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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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In this issue: Authorisation, approval and supervision Prudential requirements Financial crime and sanctions Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of derivatives Sustainable finance and ESG Banks and mutuals FCA urges firms to do more to help bank account access CMA publishes full text of its Nationwide Building Society/ Virgin Money merger decision Starling Bank breaches Retail Banking Market Investigation Order 2017 Investment funds and asset management Regulation of insurance Payment services and systems Fintech and cryptoassets Lex Talk®Financial Services: a Lexis®Nexis community Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary Authorisation, approval and supervision FCA releases Q4 2023/24 data on commissions for skilled persons reports. The Financial Conduct Authority ( FCA) has set out figures for the skilled persons reviews it ordered in Q4 2023/24. In total, 27 reports were commissioned, with the greatest share in the retail investments space (10), followed by wholesale financial markets (7). Most reports...
In this issue: Building safety JCT contracts Adjudication Contract law Collateral Warranties Procurement Projects Daily and weekly news alerts New and updated content Construction trackers Building safety Grenfell Tower Inquiry Phase 2 report On 4 September 2024, the Grenfell Tower Inquiry released its Phase 2 report into the fire at Grenfell Tower, which took place on 14 June 2017. The document aims to explain how the blaze was able to travel so rapidly, within a brief timeframe, through a residential building. It outlines shortcomings across numerous institutions, organisations and individuals over many years, whose combined failures brought about the disaster. The report concludes that the tragedy was the culmination of decades of failings by central government and other bodies with responsibilities within the construction industry......
In this issue: Key DR development Cross-border disputes Litigation Settlement ADR Lex Talk® Dispute Resolution: a Lexis®Nexis community New content Dates for your diary Useful information Daily and weekly news alerts Key DR development Equality Rules Bar Standard Board opens consultation on changes to the Equality Rules: the Bar Standard Board ( BSB) has launched a consultation on Proposed Amendments to the Equality Rules. It is seeking views on revisions to Core Duty 8 and on a new set of Equality Rules that would replace the existing framework. The BSB intends to adjust the Core Duty so that all barristers are obliged to advance equality, diversity and inclusion when practising or otherwise delivering legal services. Responses are requested by 29 November 2024. For further details, see: LNB News 04/09/2024 30— BSB consults on Proposed Amendments to the Equality Rules. International guidance IBA’s concern on Mexico reform of judiciary: the International Bar Association ( IBA) has voiced concerns...
In this issue: Employment contract Tax Prohibited conduct (discrimination etc) Equality, diversity and inclusion Maternity, parents and carers Data protection and employee information Lex Talk®Employment: a Lexis®Nexis community Dates for your diary Trackers New Q& As Employment resources on Lexis+® Daily and weekly news alerts Employment contract Labour drops predictable hours legislation to pursue stronger right The new Labour administration has shelved plans that would have allowed staff to request a more predictable working pattern, opting instead to advance a tougher contractual entitlement to the hours they typically work. See Law360: Labour drops predictable hours legislation to pursue stronger right. TUC survey highlights importance of government plans on zero-hours contracts The Trade Union Congress ( TUC) has shared polling on zero-hours contracts, finding that 84% of workers on these terms want stable, full-time hours, and 75% say they are...
Teo Heng Tatt v All Kurma Sdn Bhd & others PA-24NCC-42-11/2023 What are the practical implications of this case? This decision offers practical direction on when the court should grant a stay under section 10 of the Malaysian Arbitration Act 2005 (the ‘ Act’), especially in shareholder conflicts and minority oppression petitions. The judge considered whether an oppression complaint falls within the meaning of a dispute under the shareholders’ agreement and is therefore captured by the parties’ arbitration clause, and also what conduct amounts to ‘steps in the proceedings’ for the purposes of section 10 of the Act. The court further analysed the arbitrability of oppression claims. In doing so, the judge explored the tension between a party invoking statutory remedies (under the Malaysian Companies Act 2016) and the parties’ contractual commitment to arbitrate their disputes, and explained how that interplay should be...
In this issue: Residential tenancies Disputes and remedies Repairing obligations and dilapidations Trespass and adverse possession Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary Trackers Residential tenancies No rent repayment order where subleases took effect as assignment ( Kumar v Kolev) In Kumar v Kolev [2024] UKUT 255 ( LC), the Upper Tribunal ( Lands Chamber) ( UT) allowed K’s appeal, setting aside the First-tier Tribunal ( Property Chamber) ( FTT) decision that had made a rent repayment order ( RRO) under section 40 of the Housing and Planning Act 2016 against K, in favour of three respondents. The FTT had required K to repay monies linked to their occupation of an unlicensed house in multiple occupation ( HMO). K had let the entire dwelling to a...
Magnetic Shields Ltd v Vacuum and Atmosphere Services Ltd [2024] EWHC 2260 ( TCC) What are the practical implications of this case? This dispute turned on intricate technical questions about repairing a vacuum furnace, yet handily revisits the legal rules governing contract formation and subsequent variation. It also demonstrates how the court decides whether defects amount to breaches of contract, by relying on expert evidence and the terms of the agreement, and how it assesses the damages payable, broadly by applying established general principles. Practitioners may therefore find the judgment a useful reference point for seeing those principles put into practice. What was the background? Magnetic Shields Ltd (‘ MSL’) operates a number of vacuum furnaces across several manufacturing sites and, in June 2017, purchased two second-hand furnaces, one being an Abar HR50 (‘the Abar’), built in the 1980s and rated to work at pressures up to a...
Margaret, not her real name, was off work in 2022 due to stress and turned to online gaming to unwind. Ever cautious, she used separate email addresses, kept financial details off the mobile phone she played on, and never revealed any personal information that could identify her... Yet the man who contacted her on Scrabble Go in August 2022 felt different, less insistent. He asked for nothing, shared pictures of where he said he lived, and simply offered light, friendly conversation. By December 2024, using the name Michael Moore, he had persuaded her to put US$700 into Bitcoin through what she believed was a legitimate cryptocurrency platform... Within weeks, Margaret transferred £78,000—most of her life savings—as Michael pushed for further investments and service fees, threatening that she would lose the initial funds. With her bank accounts emptied and her pension pot gone, she was...
In any dispute resolution process, evidence is central, with contemporaneous documentation frequently the most compelling proof of all (here, ‘documentation’ is to be understood as covering any medium in which data is retained, such as hard copy records, emails, text messages, Whats App chats, and so on). Although relevant documents may sit with both sides, in many matters they are held solely by one party. Accordingly, both domestic legal systems and private dispute resolution fora (ie arbitration) have fashioned laws and procedural mechanisms that oblige disputing parties to produce such material (commonly termed ‘disclosure’, ‘document production’ or ‘discovery’). Those frameworks differ markedly between common law and civil law jurisdictions. In this piece we consider these divergences, the manner in which international arbitration seeks to bridge them, and some of the practical challenges encountered. The common law and civil law approaches to...
The Federal Republic of Nigeria's 29 August 2024 stay motion seeks additional time to petition the Supreme Court for a writ of certiorari, in order to advance its contention and position that it does not qualify as a 'person' under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention, June 1958), because it 'acted solely in a sovereign capacity' when it concluded an agreement with Chinese company Zhongshan Fucheng Industrial Investment Co. Nigeria also asks the court to pause the issuance of the DC Circuit's mandate for 90 days following the appeals court's 9 August 2024 decision favouring Zhongshan's application to enforce the arbitral award. Zhongshan had initially brought the case in a DC lower court after a London arbitration tribunal determined in March 2021 that Nigeria had infringed the Chinese company's rights under the treaty...
Republic of Korea v Elliott Associates, LP [2024] EWHC 2037 ( Comm) What are the practical implications of this case? In investment treaty arbitration, it is routine to draw a line—on the one hand—between 'jurisdictional' questions and—on the other—'substantive' questions. This demarcation often produces bifurcated proceedings, so the 'substantive phase' will only start after the 'jurisdictional phase' ends, with the tribunal confirming that it has jurisdiction. Yet, as this judgment demonstrates, that categorisation is imprecise. Section 30(1) of the Act makes plain that 'substantive jurisdiction'—the absence of which can be relied upon to challenge an award—covers three points: the existence of a valid arbitration agreement, whether the tribunal is properly constituted, and the matters referred to arbitration in accordance with the agreement. Only these are issues of substantive jurisdiction; others are not. The court emphasised the need for sharp...
What are the practical implications of this case? In Wright and others v Chappell and others; Re BHS Group Ltd [2024] EWHC 2166 ( Ch), there remains a realistic prospect that the judgment may face an appeal in due course; however, for the time being it stands as a helpful—and quite possibly first—authority on how to quantify equitable compensation when a company director breaches the modified Sequana duty ( BTI 2014 LLC v Sequana SA [2022] UKSC 25). It indicates the potential for very substantial awards by confirming that, where the breaches of duty result in the company continuing to trade, the starting position is that misfeasant directors will be jointly and severally responsible for any increase in the company’s net deficiency, so long as their breaches are an effective cause of that increase. A further issue of possible relevance on any appeal is the...
Antitrust General Court dismisses appeal against canned vegetables cartel The General Court delivered its judgment in Case T- 59/22 Conserve Italia and Conserves France v Commission, an appeal challenging the Commission’s decision to fine Conserve Italia for its involvement in a cartel relating to the supply of certain types of canned vegetables to retailers and/or food service companies in the EEA ( AT.40127). The General Court rejected the appeal in full......
British Broadcasting Corp v BBC Pension Trust Ltd and another [2024] EWCA Civ 767, [2024] All ER ( D) 54 ( Jul) What are the practical implications of this case? This is a useful and instructive, if—at least for the BBC’s finance department—rather dull, decision. Lord Justice Lewison’s judgment now is (or ought to be) the first reference point for appreciating how the courts approach the interpretation of pension scheme documents. Lewison LJ’s ruling neatly distils the leading authorities (from Courage through to Barnardo’s) and reiterates his earlier warning against digging into the archaeology of a scheme’s rules (see Barnardo’s). Most importantly, the court stated that the proper starting point—and commonly the finishing point—is the ordinary meaning of the disputed wording, assessed in its context. Context is pivotal and may mean that particular expressions (eg ‘interests’) carry different meanings in different places within the deed and the...
How is AI being utilised to facilitate financial crime and what type of activities should businesses be watching out for in the fight against financial crime? While AI and associated tools are among the most powerful means of combating financial crime—and their success is clear—they have limitations and introduce notable risks. AI acts as a force multiplier for criminality, breathing new life into ‘old’ fraud through automation. It can increase the speed, effectiveness and persistence of money laundering, insider trading and cyber-attacks. AI can be used to: strengthen existing attacks—making threats harder for AML, anti-fraud, anti-virus tools and other filters to detect devise new attacks—by manipulating or fabricating data to create confusion and/or impersonate officials automate attacks—enabling large-scale financial crime with minimal effort Generative AI can produce synthetic identities using forged passports, driving licences and utility bills, then establish sham...
Mergers The CMA has approved Microsoft’s recruitment of selected ex- Inflection staff and its participation in related arrangements with Inflection following a phase 1 investigation—see the case page for details. NOTE— For details of all ongoing mergers before the CMA, see the UK mergers—ongoing cases tracker. Upcoming dates For timings of forthcoming UK competition developments, see the UK Competition calendar......
Fidelity International reports that findings from its annual Women and Money survey, released on 2 September 2024, reveal 52% of women worry they will not have enough in retirement. The figures further indicate that more than one in ten women, 12%, have reduced their pension contributions during the last year. Across retirement savers, average monthly payments were cut by £173, the data shows. Slightly more than half of employed women, 51%, said they were held back from putting more into a retirement fund because limited money remained after essential expenses, according to the survey of 2,000 adults carried out by Opinium Research on Fidelity’s behalf in May 2024, as the study reports......
Secretary of State for Business and Trade v Low and another [2024] EWHC 1812 ( Ch) What are the practical implications of this case? This decision carries notable weight and will attract attention from insolvency practitioners, given the court’s readiness to attribute responsibility to Mr Low for the Company’s participation in missing trader intra‑community ( MTIC) fraud without proof that he actually knew of any specific link. Moreover, even though the court accepted Mr Low’s testimony and contention that his role in the Company’s operations was subordinate to at least one other individual with managerial responsibility, his status as a director, by itself, left him accountable for the Company’s financial affairs. Because the Company’s trading bore multiple classic indicators of MTIC fraud, and there was no evidence that Mr Low had carried out appropriate verification or due diligence, the court concluded that his...
Statutory Instrument SI No 362/2024, Rules of the Superior Courts ( Order 11) 2024 ( SI 362 of 2024), taking effect on 31 July 2024, amends Order 11 of the Rules of the Superior Courts. The amendment simplifies applications to the court for permission to serve proceedings outside Ireland. It applies to specified categories of cases, including contractual disputes, arbitration, and equitable reliefs. It also introduces a new appearance form for any defendant who wishes to challenge the court’s jurisdiction after service. In addition, SI 362 of 2024 sets out a new process for contesting service. Procedure Where a defendant to an action is outside Ireland (1) An application for leave to serve out of the jurisdiction must be made for proceedings concerning: lands within the jurisdiction contractual disputes arbitration equitable reliefs......
See Q& A: What constitutes consideration for money or money’s worth within the meaning of IHTA 1984, s 142(3) which would prevent the ‘reading back’ of a variation of a Will or intestacy made under IHTA 1984, s 142(1)? Section 142 of the Inheritance Tax Act 1984 ( IHTA 1984) sets out a particular approach for inheritance tax where a legatee named in a Will redirects some or all of their legacy. In these circumstances, provided the conditions in IHTA 1984, s 142 are satisfied, the Will is deemed to have made the legacy—or an increased legacy, as appropriate—directly to the person who receives the redirected gift, and to have made a correspondingly smaller legacy to the original beneficiary. In effect, for inheritance tax purposes, the arrangement is treated as though the Will itself had conferred the adjusted entitlement from the outset, with the...
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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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