featuring parties changing blocs and several previously non-aligned MEPs joining political groups—the make-up of the 2024–2029 Parliament is now apparent. As forecast, the chamber has moved to the right. But what does that entail? Lavan Thasarathakumar, senior adviser at Hogan Lovells, has contributed to this assessment. See News Analysis: European elections—what’s next? Data protection Dutch DPA fines Clearview €30.5m for violations of EU GDPR The European Data Protection Board announced that the Dutch Data Protection Authority ( DPA) has issued a €30.5m fine to...
GPGC Ltd v the government of the Republic of Ghana, 200.328.375/01 What are the practical implications of this case? The Amsterdam Court of Appeal in GPGC v Ghana holds that, in the Netherlands, an application for enforcement that falls short of the formalities in Article IV of the NYC may still be granted in defined circumstances. The stipulation in Article IV(1)(b) NYC—requiring submission of the original arbitration agreement or a duly certified copy with the enforcement application—is not enforced rigidly where the Dutch courts can ascertain, by other means, the presence and terms of the arbitration agreement. Accordingly, omission of the instrument itself, or a certified duplicate, need not be fatal if the court can otherwise verify its existence and contents. This approach mirrors earlier rulings (see, for instance, ECLI: NL: GHAMS:2022:3325 and ECLI: NL:...
In this issue: Competition and life sciences Medical devices Research and development Lex Talk®Life Sciences: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Competition and life sciences EU mistaken to scrutinise Illumina’s US$8bn Grail purchase, the Court of Justice rules. Law360 reports that on 3 September 2024 the Court of Justice of the European Union concluded the European Commission lacked the power to review Illumina’s US$8bn takeover of cancer detection company Grail and to unwind the transaction, marking a setback for the EU’s merger control regime. See: EU wrong to probe Illumina’s US$8bn Grail deal, Court of Justice says. Medical devices Med Tech Europe responds to the EU AI Act’s entry into force. Med Tech Europe has issued a response outlining its perspective following the 1 August 2024 entry into...
In this issue: Data protection Financial sanctions Other financial crime Daily and weekly news alerts Trackers New and updated content Data protection The Department for Science, Innovation and Technology ( DSIT) has begun a consultation on proposals to revise the data protection fees due from data controllers to the Information Commissioner’s Office ( ICO). The changes are intended to secure the funding needed for the ICO to perform its remit—offering guidance, advice and support to organisations—and to achieve full cost recovery in line with HM Treasury’s Managing Public Money principles. The consultation runs until 26 September 2024. See: LNB News 30/08/2024 18. Financial sanctions The Foreign, Commonwealth and Development Office ( FCDO) has updated its guidance on the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855. Prohibition 46Z16R has been revised to update licensing information relating to Russian diamonds processed in third countries. See: LNB News 02/09/2024 27......
In this issue: Practice and procedure Private children Public children Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts New subtopic and overview Updated content Useful information Practice and procedure HM Land Registry updates Practice Guide 11 and Form CNG HM Land Registry ( HMLR) has revised Practice Guide 11— Inspection and application for official copies—so that the digital routes for requesting official copies are set out ahead of references to paper applications, and has inserted a new section explaining how to apply for an official copy where more than one deed shares the same date and type. In Form CNG— Change of name ( Transgender and Non- Binary), the wording in panel 2 has been updated to align with the terminology of the Gender Recognition Act 2004. See: LNB News...
In this issue Investigating criminal conduct Criminal procedure and evidence Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Corporate Crime in Scotland International Lex Talk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct SFO cannot challenge liability for ENRC probe On 2 September 2024, the Court of Appeal declined to permit the Serious Fraud Office ( SFO) to contest findings that former SFO officials prompted a former Dechert LLP partner to share confidential material from an internal investigation into a mining company. See News Analysis: SFO can't challenge liability for ENRC probe. SFO publishes speech by Interim Chief Capability Officer Also on 2 September 2024, the SFO released a speech by Freya Grimwood, Interim Chief Capability Officer. Grimwood reviewed...
In this issue: Types of insurance Regulation New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Types of insurance Property insurance Britain's state-backed flood reinsurance scheme has warned that opaque and uneven planning around flood mitigation is eroding the market's ability to insure newly built properties against flood risk. See News Analysis: Government flood plan shortcomings risk cover, scheme warns. Trade credit insurance Financier Lex Greensill and steel tycoon Sanjeev Gupta dispute claims that they conspired to mislead Zurich underwriters with allegedly fabricated debts, in a $400 million trade credit insurance dispute in London. See News Analysis: Greensill, Gupta deny conspiracy in Zurich insurance dispute. Regulation ESG The European Commission has released a report with recommendations to shrink the insurance protection gap driven by climate change, prioritising adaptation measures. The report concludes the Climate...
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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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