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...
See Practice Notes: Part 26A restructuring plan deal debrief— Pizza Express Financing 2 PLC Part 26A restructuring plan deal debrief— Virgin Atlantic Airways Limited Part 26A restructuring plan deal debrief— Virgin Active Part 26A restructuring plan deal debrief— Smile Telecoms Holdings Limited (first plan) Part 26A restructuring plan deal debrief— National Car Parks Limited Part 26A restructuring plan deal debrief— Hurricane Energy PLC Part 26A restructuring plan deal debrief—gategroup Guarantee Limited Part 26A restructuring plan deal debrief— Deep Ocean Part 26A restructuring plan deal debrief— Amicus Finance PLC (in administration) Part 26A restructuring plan deal debrief— Smile Telecoms Holdings Limited (second plan) Part 26A restructuring plan deal debrief— Houst Ltd Part 26A restructuring plan deal debrief— Hong Kong Airlines Ltd Part 26A restructuring plan deal debrief— ED& F Man...
HMRC v Basic Broadcasting Ltd [2024] UKUT 165 ( TCC) The UT concluded the FTT had fallen into an error of law when analysing the notional contract of the relevant worker with the client, taking account of Court of Appeal guidance in HMRC v Atholl House Productions Ltd [2022] EWCA Civ 501. From 6 April 2012 until 5 April 2017, television and radio host Adrian Chiles delivered his services to ITV and the BBC via his personal service company, Basic Broadcasting Ltd. HMRC took the view that the intermediaries legislation (widely known as IR35) was in point, and issued determinations against the personal service company for income tax of £1,249,433 and National Insurance contributions totalling £460,739. The proceedings have experienced significant delay. The first FTT hearing, timetabled for November 2019, was called off due to illness. The FTT’s decision, released in February 2022 in favour of the...
Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd; Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2024] EWCA Civ 477 What are the practical implications of this case? The Court of Appeal in Drax appears to have taken a commercially minded, substance‑over‑form stance when construing notification clauses. On one view, that marks a move away from the robust (and arguably overly stringent) approach seen in recent authorities, including the High Court’s decision in Drax and the Court of Appeal’s judgment in Decision Inc Holdings Proprietary Ltd v Garbett [2023] EWCA Civ 1284 ( Garbett). In Garbett, Newey LJ held that a similarly worded clause required the claimant to give an estimated amount for each individual breach, rather than a single global figure for the entire claim. Garbett can read as somewhat severe, and how far its reasoning coheres in...
At a glance The EU GIA outlines measures to accelerate the deployment of high-speed fibre‑optic internet and 5G—known as very high‑capacity networks ( VHCNs)—by 2030: Shared infrastructure: promoting the joint use of ducts and poles for VHCN roll‑out to maximise resources and lower costs Co‑deployment and coordination of civil works: enabling VHCN operators to work alongside public works so fibre can be installed concurrently, minimising disruption and speeding up broadband expansion Streamlined administrative procedures: simplifying processes for network deployment across the EU to cut bureaucracy and raise efficiency High‑speed‑ready buildings: encouraging buildings to include high‑speed‑ready infrastructure and ensuring access to it to support broadband roll‑out and adoption As Margrethe Vestager, Executive Vice‑ President for a Europe Fit for the Digital Age, observes, removing red tape and ensuring swift, dependable connectivity is vital for the digital transition, serving both citizens and...
New Risk & Compliance forecast as at 18 June 2024 Our Risk and Compliance forecast as at 18 June 2024 charts anticipated regulatory shifts relevant to risk and compliance, enabling you to prepare for developments that could affect your organisation. Please read it closely, though key points to keep in view are summarised below. New items we’re tracking this month FATF assessment of the UK — FATF is set to launch its fifth round reviewing global action on money laundering, terrorist financing and proliferation financing. The UK will face an in-depth peer evaluation, leading to a new Mutual Evaluation Report due for release 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 2024–2025 draft business plan and budget. It has indicated that responses will shape practising fees for...
See Q& A: Mother and son own a buy to let property 50:50 The rents are split in line with ownership. The mother plans to transfer 25% of her holding to her son, keeping the remaining 25% herself. After the gift, she still intends to receive 50% of the rental income. Although this might look like a gift with reservation of benefit ( GROB), it is thought that the carve-out in section 102B(3) of the Finance Act 1986 applies because: she parts with only a fractional share rather than her entire interest; and she does not live in or otherwise occupy the property. Is that analysis correct......
Mergers The CMA has opened its phase 1 investigation and released an invitation to submit comments regarding the proposed acquisition of Juniper Networks, Inc. by Hewlett Packard Enterprise Company—see the case page for further details. Note— For every live merger before the CMA, see the UK mergers—ongoing cases tracker. Upcoming dates For forthcoming UK competition developments, see the UK Competition calendar......
Nature Restoration Law Austria’s vote on 17 June 2024 to endorse the EU’s contentious Nature Restoration Law has set off a legal clash at the summit of the national government, prompting doubts about whether the act can be validly adopted. The measure secured its concluding approval in the Council of the EU this morning after Austria’s climate action minister, Green politician Leonore Gewessler, cast a ‘yes’ on the country’s behalf, nudging the long‑blocked bill over the qualified‑majority bar. Yet a letter from Chancellor Karl Nehammer and Karoline Edtstadler, Minister for the EU and Constitution—both centre‑right—argues she lacked the mandate to do so. Their pre‑emptive message was sent yesterday to Belgium’s prime minister, who is currently steering the EU governments’ legislative agenda as the holder of the Council’s rotating presidency. Citing council procedures, the letter maintains that Austria had already signalled an...
The Tropical Zoo Ltd v The Mayor and Burgesses of Hounslow London Borough Council [2024] EWHC 1240 ( Ch) What are the practical implications of this case? The court upheld a covenant rarely encountered in commercial leases, requiring a tenant to “remedy any breach of a Tenant Covenant Notified by the Landlord to the Tenant as soon as possible and in any event within two months after service of the Notice”. This covenant (9.1) appears to have been included because of the customised nature of the arrangement—i.e. a local authority granting a lease, probably at a discount, to support the operation of a zoo within its area. The clause grants landlords a renewed opportunity to act, enabling forfeiture for a breach even where the right to forfeit for that same breach has already been waived. The High Court’s confirmation that this drafting works as...
Bolivarian Republic of Venezuela v B (4A_486/2023), Swiss Supreme Court What are the practical implications of this case? This ruling reinforces settled jurisprudence. Swiss arbitral awards are only exceptionally set aside for conflict with public policy ( Article 190(2)(e) Swiss Private International Law Act), for the reasons below. When faced with challenges based on alleged incompatibility with public policy, the Swiss Supreme Court confines its review to the operative result of the award and does not revisit the arbitral tribunal’s reasoning. The Court’s scrutiny is also narrowly circumscribed by procedure: every ground for setting aside must be demonstrated by reference to the text of the award itself; the arbitral case file is not taken into account. Accordingly, attempts to overturn awards on public policy grounds will rarely succeed under Swiss law, given the Court’s outcome-focused approach and its strict evidential limits......
Mergers The Commission received a notification concerning LGP/ Francisco Partners/ Redsail ( M.11619), assessed under the simplified merger review procedure. Note— For all live merger probes before the Commission, see the EU mergers—ongoing cases tracker. Antitrust The Commission conducted unannounced inspections at the premises of a consultancy firm in two Member States — see further, press release. Note— For all live behavioural investigations before the Commission, consult the EU behavioural investigations—ongoing cases tracker. State aid The Commission opened a consultation on draft rules for land and multimodal transport: the Guidelines on State aid for railway undertakings and its new Transport Block‑ Exemption Regulation — see further, press release. Note— For all live State aid decisions and formal State aid investigations, see the EU State aid decisions—ongoing cases tracker. Note— For all ongoing EU competition law legislative, guidance and other policy...
Terna Energy Trading doo v Revolut Ltd [2024] EWHC 1419 ( Comm) What are the practical implications of this case? This ruling is significant for delineating the scope to pursue unjust enrichment claims against banks and electronic money institutions where a customer commits an authorised push payment fraud against a victim. Adopting a facilitative stance, the court confirms that the institution obtains a benefit on receipt of the funds, even though that receipt simultaneously gives rise to an equivalent, corresponding liability owed to the customer. The judgment also questions the logic of HHJ Bird’s approach in Tecnimont Arabia Ltd v National Westminster Bank plc [2023] All ER Comm 57, which held that, when the relevant payment was routed via an indirect chain of transfers rather than made directly to the institution, any enrichment did not arise at the victim’s expense......
See Q& A: which civil or criminal personal liabilities might a nominated officer (also known as the Money Laundering Reporting Officer, or MLRO) or a Money Laundering Compliance Officer ( MLCO) face in post, and what is the basis for that liability? Nominated officer The nominated officer (also referred to as the Money Laundering Reporting Officer, or MLRO) is the individual appointed to receive and assess suspicious activity reports ( SARs) under the Terrorism Act 2000 ( TA 2000) and the Proceeds of Crime Act 2002 ( POCA 2002). They are also responsible for submitting external SARs to the National Crime Agency ( NCA). Not every organisation is required to have a nominated officer. You must appoint one if the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692 apply to your...
Subsidy Control The Subsidy Advice Unit has issued its final report, setting out guidance to Homes England on its intended subsidy for Barking Riverside Limited—see further, report. NOTE— For all decisions sent to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, the UK subsidy control—cases tracker. Competition policy The CAT released a transcript of the second Bellamy Lecture, delivered by Professor Sir John Vickars. The talk, titled ‘ Competition Policy and the Consumer Welfare Standard’, examined current questions about protecting the consumer welfare standard—see further, the speech. NOTE— For a summary of all live competition law legislation, guidance and other policy initiatives, see further, UK competition horizon scanning—2024 and beyond. Upcoming dates For dates of forthcoming UK competition developments, see further, UK Competition calendar......
KTS v Governing Body of a Community Primary School [2024] UKUT 139 ( AAC) What are the practical implications of this case? This ruling offers plain, significant direction on how the FTT should approach disability discrimination cases about reasonable adjustments under the Eq A 2010—particularly where a claimant has not adequately particularised their case and/or where a child has an Education, Health and Care Plan ( EHCP). The Judge developed the principles identified in SS v Proprietor of an Independent School [2024] UKUT 29, giving further emphasis to the relationship between special educational provision under the CFA 2014 and the duties on non-independent schools to make reasonable adjustments in line with the Eq A 2010. It clarifies how the FTT should deal with sparse particulars and EHCP contexts, without letting CFA duties eclipse Eq A obligations. The message is one of practical alignment rather than...
R ( Refugee and Migrant Forum of Essex and London) v SSHD [2024] EWHC 1374 ( Admin) What are the practical implications of this case? The principal practical upshot is that individuals holding Leave to Remain (‘ LTR’/‘leave’) covered by IA 1971, s 3C will be eligible to receive digital proof of their immigration status. Section 3C applies automatically by operation of statute. While IA 1971, s 3C is in force, all rights inherent in one’s prior LTR continue. Accordingly, when leave is prolonged, the attached conditions are prolonged too. Those conditions may include permission to work or to study. Advisers may encounter clients worried about demonstrating these entitlements once they have lodged an application to extend (‘vary’) their leave. Previously, in many instances this meant a third party—an employer or a landlord—had to make their own check with the Home Office to confirm...
Watts v HMRC [2024] UKUT 168 ( TCC) The arrangement broadly comprised the following principal stages: first, the taxpayer, funded by borrowings, purchased gilt strips valued at £1.5m; second, an option to acquire those strips was conferred on an interest in possession trust, of which the taxpayer was both settlor and life tenant, in exchange for a premium of approximately £1.35m, with an exercise price fixed at £150,000; third, the option relating to the gilt strips was assigned to Investec, a bank, for £1.35m, that amount being paid to the trustee of the trust; and finally, Investec exercised the option and made the corresponding payment of the £150,000 exercise price to the taxpayer. Invoking Finance Act 1996, Sch 13, para 14A, the taxpayer then claimed an income tax loss of £1.35m for the 2003/04 tax year......
See Q& A: Having concluded a complaint about fees without upholding it, if the client forwards the complaint to the Legal Ombudsman, are we prevented from starting proceedings for outstanding fees, or do we have to wait until the Ombudsman reaches a decision? Legal Ombudsman scheme rules and guidance Nothing in the Legal Ombudsman Scheme Rules appears to bar a law firm from commencing court action to recover an unpaid bill, even where the client has complained to the Legal Ombudsman in relation to that same bill. There seems to be no provision in the Rules that would prevent such recovery proceedings while a complaint is with Le O. The Legal Ombudsman ( Le O) also publishes FAQs, including one titled: I want to complain, should I still pay the service provider’s fee? Le O cautions that, although...
According to the consultancy, smaller insurers will face fewer constraints once the Prudential Regulation Authority ( PRA)’s revisions to Solvency II come into effect later this year. In February 2024, the regulator set out a series of reforms to ease the regime’s capital requirements and reduce burdens. Among these measures, the PRA increased the income threshold at which a firm falls within the regime to £25m ( US$31.7m), representing a further £10m rise on the original proposals. Broadstone maintains that insurers not reaching the revised level will also benefit from the alteration to the threshold......
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 ]...