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...
In this issue Practice and procedure Relationship breakdown International children Private children Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q& As Useful information Practice and procedure HMCTS updates guidance for appeals to the Court of Appeal, Civil Division. HM Courts and Tribunals Service has revised the route for appealing county court, High Court or tribunal decisions in the Civil Division of the Court of Appeal. The revision removes the former requirement to file three copies of the appellant’s notice and grounds of appeal with the Court of Appeal. See: LNB News 17/06/2024 28. Relationship breakdown Victim status for human rights claim not established ( AP v JP and another). In AP v JP [2024] EWHC 1197 ( Fam), the background was that AP (now 68) and JP (now 72)...
In this issue: Arbitration in England and Wales International arbitration Investment treaty arbitration Other arbitration and ADR-related news and developments Lex Talk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts Arbitration in England and Wales LCAM— HSF—costs in mediation and arbitration survey The London Chamber of Arbitration and Mediation ( LCAM) and Herbert Smith Freehills ( HSF) have rolled out a survey examining the costs of mediation and arbitration. It welcomes input from arbitration and mediation users, mediators, in-house counsel and external counsel, inviting feedback on their experiences with cost-related matters. The survey closes on 31 July 2024. See: LNB News 18/06/2024 26. International arbitration Switzerland—setting aside—public policy | Bolivarian Republic of Venezuela v B In Switzerland, arbitral awards can be set aside where they conflict with public policy. However, a setting aside bid is not an ordinary appeal, which narrows the Swiss...
On the first day of a four-day sitting, the Court of Appeal took submissions from insurer representatives, in proceedings that gather a bundle of six claims heard together as a single test case, involving 13 insurers and 14 commercial policyholders. The outcome is expected to impact thousands of other firms not directly involved in the proceedings. At issue is whether policy wordings that insure against closure caused by a disease event at the premises were engaged by the UK-wide lockdowns introduced from March 2020 to curb coronavirus and control its spread. Gavin Kealey KC of 7KBW, appearing for five insurers, contended in his submission that infections occurring elsewhere in the UK do not amount to a 'proximate cause' of an individual business’s closure. ' These clauses describe situations where the premises are closed specifically by virtue of an occurrence having taken place there', he...
In this issue: Air emissions and climate change Contamination and pollution Energy for environmental lawyers ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change UK ETS Authority extends waste consultation deadline The UK Emissions Trading Scheme ( ETS) Authority has deferred, by two weeks, the consultation on the proposed expansion of the ETS so that it encompasses energy from waste and waste incineration facilities, in order to enable additional engagement with stakeholders following the election. The consultation will now close on 2 August 2024. See: LNB News 14/06/2024 15... The Scottish government publishes progress report on its clearer air strategy The Scottish government has published a progress report on delivering actions to reduce air...
FINMA on HSBC Private Bank ( Suisse) SA The Swiss Financial Markets Supervisory Authority ( FINMA) reported that HSBC Private Bank ( Suisse) SA maintained risky business relationships with two politically exposed persons, meaning publicly prominent figures. According to the regulator, the bank did not carry out proper checks on the assets involved — the due diligence process — nor did it adequately record transactions. In its review, FINMA stated the bank failed to recognise signs of money laundering evident in these dealings. It also did not meet the requirements for starting and maintaining customer relationships with politically exposed persons, constituting a serious breach of its due diligence duties. HSBC Private Bank ( Suisse) SA, operating in Zurich and Geneva, is owned by UK-based HSBC Bank Plc, a wholly owned subsidiary of HSBC Holdings Plc. FINMA has consequently prohibited the bank from entering into new...
In this issue Companies and corporation tax Employment taxes VAT International Anti-avoidance Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Companies and corporation tax Court of Appeal confirms a broad scope for the loan relationships unallowable purpose test ( JTI Acquisition v HMRC) As covered in last week’s Tax weekly highlights, in JTI Acquisition Company (2011) Ltd [2024] EWCA Civ 652, the Court of Appeal ( Co A) dismissed outright the taxpayer’s challenge to the disallowance, for corporation tax purposes, of debits for interest payable on the loan notes. The Co A concurred with the First-tier Tax Tribunal ( FTT) and the Upper Tribunal ( UT) that the company entered into the loan notes with an unallowable tax avoidance purpose under the loan...
In this issue: Practice Compliance forecast Financial Sanctions AML, CTF & counter-proliferation financing Other financial crime Data protection Other Practice Compliance updates this week Question of the week Daily and weekly news alerts Trackers New and updated content Practice Compliance forecast New Practice Compliance forecast as at 18 June 2024 Our refreshed Practice Compliance forecast (as at 18 June 2024) is now available. This edition highlights: (1) the forthcoming FATF evaluation of the UK’s response to money laundering, terrorist financing and proliferation financing; (2) proposed reform of the AML supervisory framework; (3) an SRA consultation on its draft business plan and budget for 2024–2025; and (4) the enactment of the Digital Markets, Competition and Consumers Act 2024. See News Analysis: New Practice Compliance forecast as at 18 June...
Risk & Compliance weekly highlights—20 June 2024 In this issue: Risk & Compliance forecast Data protection Financial sanctions AML, CTF & counter-proliferation financing Other financial crime Question of the week Daily and weekly news alerts Trackers New and updated content Risk & Compliance forecast New Risk & Compliance forecast as at 18 June 2024 Our latest Risk & Compliance forecast, dated 18 June 2024, is now live and available. In this month’s update, we cover: (1) the forthcoming FATF review of the UK’s efforts to combat money laundering, terrorist funding and proliferation financing; (2) changes to the AML supervisory framework; (3) a fresh SRA consultation, including proposals to increase compensation fund contributions; and (4) the Council of the EU’s formal adoption of the Corporate Sustainability Due Diligence Directive ( CSDDD). See News Analysis: New Risk & Compliance forecast as at 18 June 2024......
Insurance & Reinsurance weekly highlights—20 June 2024 In this issue: Coronavirus ( COVID-19) Ukraine conflict Cases and decisions Solvency II New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Coronavirus ( COVID-19) Insurers lodged an appeal on Tuesday seeking to overturn a pivotal test case judgment that would extend cover for COVID-19 lockdown losses to thousands of businesses with policies containing ‘at-the-premises’ business interruption wording. See News Analysis: Insurers appeal coronavirus ( COVID-19) Ex Ce L business interruption insurance test case ruling. For more on the seminal ‘at-the-premises’ test case, see News Analysis: Court rules in favour of policyholders in ‘ At the Premises’ test case. For guidance on coronavirus ( COVID-19) business interruption claims not resolved by the Divisional Court or Supreme Court in the...
In this issue: Tax treatment Corporate Governance Useful information Weekly highlights from other practice areas Tax treatment Reminder— Annual share schemes returns filing deadline is 6 July 2024 If a company runs any tax-advantaged or non-tax-advantaged employee share scheme through which UK participants receive shares or share-based awards, an online annual return must be filed with HMRC for that scheme. The deadline to submit annual share scheme returns for the 2023–24 tax year is 6 July 2024, and the scheme must already be registered with HMRC before a return can be lodged. HMRC has published templates, guidance and technical notes setting out the information that must be included in the annual return. As each scheme type has its own template, care should be taken to use the correct version. Even where a registered scheme has no reportable events in the relevant tax year, a nil...
In this issue: Brexit headlines Post- Brexit transition guidance State accountability and liability Judicial review Equality and human rights Information law Subsidy control and State aid Public sector contracts Other Public Law updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Weekly round-up of EU- UK TCA Specialised Committees’ publications—12 June 2024. This summary highlights items issued by the Specialised Committees created under the EU- UK Trade and Cooperation Agreement for 5–11 June 2024. See: LNB News 13/06/2024 32. Post- Brexit transition guidance Weekly round-up of HMRC import, export and customs guidance—18 June 2024. A digest of changes to HMRC import, export and customs materials from 10 June 2024 to 18 June 2024. See: LNB News 18/06/2024 8. State...
Restructuring & Insolvency weekly highlights—20 June 2024 In this issue: Key R& I law developments Corporate insolvency processes Personal insolvency Document review Insolvency litigation Restructuring Daily and weekly news alerts Key dates for R& I professionals New content Key R& I law developments Insolvency Service publishes monthly insolvency statistics for May 2024 The Insolvency Service has released its May 2024 monthly figures covering corporate and individual insolvency. Registrations show 2,006 company insolvencies, 21% fewer than May 2023, yet above levels recorded during the coronavirus ( COVID-19) pandemic and the 2014–2019 period. For individuals, total insolvencies in May 2024 reached 9,266, a 3% increase on May 2023. See: LNB News 18/06/2024 32. Corporate insolvency processes Paid-up secured creditors and consent to extensions ( Re Toogood International Transport and Agricultural Services Ltd) The court was asked to decide whether secured creditors, repaid in full after the company entered administration, could be ignored when an administrator seeks creditor approval to prolong their term of...
In this issue: The General Election Transfers Public sector pensions Daily and weekly news alerts New content Dates for your diary Trackers The General Election A strong alignment has formed around pensions policy ahead of the UK general election. With the three principal parties launching manifestos that show more overlap than friction, the pensions landscape looks set for a spell of relative calm. Rather than veering from the direction of Conservative reforms, Labour stated on 13 June 2024 that, if victorious on 4 July 2024, it will continue the current productive finance reforms. This development offers reassurance to a sector unsettled by a snap election and fatigued by frequent upheaval; the industry, which has found rapid shifts hard to absorb, appears relieved. David Brooks, Broadstone’s head of policy, noted that, as Conservative plans are also short on fresh proposals, the industry can ready itself for much-needed continuity over the next five years. The...
In this issue: UK, EU and international regulators and bodies Prudential requirements Financial crime and sanctions Investigations, enforcement and discipline Dispute resolution for financial services lawyers Regulation of derivatives Sustainable finance and ESG Banks and mutuals Regulation of insurance Fintech and cryptoassets Regulation of AI in FS Amendments to EEA Agreement Annex IX ( Financial Services) Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary UK, EU and international regulators and bodies Council of the EU agrees position on simplifying financial reporting requirements The Council of the European Union has settled on a position on a proposal to streamline specific reporting duties across financial services and investment support. The initiative refreshes existing provisions on information sharing between the European Supervisory Authorities ( ESAs) and other supervisors in the financial sector, with the objective of easing the administrative load for sectoral authorities. See: LNB News 19/06/2024 54. UK, EU and...
What does the EU AI Act say about this? Under the EU AI Act: A Provider is a person or body that creates (or has created on its behalf) an AI system or general purpose AI ( GPAI) model and is the first to place it on the EU market; or, for an AI system, directly supplies it under its own name or trade mark for initial use to a Deployer within the EU. A Deployer is a person or body that uses an AI system under its authority in the EU, except where the system is used for personal, non‑professional activity. In broad terms, you can view a Provider as the developer of an AI system, and a Deployer as a professional user of that system. A person or body is caught by the EU AI Act regardless of where they are...
State aid General Court dismisses appeal regarding Commission’s decision finding Madeira Fee Zone tax scheme constituted unlawful State aid The General Court has handed down its ruling in Case T- 671/22, Vima World v Commission ( Zone franche de Madère), brought against the Commission’s approval of a Portuguese measure designed to support regional development in Madeira: the Maderia Free Zone scheme ( ZFM) ( SA.21259) (the Commission’s 2007 decision). The General Court dismissed the action, thereby confirming the Commission’s position. As context, the Commission authorised the ZFM scheme in June 2007......
R (on the application of Wellingborough Walks Action Group Ltd) v North Northamptonshire Council [2024] EWHC 1225 ( Admin) What are the practical implications of this case? This ruling is of direct importance to local planning authorities ( LPAs) and to developers advancing or assessing proposals that entail removing trees protected by TPOs. It clearly underscores the responsibility of LPAs to secure the protection of safeguarded trees, and stresses that the statutory exceptions to felling under the Town and Country Planning ( Tree Preservation) ( England) Regulations 2012 (the Regulations) must be approached with care and not deployed as a blanket position without examining in detail the particular circumstances on the facts. As to the discrete, expressly framed exception in Regulation 14(a)(vii), which provides that consent is unnecessary where felling is ‘necessary to implement a planning permission’, the court reviewed Barney‑ Smith v...
Pevensey Coastal Defence Ltd v Environment Agency [2024] EWHC 1435 ( TCC)) What are the practical implications of this case? This dispute is highly fact‑sensitive, largely focused on construing terms in a particular PFI contract. Nonetheless, some issues of broader interest arise from the circumstances prompting the claim and the treatment of clauses addressing adverse weather — here, the escalation in storm activity along the Sussex coast — within a PFI arrangement that began in 2000 and ends in 2025. Parties might scrutinise the Change Control Schedule wording in the judgment and decide whether to seek the same outcome recognised here (namely, that costs could be recoverable where there has been a material rise in storm incidents/adverse weather). In essence, the issue was whether the Change Control Schedule allowed recovery of extra costs from a material uptick in storm events. Similar PFI parties should review that...
Our Practice Compliance forecast as at 18 June 2024 As at 18 June 2024, the forecast monitors proposed regulatory developments relevant to law firm compliance, enabling you to plan ahead for any changes that could affect your organisation. You should review it carefully, but headline points that ought to be on your radar are outlined below. New items we’re tracking this month FATF assessment of the UK— FATF will shortly commence its fifth cycle assessing global efforts to combat money laundering, terrorist financing and proliferation financing. In this context, the UK will undergo a detailed peer review, leading to a new Mutual Evaluation Report to be published in 2028. See: AML, CTF and counter-proliferation financing SRA consultation on its draft business plan and budget—the SRA has opened a consultation on its draft business plan and budget for 2024–2025. The SRA has...
Court of Justice rules that toll manufacturer is not a fixed establishment for VAT purposes ( SC Adient Ltd & Co KG v Agentia Natională de Administrare Fiscală and Agentia Natională de Administrare Fiscală) SC Adient Ltd & Co KG v Agenția Națională de Administrare Fiscală , Case C-533/22 The dispute related to toll manufacturing within a corporate group comprising a German company ( Adient DE) and a Romanian company ( Adient RO), operating in the production and sale of seats and other motor vehicle components. Adient RO provided manufacturing services, along with ancillary functions such as administering and storing raw materials and finished goods, to Adient DE. Ownership of the inputs and components always remained with Adient DE throughout the process... Adient RO treated these supplies as falling outside Romanian VAT by applying the general B2B place of supply rule in Article 44 of the VAT...
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 ]...