Featured documents
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...
Most recent News
In 2010, Wiki Leaks published a vast trove of secret files taken from US military systems and passed to Julian Assange by Chelsea Manning. To Mr Assange and his backers, the intrusion and release amounted to journalism that uncovered serious wrongdoing by the US. For US authorities, it was a rash criminal enterprise that endangered numerous individuals. The political and legal aftershocks have echoed ever since, leading to extradition action that began soon after Mr Assange was removed from the Ecuadorian Embassy in April 2019. Five years later, the result may hinge on the High Court’s reading of the US Constitution. On 26 March 2024, the High Court refused Mr Assange permission to appeal on nearly all grounds, including his claim that his actions were bona fide journalism, that prosecutors were driven by politics, and that he would be deprived of a fair trial...
Banking & Finance— May 2024 case round-up RTI Ltd ( Respondent) v MUR Shipping BV ( Appellant) [2024] UKSC 18 Force majeure—shipping contract—reasonable endeavours This Supreme Court judgment examined the meaning of a force majeure provision in a seaborne carriage contract between MUR Shipping BV ( MUR) and RTI Ltd ( RTI). A force majeure clause releases a party from performing contractual obligations where specified contingencies arise that are beyond the parties’ reasonable control (acts of God). Frequently, such clauses contain a ‘reasonable endeavours’ rider, which prevents reliance on a force majeure event if its impact could be avoided through the exercise of reasonable endeavours. The pivotal issue on appeal was whether satisfying that reasonable endeavours requirement meant the party seeking to invoke the clause had to accept an offer of performance that fell outside the contract. In this dispute, the proposed...
Private actions The CAT handed down its judgment in Ad Tech Collective Action LLP v Alphabet Inc case...
Waterfront Property Investment Ltd v Arius Litigation Funding Ltd Claim, No BVIHCM 2023/0192 What are the practical implications of this case? This decision underscores the primacy of arbitration clauses and the court’s reluctance to intervene in disputes already before an arbitral tribunal. Where a binding arbitration agreement exists and there is a genuine and substantial controversy over what debt is due or payable, a Statutory Demand issued under the Insolvency Act must be set aside. Even in the absence of any substantial quarrel about the sum owed, the court retains a discretion to discharge the demand where doing otherwise would occasion substantial injustice. Further, if a party presses a Statutory Demand in respect of a liability that is the subject of ongoing arbitration, substantial injustice will be found where the evidence shows that the insolvency mechanism is being deployed for an...
The Czech Republic v Diag Human SE and another [2024] EWHC 708 ( Comm) What are the practical implications of this case? The judgment offers practical guidance on how the ‘reasonable diligence’ condition in AA 1996, s 73(1) operates. It warns parties in arbitration to remain vigilant to unfolding factual matters that may demand further enquiry, in order to satisfy the ‘reasonable diligence’ requirement and maintain an arguable case that is not rendered time-barred under AA 1996, s 73(1). It also emphasises the elevated duty of care owed by investment arbitration practitioners when advising clients in arbitral proceedings, so as to avoid claims of insufficient diligence in the conduct of jurisdictional challenges before the tribunal. What was the background? ......
A Court of Appeal ruling poised to reshape civil case management will have ‘wide-ranging consequences’ for the judiciary and the commercial courts, Lady Chief Justice Sue Carr told delegates at a London legal conference. Carr LJ observed that the judgment she delivered in 2023 with the Master of the Rolls, Geoffrey Vos, in Churchill v Merthyr Tydfil County Borough, means judges will ‘increasingly be called upon’ to decide whether to compel the use of alternative dispute resolution. It also raises the ‘broader question of which form of dispute resolution to mandate’, she said at London International Disputes Week. The November 2023 ruling confirmed that courts can direct parties to mediate or to take part in another variety of ADR. She underlined consequences for judges and the commercial courts in particular, as she spoke......
Re Pindar Scarborough Ltd (in administration) [2024] EWHC 908 ( Ch), [2024] All ER ( D) 72 ( May) What are the practical implications of this case? The First Review records the government’s long-held view that a creditor’s status is fixed at the commencement of the process and continues even where full repayment is later achieved, and noted an intention to amend IR 2016, SI 2016/1024, r 15.11(1) to make that position explicit. If that had accurately reflected the law, numerous administration steps dependent on secured creditor consent would have become far harder to manage—most notably, approval of fees and extensions. After a secured creditor is paid in full during an administration, there is little incentive for them to remain involved or to engage meaningfully with the administrators, as they have no financial stake. An administrator seeking to extend an...
AI providers in the EU AI firms operating in the EU, including Open AI, and their users are unlikely to face a standalone AI product liability regime, as EU governments and the European Parliament doubt the need for one. Most countries prefer to wait for the outcome of the Parliament’s study, an EU official told MLex, with France and the Netherlands particularly sceptical. The prevailing worry is that the sector could be over-regulated. Such an AI liability law would ease the burden of proof for individuals seeking compensation for harm linked to AI systems, and impose fresh disclosure duties on systems labelled ‘high-risk’ under the EU AI Act. Member States concur that addressing liability in the AI context matters. However, the EU Product Liability Directive, approved in March 2024, together with existing national liability frameworks, may already suffice, MLex...
MWL International Ltd and Maywal Ltd v HMRC [2024] UKFTT 402 ( TC) The companies dealt in tangible commodities, sourcing from multiple overseas jurisdictions and supplying markets across the Middle East. From 1989 onwards, the company owned or leased vehicles that were luxury limousines fitted with telephone capability (using Bluetooth during the years under appeal). The cars were provided to clients visiting the UK and, at other times, were placed at the disposal of, and used by, one or more directors and employees, notably W, his spouse LW, and his son MW. Save for a single vehicle, the fleet was kept at the home of W and LW, which also functioned as the company’s registered office. In 2021 HMRC issued determinations imposing Class 1A NICs in relation to the vehicles, and the company brought an appeal. It maintained that the vehicles met the...
Neal v Nadir [2024] DIFIC A 001 What are the practical implications of this case? The ramifications of Neal v Nadir are significant for those practising in international arbitration and commercial law. By upholding the enforceability of foreign interim arbitral awards, the DIFC Court of Appeal reinforces legal certainty and predictability for parties involved in cross-border proceedings. The ruling gives confidence to international businesses that interim measures ordered in overseas arbitrations will be recognised and enforced in the DIFC, further enhancing the DIFC’s appeal as a hub for international dispute resolution. For arbitration practitioners, the decision highlights the strategic importance of seeking interim relief in jurisdictions that are supportive of arbitration. The court clarified that recognition or enforcement of an arbitral award, regardless of where it was made, may only be refused on the grounds set out in the relevant Article, confirming the strength of the...
Mergers The CMA has issued an invitation to comment on the proposed acquisition of CWT Holdings, LLC by Global Business Travel Group, Inc — see case page. Note — for all live mergers before the CMA, see UK mergers — ongoing cases tracker. Upcoming dates For dates of forthcoming UK competition developments, see the UK Competition calendar......
Mergers The Commission granted clearance for: the acquisition of exclusive sole control of Gruppo LTC Sp A by Nexans SA ( M.11488) following a phase I investigation—see further, Midday Express the acquisition of joint control of Beautynova Sp A by PAI Partners S.à.rl and Bluegem Capital S.à.rl ( M.11528) after a phase I investigation—see further, Midday Express the formation of the joint venture Hydro Volt AS by Hydro Energi Invest AS and Northvolt Revolt AB ( M.11472) subsequent to a phase I investigation—see further, Midday Express NOTE— For all live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker State aid The Commission approved, under the EU State aid rules, an Italian scheme to support electricity production from renewable energy sources—see further, press release The Commission approved, under the EU State aid rules, an Italian scheme (worth €30m) to...
Adekoya and others v Heathrow Express Operating Co Ltd [2024] EAT 72 In a judgment dated 16 April 2024, Judge Simon Auerbach determined that the first tribunal must reconsider whether employees made redundant had waived their entitlement to continuing travel benefits by taking a £750 payment. The decision said this was required because the tribunal’s central reasoning—that a third‑party provider had removed the entitlement—was defective. The ruling was only recently published. The first tribunal will therefore have to revisit that issue again. He noted that the only grounds the tribunal identified for finding that any surviving right had at some point stopped being effective, on the basis it had been varied without breach by the respondent, had been set aside. He added that those bases had been overturned. Adekoya and several other claimants volunteered for redundancy at Heathrow Express Operating Co Ltd in June 2020. They...
EF v LM and another [2024] EWHC 922 ( Fam), [2024] All ER ( D) 23 ( May) What are the practical implications of this case? This ruling underscores the intricate questions surrounding consent in relation to transgender adolescents and children. From 16 up to, but not yet 18, a young person may consent to medical treatment under section 8 of the Family Law Reform Act 1969, without needing approval from a parent or guardian. The judgment, however, calls into question whether that autonomy alone sufficiently protects the young person’s best interests. Although the court retains power to step in and set aside a young person’s consent where the decision is grave enough to justify intervention ( Re W ( A Minor) ( Consent to Medical Treatment) [1993] 1 FLR 1), this case sharpens the issue of when judicial intervention should occur. It also starkly...
What is the background to IWA 2024? The Infrastructure ( Wales) Bill reached the Senedd on 12 June 2023, following a public consultation in April 2018 on proposed changes to the consenting of infrastructure in Wales. The Developments of National Significance ( DNS) regime was introduced in 2015. IWA 2024 replaces DNS with a ‘one-stop shop’ bringing together existing consent regimes for Wales and the territorial sea adjacent to Wales, which closely mirrors the DCO regime under the Planning Act 2008 ( PA 2008) in England. It establishes a new framework for ‘ Significant Infrastructure Projects’ ( SIPs), which are awarded a Welsh Infrastructure Consent ( WIC) by means of an Infrastructure Consent Order ( ICO). The Act’s aims are broadly to: improve consistency, certainty, prospects of success and the quality of applications, while reducing confusion and complexity. The......
Within digital policy circles, the adoption of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), marked a defining milestone, signalling the moment the EU positioned itself as a check on Big Tech and a global pacesetter in digital rule‑making. Even six years on, its meaning and enforcement still prompt extensive debate—so much so that a new instrument is being negotiated to revise its procedural framework. Yet the EU GDPR proved only the opening chapter. During Ursula von der Leyen’s tenure, the European Commission tabled and ultimately enacted a wave of digital and cybersecurity measures, many rivalling or even exceeding the EU GDPR in breadth and ambition. The Digital Services Act, Digital Markets Act, Artificial Intelligence Act, Data Act, Data Governance Act, Network and Information Security Directive, Directive ( EU) 2022/2555 ( NIS2), Cyber Solidarity Act, Cyber...
Mergers The CMA issued a notice ending the extension of the inquiry timetable for its phase 2 probe into the Vodafone/ CK Hutchison joint venture......
The Court of Appeal, by a majority, agreed that Judge Mark Pelling of the Commercial Court, King's Bench Division of the High Court of Justice of England and Wales was right to conclude there was no obvious error in the drafting and wording of the relevant exclusion clause within the buyer side warranty and indemnity, or W& I, insurance policy. Consequently, cover under the policy did not extend to the alleged breaches of certain warranties given by the vendors in the share purchase agreement, or SPA. This decision is illuminating for all parties actively engaged in the W& I market and acts as a reminder that, even where a warranty is listed as 'covered' in an appendix to a W& I policy, it remains subject to the broader terms and conditions set out in the body of the policy, including exclusion...
The country's Department of Finance The country’s Department of Finance announced that motor insurance policyholders will no longer need to wait for the liquidation of a collapsed insurer before seeking compensation after road traffic accidents. The Motor Insurance Insolvency Compensation Bill 2024 brings into Irish law elements of a 2009 EU directive concerning civil liability in motor insurance claims. On 23 May 2024, the EU confirmed it had issued a warning letter to Ireland over delays in introducing the required legislation, which should have been in place by December 2023. ‘ We have seen in the past where insurers have failed, claimants have been left...’...
The act ushered in a series of reforms, with some measures commencing at once in October 2024 and others still awaiting implementation. Why did these reforms come about? Fraud is the most prevalent offence in the UK. As set out in the government’s 2023 Fraud Strategy, fraud accounts for over 40% of all crime yet attracts less than 1% of police resource......
Popular documents
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 ]...
Discover more from LexisNexis
