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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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A scathing 2020 assessment of the watchdog’s oversight of LCF, which failed in 2019, pointed to auditors’ reporting duties as a partial defence by the regulator. Yet Elizabeth Gloster, the former Court of Appeal judge who headed the inquiry, firmly insisted the auditors’ conduct did not, at all, excuse the Financial Conduct Authority ( FCA) for ignoring fraud warnings at the firm. The FCA has shifted blame towards the auditors. More precisely, it has singled out Pw C, the firm responsible for LCF’s 2016 audit. Announcing a £15m penalty on Pw C last week, Therese Chambers, the watchdog’s enforcement chief, said there were multiple ‘red flags’ that should have triggered suspicion of fraud. ‘ They ought to have responded at once. By not doing so, they denied the FCA information that could have been crucial’. That stance jars when read against the...
Virgin Media Ltd v NTL Pension Trustees II Ltd and others [2024] EWCA Civ 843, [2024] All ER ( D) 118 ( Jul) What are the practical implications of this case? The Court of Appeal’s ruling is unlikely to receive broad approval. The proposition that ‘accrued rights’ encompass benefits to be earned through future service—a central plank of the court’s reading of ‘section 9(2B) rights’ in the Contracting-out Regulations, SI 1996/1172, reg 42(2)—may appear unexpected; Lord Justice Nugee accepted there was a measure of paradox. In practice, trustees of occupational schemes that were previously contracted out on a salary-related basis will probably need to reassess any rule changes made between 6 April 1997 and 5 April 2016 (even where limited to future service rights) to confirm that actuarial sign-off was obtained and that section 37 was satisfied. Where such confirmation cannot be shown, those...
Zaidi v Dnata Ltd ( ET/3302697/2022) The Employment Tribunal found that Dnata Ltd discriminated against a Heathrow-based airport customer service agent and pressured her to resign by declining her request for permanent flexible working. Judge Emma Hawksworth determined that Dnata (which delivers a range of services to major airlines, including British Airways and Lufthansa) failed to accommodate the arrangement on an ongoing basis, thereby treating her unfavourably. Judge Hawksworth also concluded that the company wrongly subjected Zaidi to disciplinary proceedings for absences taken to care for her children. As the judge observed, ' The respondent's requirement for constant flexibility could be expected to have a significant discriminatory effect on female employees, taking the childcare disparity into account'.......
Takhar v Gracefield Developments Ltd [2024] EWHC 1714 ( Ch) What are the practical implications of this case? Although plainly an exceptional and rare matter, this decision is notable for its thorough treatment of what may follow when forgery features in litigation. It confirms that a judgment procured through the use of a falsified document can be set aside for fraud; moreover, the act of forging and deploying such a document in the proceedings can itself underpin a distinct claim in unlawful means conspiracy. In addition, findings of forgery made in the set aside application can create an issue estoppel, effectively binding the court and the defendants in any subsequent claim where the alleged unlawful means conspiracy is in issue. The court nevertheless sounded a warning. At any trial in the fresh proceedings, the onus remains on the claimant to establish the claim, and the...
On 18 July 2024, The Pensions Regulator ( TPR) placed the long-anticipated final draft defined benefit funding code of practice before Parliament, following holdups arising from the dissolution of Parliament on 30 May 2024 and the calling of the general election on 4 July. The revised DB funding code will apply to scheme valuations with effective dates on or after 22 September 2024, supplanting the current code, and has been framed to align with the Occupational Pension Schemes ( Funding and Investment Strategy and Amendment) Regulations 2024, SI 2024/462 (the Funding and Investment Strategy Regulations 2024), which took effect in April 2024. Sophia Singleton, President of the SPP, noted that the SPP welcomes the laying of the defined benefit funding code before Parliament at this time......
The evolution of the classification of digital assets as property As the cryptocurrency (crypto) sector has matured over the last decade, digital assets of every stripe have accrued significant economic worth and have, inevitably, become the focus of numerous disputes before national courts and arbitral tribunals across the common law world and beyond. Although a substantial volume of interim applications has appeared in jurisdictions such as England & Wales, Singapore, Australia and New Zealand, few – if any – contested proceedings have reached conclusion to date. The causes of that pattern are not entirely germane to this note, save to observe that a recurring feature in a high share of digital asset matters is fraud and/or hacking committed by unidentified and/or unreachable actors, which has, in turn, left cases yielding final determinations thinner on the ground than would be ideal in a highly...
Leeks v University College London Hospitals NHS Foundation Trust [2024] EAT 134 The Employment Appeal Tribunal held that the Employment Tribunal had thrown out Nkechi Leeks’s bias allegations, as a disappointed job applicant, against University College London Hospitals NHS Foundation Trust, without naming the witness the Trust had ‘lost’ and could no longer oblige to give evidence. Judge James Tayler stated that such shortcomings mean the striking-out of the claim because of the supposed ‘loss’ of a witness cannot be upheld on the present reasoning. In 2017, Leeks was offered roles by the Trust on a conditional basis, and later alleged disability bias after those offers were rescinded. Accordingly, that analysis could not stand......
Winfield v HMRC [2024] UKFTT 734 ( TC) The taxpayer acquired, in a purchase, a property comprising two self-contained accommodation areas. For ease, they were described as: ‘dwelling 1’. Vacant at the time, it featured a spacious bedroom, an open-plan lounge/dining space, a kitchen, a bathroom, and its external entrances; and ‘dwelling 2’. This housed the taxpayer’s family and included four bedrooms, two bathrooms, reception areas, and separate outside doors. The two units, once part of a single home, were divided by sound- and fire-resistant doors. Both relied on one oil-fired boiler providing hot water and central heating, though the radiators were controlled by independent thermostats. Although two electricity meters were installed, charges for electricity and oil were billed to the......
What is the background to this case? On 6 May 2022, via an ex parte, without-notice application, the NCA secured nine Account Freezing Orders ( AFOs) under sections 303Z1 and 303Z3 of the Proceeds of Crime Act 2002 ( POCA 2002), each lasting 12 months. Allegations were made that persons and entities connected to Petr Aven—described as a ‘prominent Russian businessman and pro- Kremlin Oligarch’—had effected suspicious payments and/or were retaining monies for his benefit around the time of his designation by the EU on 28 February 2022, and subsequently by the UK on 15 March 2022, following Russia’s invasion of Ukraine on 24 February 2022. Those persons and entities included Ingliston Management Ltd, a UK-registered ‘service company’ owned by Stephen Gater, which has been responsible for the running of Mr Aven’s three UK homes and for meeting the domestic and personal expenses of Mr Aven and his...
On 15 August 2024, the FCA apologised and, following the commissioner’s recommendation, proposed £1,250 to the firm. It will now review how it trains staff on issuing a voluntary requirement, known as a VREQ. The business’s name was kept confidential in this case. Where standards fall short, the FCA may ask a firm to agree a VREQ that, for instance, states it will pause taking on new customers until the problem is fixed. Such a VREQ is typically shown on the firm’s page in the FCA’s financial services register, which anyone can view freely. We accept, acknowledge and are sorry for the mistakes made in this matter by us......
Mergers The Commission approved: the purchase of joint control of the joint venture Etix Everywhere Holding by Infranity Equity Fund SCA SICAV- RAIF and Eurazeo Transition Infrastructure Fund ( M.11618) following a phase I review—see further, Midday Express the purchase of joint control of I- Tracing Sas by Eurazeo Global Investor SAS and by Oakley Sotogrande Luxco S.à rl ( M.11627) following a phase I review—see further, Midday Express NOTE— For every ongoing merger inquiry before the Commission, see further, EU mergers—ongoing cases tracker Upcoming dates For timetable of forthcoming UK competition matters, see further, UK Competition calendar......
Mergers Following a phase I review, the Commission approved Triton Fund 6 GP SARL’s acquisition of sole control over VWS Verbindingen & Netwerken BV ( M.11555)—see also, Midday Express. NOTE— For all live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker Antitrust The application has been published in Case T- 336/24, Uni Credit and Uni Credit Bank v Commission—an appeal challenging the Commission’s intention to release a non-confidential version of its 2021 decision imposing a fine in European Government bonds ( AT.40324)—application. NOTE— For all live antitrust appeals before the General Court, see further, General Court appeals—ongoing cases tracker Upcoming dates For dates of forthcoming UK competition developments, see further, UK Competition calendar......
Mergers The CMA has released the public version of its ruling to approve the expected acquisition by Eurofins Forensics Lux Holding Sarl of DNACO Limited after a phase 1 investigation—see further, decision NOTE— For every live merger before the CMA, see further, UK mergers—ongoing cases tracker Upcoming dates For timings of forthcoming UK competition developments, see further, UK Competition calendar......
Webuild SPA v WSP USA Inc, Case No. 23-73, 2024 U. S. App. LEXIS 17811, __ F.4th __ (2nd Cir. July 19, 2024) What are the practical implications of this case? This decision builds on the Supreme Court’s ruling in ZF Automotive by concluding that ICSID is not a body wielding any governmental authority. Webuild emphasised that ICSID is a standing institution created by the ICSID Convention; that the Convention prescribes how the Panel of Arbitrators is constituted and how Arbitral Tribunals are formed and operate; that states which have ratified the Convention (the Member States) make and amend ICSID rules that govern arbitrations; and that the Convention obliges ICSID to maintain an official Panel of Arbitrators comprising persons designated by those Member States, a roster from which ICSID will appoint arbitrators if parties who have opted for ICSID arbitration fail to choose their own. The...
Farley v Paymaster (1836) Ltd, trading as Equiniti [2024] EWCA Civ 781 What are the practical implications of this case? By recognising that a person can suffer distress from non-compliant processing without needing to prove that a third party accessed or read their personal data, this judgment expands the scope for individuals to seek compensation for infringements of their data protection rights arising from a data breach involving their information. Claimants pursuing compensation for data breaches must be able to establish financial loss or distress resulting from the breach (section 13 of the Data Protection Act 2018 and Article 82 of Assimilated Regulation ( EU) 2016/679, the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 (the UK GDPR)). The Court of Appeal confirmed that distress may stem from processing that contravenes UK data protection law, irrespective of whether the personal data was...
Costantine v The Royal Embassy of Saudi Arabia ( Cultural Bureau) ( ET/2201753/2018) Employment Judge Nasreen Akhtar found the Cultural Bureau of the Royal Embassy of Saudi Arabia subjected Antoinette Costantine to a degrading and intimidating work environment for years because of her Catholic faith, and ultimately dismissed her. Although the tribunal determined that state immunity does not arise here, the embassy has declined to accept jurisdiction of the UK courts. The Employment Appeal Tribunal refused the embassy’s challenge to the tribunal’s conclusion that it cannot rely on state immunity, and in March 2024 the Court of Appeal threw out a further appeal after the embassy failed to appoint replacement lawyers to attend the appeal, following the withdrawal of its previous representatives. On 1 July 2024 the embassy was granted permission to pursue an appeal to the Supreme Court......
Jaffe v Tingdene Marinas Ltd [2024] EWCA Civ 751 What are the practical implications of this case? This decision underlines that, when defining the reach and limits of a planning permission, the language employed must be given its natural and ordinary meaning, read in its precise legal and factual setting and tempered by common sense and context. Thus, although the everyday sense of ‘houseboat’ points to craft moored on a river or canal, the Court of Appeal concluded that a reasonable person visiting the location on the ground would regard the permission as allowing floating caravans to be stationed on the land for the purposes of human habitation. In addition, the ruling confirms that a certificate of lawful use takes effect as though it were a grant of planning permission and will displace the terms of any earlier, inconsistent permission, thereby amounting here to a lawful...
UK insurance M& A on track for 150 deals in 2024 Marsh Berry reports that 85 merger and acquisition deals completed in the sector in the year to 31 July 2024, down from 93 over the same window in 2023. In 2023, overall activity involving UK insurance brokers and managing general agents totalled 151 transactions, a record, driven by heightened interest from investors in America, leaving UK insurance M& A on pace for 150 deals in 2024......
In a blog dated 14 August 2024, the TUC argued that closing the gender pension gap requires the government to broaden auto-enrolment into workplace pensions and repair the social care system. Research from trade union Prospect shows the pension gap between women and men narrowed from 40.7% in 2015–16 to roughly 37.9% in 2019–20. The same study put the gender pay gap at 15.5% in that year. Jack Jones, the TUC’s pension policy officer, noted the union has previously called for reforms to bring more low-paid and part-time workers into workplace pensions by expanding auto-enrolment, and for action to tackle the crisis in social and childcare systems. The TUC also highlights that women are more likely than men to step out of the labour market for family reasons and to work part-time due to caring...
What are the practical implications of this case? Article 14, paragraph no 1 of the Brazilian Arbitration Act stipulates that individuals appointed as arbitrators must reveal any circumstances apt to raise justifiable doubts about their neutrality and independence. Despite this rule, until recently Brazilian judicial case law left uncertain (i) the repercussions of an arbitrator’s breach of the disclosure obligation and (ii) how that sat alongside a party’s continuing duty to investigate during the arbitration. On one side, in matters such as Munich Re v Safra ( Appeal No 1055194-66.2017.8.26.0100, 6 August 2021) and Fazon ( Appeal No 1056400-47.2019.8.26.0100, 11 August 2020), the São Paulo Court of Appeals determined that an arbitrator’s non-disclosure suffices to annul an arbitral award, irrespective of the character of the undisclosed point. Conversely, in Raphael Brandão and another v Esho ( Appeal No...
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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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