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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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Original news Professor G ( PO-17403) – 23 January 2024 Summary The DPO upheld a complaint about a public sector scheme that wrongly advised the complainant he could remain an active member past age 60. Suggesting he could, on an exceptional basis, continue to accrue benefits amounted to a negligent misrepresentation. It was also a breach of the duty to administer the scheme in line with the statutory regulations. The case serves as a reminder that scheme providers should not promise benefits that are not authorised by their scheme rules... What were the facts? Professor G became a deferred member of the NHS Pension Scheme (the Scheme) in 1985. NHS Business Service Authority ( NHS BSA) was the Scheme’s administrator. The NHS Pension Regulations 1995 (the Regulations), SI 1995/2008, stated that members could not accrue further pensionable service or pay contributions in the Scheme after age 60. In April...
Mergers The Commission approved the acquisition of shared control over Nordic Seed Germany Gmb H and Nordic Seed A/ S ( M.10921) following a Phase I review—see further, Midday Express. The Commission has received notifications for: IBM/ Certain Software AG Products ( M.11468) (standard merger procedure) Hedin Mobility/ Iveco Sweden/ Iveco Denmark/ Iveco Finland/ Iveco Norge ( M.11410) (standard merger procedure) The Commission issued the public version of its decision in Agco/ Trimble/ JV ( M.11382)—see further, decision. Note— For all ongoing merger investigations before the Commission, see further, EU mergers—ongoing cases tracker. Upcoming dates: For dates of forthcoming EU competition developments, see further, EU Competition calendar......
Original news Mr N ( CAS-61348- B1V7) – 18 January 2024. Summary The DPO dismissed a grievance about the guidance an employer provided concerning opting out of an automatic enrolment arrangement. The worker had received sufficient details about the scheme and the process for opting out. From the materials supplied by his employer, he ought to have understood that pension contributions would be taken from his pay, and that he needed to opt out within three months of entry to qualify for a refund of those contributions. This decision underlines the need for employers to provide clear, adequate information about how any automatic enrolment scheme operates. What were the facts? Mr N was automatically enrolled into the Firefighters’ Pension Scheme 2015 (the Scheme)......
Nearly two years after launching its probe into Boohoo, ASOS and Asda over potentially misleading environmental claims, the CMA has confirmed it has accepted Undertakings from each company. Under these Undertakings, the parties agree not to introduce new misleading environmental claims and to remove any that already exist. Although the Undertakings bind only the firms under investigation, the CMA’s accompanying open letter—issued alongside them and set against its expanding consumer caseload—signals that complying with consumer law is regarded as no less important than adhering to competition law. The letter also makes clear that the Undertakings should be treated as the benchmark for making environmental claims. Any business engaging in such claims should therefore carefully scrutinise its statements and practices to ensure they meet the Undertakings’ requirements. The CMA’s stance is especially timely given it is expected imminently, via the DMCC Act, to obtain...
A combined jail term of five-and-a-half years imposed on Romy Andrianarisoa, once a senior aide to Madagascar’s president, and her French partner on 10 May 2024 drew a dramatic, high-profile London trial to a close, one that included secret footage of the pair covertly asking an undercover officer for bribes. The convictions—marking the first bribery case against a foreign official in the UK—were secured after the National Crime Agency received a tip-off from Gemfields, the British mining company that owns Faberge. That alert enabled NCA officers to gather vital evidence and to set up a carefully planned sting at a five-star London hotel. According to Zulfi Meerza of Rahman Ravelli, a former senior investigator at the Serious Fraud Office ( SFO), the matter was 'uniquely placed' because it rested on 'smoking gun' material that secured the guilty verdicts. ' It is hardly surprising we have not...
In a six-page opinion written by Justice Sonia Sotomayor and issued less than a month after oral argument in Smith v Spizzirri, the Supreme Court relied on the text of federal arbitration law to hold that the Ninth Circuit erred in concluding that federal courts have discretion to dismiss once arbitration is compelled, a course that enables the losing party to appeal. Section 3 of the Federal Arbitration Act states that when a case is referred to arbitration, a trial court 'shall on application of one of the parties stay the trial of the action until such arbitration has been had'. The justices rejected the respondents’ position, advanced by the on-demand delivery company Intelli Quick, that 'stay' simply requires the court to halt parallel litigation, which it could achieve by dismissing the case. There are two significant problems with that...
The rule obliges firms to ensure that any mention of a product or service’s sustainability features is consistent, fair, clear, and not misleading. It applies whenever a firm communicates directly in the UK, including the following specific situations: with clients in the UK about a product or service or when it issues a financial promotion, or signs off a financial promotion for communication, to a person in the UK Its arrival currently coincides with greenwashing being a leading enforcement focus for many regulators. Branding offerings as green or sustainable is widespread and viewed as a particularly key way to draw the attention of environmentally minded customers. In 2023, the European Commission found that 53% of sustainability claims were misleading or vague, and 40% lacked substantiation. These so-called green claims are increasingly facing ever growing scrutiny from regulatory authorities, activist shareholders, and...
Note: The CPRC has stopped circulating the supporting papers alongside the minutes, so this News Analysis does not include documents explaining the topics discussed. A copy of the minutes can be found here: Minutes of the CPR Committee meeting. Welcome, action log and matters arising (item 1) The minutes of the 1 March 2024 meeting were approved—see News Analysis: Minutes of the CPR Committee meeting—1 March 2024. The following points arose that were not addressed under later agenda items: E-working pilot CPR PD 51O— Master Sullivan and Chief Chancery Master Karen Shuman will undertake an initial review. As the pilot PD is scheduled to expire on 1 November 2024, the proposal is to report to the June 2024 meeting, to enable inclusion in the summer update with a possible in-force date in October...
Additional developments Beyond the pieces reported in full in the Financial Services news feed on 17 May 2024, subscribers may find the following further developments of interest: FCA: Decision Notice: ESA Auto Motive Ltd OJEU: Agreement between the European Parliament, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European Central Bank, the European Court of Auditors, the European Economic and Social Committee and the......
What is the TDM copyright exception under the EU DSM Copyright Directive and how does it apply to the use of datasets in generative AI? Generative artificial intelligence depends on extensive volumes of data and content to build its learning capacity, support creativity, and deliver dependable outputs. In such a data-centric environment, text and data mining ( TDM) plays a pivotal role in processing material, uncovering knowledge, and training AI models. Article 2 of the EU DSM Copyright Directive—intended to enhance access to protected works and, in turn, drive research and innovation—defines TDM as any automated analytical method used to analyse text and data in digital form to produce information, including (but not limited to) trends, patterns, and correlations. The Directive’s overarching purpose is to widen access to protected content to stimulate research and innovation, while maintaining a fair equilibrium between the rights and...
This Joint Statement This Joint Statement signals a fresh and decisive move towards deeper co-operation in offshore wind energy and the ambition set out at the Ostend Summit in April 2023 to turn the North Sea into a major, truly sustainable power station. Belgium, Ireland and the UK resolutely pledge to deliver net zero emissions in their electricity sectors, strengthen the security of electricity supply, scale up renewable electricity, and secure competitively priced power. The Joint Statement sets a comprehensive framework for further detailed discussions and careful, thorough planning of the infrastructure needed to link wind farms to the Princess Elisabeth Energy Island. It highlights the readiness of the three nations to pursue shared objectives for a sustainable energy transition and the wider use of renewable resources. Stakeholders also agree to create a working group to report on shared challenges,...
Taytime Ltd v Secretary of State for Levelling Up, Housing and Communities and others [2024] EWHC 1053 ( Admin) What are the practical implications of this case? Although this is a permission ruling on an appeal pursuant to TCPA 1990, s 288, the decision serves as a reminder to practitioners that a Planning Inspector must undertake a rigorous assessment where several corporate vehicles front the application and the appeal, remaining alert to questions of agency and insolvency. The court articulated the principles governing when a legitimate expectation can arise that an appeal will be taken forward. The judgment also demonstrates that, on occasion, resolving a planning challenge may necessitate the judge considering permission and the substantive claim to bring additional expertise to bear, for instance where multiple companies are involved and significant procedural issues of agency and insolvency surface, irrespective of the...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce International Public procurement Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Advertising, marketing and sponsorship ASA rulings—15 May 2024: A complaint about a post on Astrid Wett’s X (formerly Twitter) profile, promoting a service collating betting offers, was upheld because the promotion featured a person under 25, breaching gambling ad rules. A further complaint concerned a Tik Tok promotion for a hangover cure that implied a food supplement could treat a human disease; the issue raised was that the claims were misleading. The ASA upheld both challenges. See: LNB News 15/05/2024 97. New CAP and BCAP Code rules on alcohol alternative product advertising come into force: The Advertising Standards Authority and the Committee of Advertising Practice have confirmed that, from 14 May 2024, the updated provisions in the...
Carbon Budget Plan judicial review succeeds ( R ( Friends of the Earth and others) v Secretary of State for Energy Security & Net Zero) Friends of the Earth, Clientearth, and the Good Law Project v Secretary of State for Energy Security and Net Zero [2024] EWHC 995 ( Admin) What are the practical implications of this case? This ruling carries weighty consequences for government, most immediately for the Department of Net Zero and Energy Security. The political fallout is notable. Ministers have confirmed no appeal will be pursued and have promised to place a legally robust report before Parliament within 12 months. That exercise will unfold amid pronounced external, and likely sceptical, scrutiny. It is foreseeable that the same groups who overturned the 2021 Net Zero Strategy and, in 2023, the CBDP, will monitor the process closely. All this will occur as a general...
In this issue: Finance Real estate tax VAT Taxes management and litigation Employment taxes Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Finance Following last week’s Tax weekly highlights, the Court of Appeal in Kwik- Fit Group Limited v HMRC [2024] EWCA Civ 434 confirmed the First-tier Tax Tribunal ( FTT) and Upper Tribunal ( UT) conclusions that the appellants participated in the loan relationships with an unallowable purpose. The appellate court therefore dismissed the appeal. See News Analysis: Court of Appeal dismisses appeal on loan relationships unallowable purpose rule ( Kwik- Fit Group Ltd v HMRC). The judgment concerns unallowable purpose in loan relationships, aligning with tribunals’ reasoning at both levels. Real estate tax The Court of Appeal determined that HMRC should adopt a more flexible reading of the CIS...
In this issue: Highlights: ECON’s FIDA report; growing focus on non‑financial misconduct; PRA feedback to c70 firms on recovery planning; EBA consults on CRR3 RTS for unfinished property; UK sanctions amendments ( SI 2024/643) and updated OFSI licensing guidance; FOS update on motor finance commission complaints; FCA enforcement activity and scrutiny of plans to publicise investigations, with OFR EEA equivalence regulations and a Lords inquiry; sentences for insider dealing and perverting justice; Market Watch 79 on surveillance failings; building societies urged to embrace technology; SRB’s 2024 MREL policy; Mi FID II equivalence SI; ESMA guidelines on ESG fund names and IA SDR Q& A; reminders on virtual/hybrid unitholder meetings; new PSD reporting flowcharts and an MBFS excess mileage undertaking; Solvency II technical information, Commission request for EIOPA advice, and EIOPA’s risk dashboard; concerns over pensions dashboard safeguards; ECB opinion on PSD3/ PSR and PSR...
In this issue: Standard form contracts Adjudication Contract law Procurement in construction Litigation Construction industry news Daily and weekly news alerts New and updated content Construction trackers Standard form contracts JCT publishes 2024 Minor Works contracts and subcontracts, Short Sub-contract and Sub-subcontract On 15 May 2024, the Joint Contracts Tribunal ( JCT) released the 2024 versions of its Minor Works Building Contract, Minor Works Building Contract with contractor’s design, Minor Works Sub- Contract with sub-contractor’s design, Short Form of Sub- Contract and the Sub-subcontract 2024, complementing the 17 April 2024 publication of the Design and Build Contract and the Design and Build Sub- Contract Agreement and Conditions, together with the associated guides. This article examines how these documents vary from their 2016 counterparts, and the extent to which the updates seen in the 2024 DB forms have...
In this edition: Ukraine conflict Coronavirus ( COVID-19) Cases and decisions Types of insurance Market practice Regulation Solvency II New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Ukraine conflict This week: Insurance broker WTW revealed it has arranged protection for cargo moving by land across Ukraine that may come under fire during the prolonged conflict with Russia. See News Analysis: UK broker WTW launches Ukraine land war insurance cover. Politicians questioned leading specialists, including Emma Hardaker, Lloyd’s of London’s head of financial crime and compliance, on whether the UK should mirror the EU and direct gains from Russia’s frozen assets towards Ukraine, as they assessed the sanctions regime. See News Analysis: MPs mull using frozen Russian assets for Ukraine...
In this issue Tax treatment Corporate governance Useful information Weekly highlights from other practice areas Tax treatment HMRC publishes Employment Related Securities Bulletin 55 HMRC has released Employment Related Securities ( ERS) Bulletin 55, setting out updates on the following: a prompt to register CSOP, SAYE and SIP arrangements, and to notify the grant of EMI options, by 6 July after the end of the tax year, together with the process for applying a reasonable excuse for late registration if the deadline is missed (see Practice Notes: FAQs on UK share schemes registration and annual returns and EMI—notification of grant of options to HMRC) a reminder of the 6 July deadline for filing end of year ERS returns and the penalties that will apply for late submission an outline of the effect of the Subsidy Control Act 2022 on EMI...
UK developments IA releases guidance on the FCA’s sustainability disclosure requirements The Investment Association ( IA), working with Eversheds Sutherland, has issued Q& A guidance to support implementation of the Financial Conduct Authority’s Sustainability Disclosure Requirements. See: LNB News 13/05/2024 23 Source: Implementation Guidance v1.0: The FCA’s Sustainability Disclosure Requirements ( SDR) EU developments ESMA provides guidelines on fund names using ESG or sustainability terms The European Securities and Markets Authority ( ESMA) has published its final report setting out guidelines for the use of environmental, social and governance ( ESG) or sustainability-related expressions in fund names. These guidelines will be translated into all EU languages and subsequently made available on ESMA’s website......
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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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