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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...

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IRELAND - COMMERCIAL

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

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INTERNATIONAL TRADE

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...

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IP

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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Reclaiming Motion by Tilbury Douglas Construction v Arup ( Scotland) Ltd [2024] CSIH 15 What are the practical implications of this case? This decision showcases a striking turnaround on appeal following a substantial defeat at first instance, illustrating how an adverse result below can be reversed. The Inner House of the Court of Session rejected the lower court’s analysis that the action had been brought in time, holding that approach to limitation could not be sustained. The case is directly relevant to parties issuing proceedings against an engineer, adviser or designing contractor because it engages the Prescription and Limitation ( Scotland) Act (‘the Act’) and clarifies the procedure the court ought to adopt for receiving and testing evidence when that Act is in play. It is equally pertinent for those involved with novated professionals who are alleged to have erred, shedding light on the way mutual...

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Key features H( CR)( S) A 2024 sits at the heart of the Scottish Government’s reply to concerns about external wall cladding raised after the Grenfell Tower tragedy in June 2017. Its purpose is to quicken the appraisal and repair of buildings with potentially unsafe cladding, while bringing developers into that work. To that end, H( CR)( S) A 2024 puts in place three linked measures, one of which is Single Building Assessments. Single Building Assessments Single Building Assessments ( SBAs) form a central pillar of H( CR)( S) A 2024, intended to compile a register of Scottish buildings that may have cladding risks. SBAs are confined to residential properties that feature an external cladding system; there is no power to roll them out to non‑residential premises. The Scottish Government may vary the other qualifying tests: the building is flatted; it exceeds 11m in...

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Practice Note: Litigation funding agreements—priorities agreements For summaries, consult the Practice Note on litigation funding agreements—priorities agreements......

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International Distribution Services plc said that it will launch the Royal Mail Collective Pension Plan on 7 October 2024. So-called CDC arrangements, which share risk, remain fairly novel in the UK at present, yet are very widely used overseas. Contributions within these pensions flow into a broad common fund, instead of building a personal savings pot for each member. The Pensions Regulator approved the Royal Mail Collective Pension Plan in April 2023, granting formal authorisation. However, the Royal Mail launch has faced delays up to now......

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On 3 July 2024, Lane Clark & Peacock LLP ( LCP) reported that 162 of 226 bulk annuity transactions in 2023 were classified as lower-value deals. LCP said this eased anxieties that intensifying demand is edging out the market’s smaller end. The consultancy also highlighted a rise in micro-deals under £10m during 2023, with 58 completed, compared with 37 in the preceding year, as LCP also noted then......

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What are the key priorities of the Hungarian Presidency? The core priorities under the Hungarian Presidency include: a new European Competitiveness Deal strengthening European defence policy a coherent and merit-based enlargement policy curbing illegal migration shaping the future of cohesion policy a farmer-focused EU agricultural policy tackling demographic challenges What are the priorities of the Presidency regarding Commercial? On the overhaul of the Late Payment Directive, the Hungarian Presidency seeks agreement on a general approach to the proposed amendment and to commence trilogue talks with the European Parliament. Driven by ongoing digitalisation, the Alternative Dispute Resolution Directive is being updated, and the Presidency intends to advance this file. It will also continue work on the proposed Toy Safety Regulation... What are the priorities of the Presidency regarding Dispute Resolution? In e- Justice cooperation, the Presidency will examine how AI can be...

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Labour’s manifesto, titled ‘ Change’, was released ahead of the General Election. It outlines a programme the party pledged to deliver on entering office, which has now occurred. Additional specifics may emerge in the King’s Speech set for 17 July 2024. Governance Devolution of power The new administration states it will shift authority away from Westminster by strengthening devolution deals for existing Combined Authorities in England. It will extend devolution to further places, urging councils to collaborate and assume fresh responsibilities, such as over transport, adult education and skills, housing and planning, and employment support. A new legal duty will require Local Growth Plans spanning towns and cities nationwide. Labour will examine governance models for Combined Authorities to clear blockages in decisions, and offer greater flexibility via integrated settlements for Mayoral Combined Authorities that demonstrate ‘exemplary management of public money’, while bringing together powers on...

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Market investigations CMA issues statement regarding its inquiry into the veterinary sector. The authority has released an issues statement that defines the remit of its market investigation into the provision of veterinary services for domestic pets in the UK, and addresses the supply of prescribed veterinary medicines for those pets. The CMA’s reference launching the market investigation was made on 23 May 2024......

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The Commissioners for HM Revenue and Customs v Sehgal and Mehan [2024] UKUT 00074 ( TCC)) What are the practical implications of this case? The headline issue here is the method for construing ITA 2007, s 809L. The Upper Tribunal acknowledged that the section was brought in to plug gaps, defects and oddities in the earlier remittance basis regime. Yet it declined HMRC’s argument that this character made it an anti-avoidance measure warranting a more expansive reading than usual. Instead, s 809L falls to be read like any other statutory text: purposively, to decide whether, taking a realistic view, Parliament meant it to catch the transactions in point. On that footing, the pivotal expression, ‘service’, must bear its ordinary sense, informed by its contextual setting. It should not be stretched beyond its natural scope or given a contrived gloss. Had Parliament wanted a broader...

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The directive marks the culmination of a complex process. First, the EU needed to add the breach of EU sanctions rules to the catalogue of EU crimes. This occurred on 22 November 2022 via Decision 2022/2332, the first expansion of the list since the 2007 Treaty of Lisbon. Soon after that decision, the European Commission tabled a draft directive to foster a common, effective sanctions enforcement approach across member states. The directive has now entered into force, and member states have 12 months to transpose it into national law. In this article, we sketch the main contours of the new directive, including fresh offences, potential liability for infringements and a clearer route for voluntary self-disclosures. Key aspects Scope The directive applies to breaches of ‘restrictive measures’ adopted under Article 29 of the Treaty on the European Union or Article 215 of the Treaty on the...

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NEWS

The RHI scheme The RHI initiative provided subsidies for burning woodchip to heat workplaces and for industrial operations. As programme costs increased in Northern Ireland, support was sharply reduced in April 2017. Following this, the Department and Ofgem, which administered the scheme, scrutinised heat usage at accredited sites. A key obligation on participants was that ‘they must not generate heat for the predominant purpose of increasing their periodic support payments’ ( Renewable Heat Incentive Scheme Regulations ( Northern Ireland) 2012, reg 33(p)). In 2021, Ofgem revoked the accreditation of two Dennison Commercials boilers, relying on a substantial and unexplained drop in usage after the subsidy cuts. It also sought repayment of alleged excessive payments. Dennison Commercials applied for a review by the Department’s panel under the regulations, but this was refused. The company then brought judicial review proceedings ( Application by Dennison...

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The Secretary of State for Business and Trade v Goring and another [2024] EWHC 1024 ( Ch) What are the practical implications of this case? Although the first question decided in this judgment—whether a guarantee existed—was strictly a matter of evidence, the second limb, from paragraph 148, looks more broadly at what amounts to ‘adequate checks’ where company directors have taken professional advice. That part offers a clear example of the significance attached to a director’s dependence on expert input. It signals the court’s approach to directors who engage and heed professional advisers. Put shortly, if a director lacks expertise in the field and proceeds in line with professional guidance, their conduct will very likely be regarded as reasonable and sufficient, even if, with hindsight, additional steps might have been taken. What was the background? Active Ticking Ltd (the ‘ Company’) was formed to acquire, develop and...

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M/s Arif Azim Co Ltd v M/s Aptech Ltd [ Arbitration Petition No. 29 of 2023] What are the practical implications of this case? This ruling delivers several important, real-world consequences for arbitration practice: The SC confirmed that the Limitation Act, 1963 applies across arbitral matters, including requests to appoint arbitrators under Section 11(6) of the A& C Act. It further noted the need for a legislative amendment to fix a bespoke limitation period for Section 11(6) applications, observing that the currently applicable three-year period—arising from a gap in the A& C Act—is unduly long and undermines the Act’s objective of resolving commercial disputes promptly and within strict timelines The SC also highlighted the clear separation between the time limit for submitting a Section 11(6) application under the A& C Act and the limitation period for commencing arbitration itself (i.e. serving a notice...

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NEWS

Make work pay The party has already moderated several promises and signalled it will seek views from the public and employers before introducing fresh laws. Yet, by folding the whole 26-point plan to 'make work pay' into its manifesto, the new government expects its bills to clear the House of Lords without obstruction. David Hopper, a partner at Lewis Silkin LLP, noted that employers are already preparing for what lies ahead. He argued that, since the reforms largely carry no direct cost to the government, legislating to expand employment rights could provide quick, straightforward wins. Delivering the entire package over the next five years, he added, would amount to a radical shift in employment rights. Labour's programme includes: ' Day one' rights to sick and parental leave Stricter redundancy rules Greater flexibility entitlements for workers New reporting...

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NEWS

Hermer to become chief legal adviser to Starmer’s government Currently serving as Matrix’s Head of Chambers, Hermer will succeed Victoria Prentis as the government’s chief legal adviser under Starmer. He offers 31 years at the Bar, specialising in human rights, public law and environmental law, with work spanning at home and abroad. As he is not an MP, he will be ennobled and take a seat in the House of Lords. Matrix Chambers marked the appointment with a congratulatory post on X, formerly Twitter. The chambers did not promptly respond to a late request for further comment on 5 July 2024. News of his selection prompted swift endorsements from fellow barristers as the announcement emerged. On X, Gerard Mc Dermott KC, who focuses on personal injury and employment matters, wrote that Hermer 'is the KC I admire the most' and said the decision 'shows a huge...

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Mergers The Commission approved Drosed Holding SA’s takeover of sole control of Indykpol SA ( M.11407) following a phase I review—see further, Midday Express. The Commission was notified of Künhe Holding/ Aenova ( M.11571) under the simplified merger procedure. The Commission released the public version of its decision in Generali/ Libery Seguros ( M.11234)—see further, decision. Note— For all live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker. State aid The Court of Justice held a hearing in Case C‑453/23, Prezydent Miasta Mielca......

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Private actions Court of Appeal issues judgment relating to preliminary issues and exemplarity in damages claim in Merricks v Mastercard On 5 July 2024, the Court of Appeal handed down its judgment in Walter Hugh Merricks CBE v Mastercard Incorporated and Others, an appeal from the CAT’s judgment of 21 March 2023 addressing preliminary questions concerning limitation and exemptibility in the collective proceedings begun by Mr Walter Hugh Merricks CBE to pursue damages from Mastercard. The case is grounded in the European Commission’s 2007 decision (the Commission’s 2007 decision), which concluded that Mastercard’s EEA multilateral interchange fees ( MIFs) breached Article 101 TFEU. That 2007 decision of the Commission was later upheld by the Court of Justice, on Mastercard’s appeal, on 11 September 2014, and forms the basis for the claim advanced in these proceedings......

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NEWS

High Court Judge Richard Meade dismissed the application by Pfizer Inc and Bio NTech SE to get both of Moderna TX Inc's patents chucked The bid by the two pharmaceutical groups to invalidate both Moderna TX patents was thrown out, and they did not persuade the court that one patent would have been obvious to a skilled practitioner. That patent relates to broad m RNA alterations designed to trigger an immune response. In his 153-page judgment, Meade said a skilled person would be reduced to blind trial-and-error, without any sense of what might succeed or why, to replicate Moderna’s framework. Pfizer and Bio NTech accepted that, if Moderna’s rights were upheld, their own vaccine work would have trespassed on those protections. However, they did succeed in knocking out one narrower m RNA patent, showing the claimed invention was obvious in light of an earlier patent...

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Clayson and Others v Ministry of Justice and Another [2024] EAT 99 What are the practical implications of this case? This judgment underscores the difficulties that can emerge when evaluating complaints of less favourable treatment where the structure of pension provision has altered markedly over time. In short, the claimants argued that, upon the introduction of JUPRA from 1 April 1995, they should have enjoyed the same transitional protection as circuit judges already appointed before that date. The Employment Tribunal, however, found as a matter of fact that, for JUPRA’s purposes, the offices of recorder and circuit judge were distinct, and that if a pension scheme had then existed for fee‑paid (ie, part‑time) judges, including recorders, it would have been different from the JPA scheme. Such a scheme was later applied retrospectively for the claimants while they served as recorders, with benefits on terms...

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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

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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...

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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 ...

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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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