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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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In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Key developments and materials Marine Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Defra updates UK and England's carbon footprint publication with 2021 figures Defra — the Department for Environment, Food and Rural Affairs — has refreshed its England and UK carbon footprint release to incorporate 2021 data. The analysis indicates an estimated 15% uplift in the UK’s carbon footprint between 2020 and 2021, driven by higher emissions across all activity types, with the sharpest rise linked to...
In this issue: The Pensions Regulator Pensions dashboards Daily and weekly news alerts Dates for your diary Trackers The Pensions Regulator TPR publishes 2023 edition of annual occupational DC pension schemes landscape The Pensions Regulator ( TPR) has issued an overview of the UK’s trust-based occupational defined contribution ( DC) market for 2023. It sets out shifts since 2022, scheme and member data, and headline conclusions. Highlights include: an 11% reduction in non-micro DC and hybrid schemes due to concentration 84% of DC or hybrid memberships are in a master trust assets per member increased by just 1%, mainly reflecting significant market volatility in 2022, compared with annual rises of 10 to 20% over the preceding three years For further information, see: TPR: Occupational defined contribution landscape in the UK 2023. Pensions Regulator in talks with government over new...
In this issue: Financial sanctions Fraud risk management Data protection Cybersecurity Daily and weekly news alerts New and updated content Trackers Latest Q& A Financial sanctions Law Society makes recommendations on Russian sanctions Responding to the Treasury Select Committee’s inquiry into Russian financial sanctions, the Law Society of England and Wales has outlined proposals it says would aid the legal profession. It seeks clearer timelines for licensing, a reconsideration of licensing grounds deemed too narrow, and a review of the requirement to disclose the use of external counsel. On the last point, it observes that the current obligation has discouraged some UK companies from undertaking sanctions compliance risk assessments and has delivered no evident countervailing effect. See: LNB News 10/05/2024 20. OFSI updates UK financial sanctions general guidance on licensing The Office of Financial Sanctions...
In this issue: Internet New technologies Media Advertising, marketing and sponsorship Reputation management Data protection Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Useful information Internet DSIT publishes Online Safety Act 2023 explainer The Department for Science, Innovation and Technology has released an explainer outlining what the Online Safety Act 2023 achieves and how it shields users from harmful online content. It sets out who falls within scope, the new offences introduced, the protections for users, and the approach to enforcement. See: LNB News 09/05/2024 68. Ofcom’s consultation on protecting children from online harms casts a wide net Ofcom has issued its second major consultation under the Act, centred on safeguarding children online. The OSA 2023 imposes safety duties on user-to-user and search services that are likely to be...
In this issue: Sustainable finance and ESG round–up UK and international sanctions Tax issues for banking lawyers Guarantees Real estate finance Sustainable finance Derivatives Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG round–up Sustainable finance and ESG weekly round–up For an overview of this week’s Sustainable finance and ESG updates, see: Sustainable finance and ESG weekly round–up—16 May 2024. UK and international sanctions Supreme Court holds non-contractual performance did not constitute failure to exercise reasonable endeavours RTI Ltd ( Respondent) v MUR Shipping BV ( Appellant) [2024] UKSC 18 This appeal considers how a force majeure provision should be interpreted in a shipping agreement between MUR Shipping BV ( MUR) and RTI Ltd ( RTI). A force majeure clause excuses a party from performing its contractual obligations when specified events occur that are...
Within the existing regulatory framework, the authority says it cannot caution consumers that they might be dealing with a firm under a fraud investigation, Nikhil Rathi told lawmakers. The FCA currently has powers to name companies under inquiry only in exceptional public-interest cases, yet Rathi argued this still does not do enough to protect consumers from fraud. ‘ Sadly, investment fraud is not exceptional. We are investigating a large number of those situations at any one time’, he told lawmakers on parliament’s Treasury Committee. The authority set out its proposal in February. Under the plan, any decision to publicise an investigation would be made on a case-by-case basis and hinge on whether doing so serves the public interest. The idea has been widely and strongly criticised by industry, lawmakers and the government. FCA chair Ashley Alder told the committee, ‘we weren’t...
In this issue: Subsidies and countervailing measures WTO Customs Daily and weekly news alerts New and updated content Subsidies and countervailing measures Lao PDR formally accepts Fisheries Subsidies Agreement On 13 May 2024, Lao PDR became the 74th WTO member to formally accept the Agreement on Fisheries Subsidies. Adopted at the WTO’s 12th Ministerial Conference in Geneva, the accord prohibits illegal, unreported and unregulated fishing, bars fishing of overfished stocks, and removes subsidies for fishing on the unregulated high seas. It also recognises that developing countries will need support to put the agreement into effect. The instrument of acceptance was presented to the WTO Director- General, Ngozi Okonjo- Iweala, by Lao PDR’s Ambassador, Latsamy Keomany. See: LNB News 14/05/2024 36......
In this issue: Investigating criminal conduct Criminal procedure and evidence Proceeds of crime Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Corporate Crime in Scotland Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q& As Useful information Investigating criminal conduct The art of corporate apologies: crafting an effective strategy Within the complex theatre of courtroom contests, saying sorry sits in a disputed and often contradictory position. See News Analysis: The art of corporate apologies: crafting an effective strategy. Criminal procedure and evidence Serious Fraud Office Disclosure report Nick Murphy of 25 Bedford Row reviews the report’s scope,...
Insurance Europe letter to European Commission On 14 May 2024, Insurance Europe stated it had contacted the European Commission, cautioning that the so‑called level 2 technical discussions on putting into practice the recently concluded Solvency II review, which defines capital rules for the industry, must mirror the political ambition that has been settled. The association dispatched its letter ahead of the commission’s expert group on banking, payments and insurance commencing technical conversations on the Solvency II review on 15 May 2024. ' The fine print will determine the outcome and, to capture the potential gains, the political ambition agreed yesterday needs to be carried through into the technical specifics that will follow,' said Olav Jones, the deputy director‑general of the......
State aid AG issues opinion recommending Court of Justice should set aside General Court’s judgment and annul Commission’s decision regarding State aid granted by Finland to Helsinki transport operator Advocate General Medina has delivered his Opinion in Case C‑697/22 P, Koiviston Auto Helsinki v Commission, concerning an appeal brought against the General Court’s ruling in Case T‑603/19, which rejected an action seeking annulment of the Commission decision adopted on 28 June 2019. In that decision, the Commission concluded that Finland had conferred €54.2m in State aid in contravention of Article 108(3) TFEU, thereby rendering the measure incompatible with the internal market and requiring recovery ( SA.33846). For context, during 2002–2012, the Helsinki bus undertaking Helsingin Bussiliikenne Oy ( Hel B) benefited from public support provided by the City of Helsinki, comprising one equipment loan and three capital loans......
Mergers The CMA released the full text of its phase 1 referral decision concerning the prospective acquisition by Theramex HQ UK Limited of the European Rights to Viatris’ Femoston and Duphaston products — see further, decision The CMA issued its issue statement relating to its phase 2 investigation in Spreadex/ Sporting Index — see further, case page The CMA set out its administrative timetable for its phase 2 investigation in Lindab/ HAS- Vent — see further, case page NOTE— For all live mergers before the CMA, see further, UK mergers—ongoing cases tracker NSI The government has conditionally approved the acquisition of Fire Angel Safety Technology Group Plc by Intelligent Safety Electronics Ptd Ltd — see further, final order NOTE— For a summary of transactions in which the UK government has intervened on national security grounds under the National Security and...
In this issue: Planning enforcement Planning policy Levelling-up and Regeneration Act 2023 Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Latest Q& A Related Documents Planning enforcement Court of Appeal clarifies the scope of the Murfitt principle ( SSLUHC v Caldwell) In Secretary of State for Levelling Up, Housing and Communities v Caldwell and another company [2024] EWCA Civ 467, the Court of Appeal examined the extent of the Murfitt principle, under which an enforcement notice tied to a material change of use may require the removal of operational development. The judgment confirms the principle strictly applies only where that operational development is ancillary or incidental to the material change of use, rather than constituting separate development in its own right. See News Analysis by Elizabeth Dunn, Partner, and Sarah...
The duty covers activity involving retail customers; however, for certain firms — such as payment services and e‑money issuers — it also extends to interactions with micro‑enterprises with turnover up to £1m. Where the regulator supervises the provision of financial services to small and medium‑sized enterprises, firms engaging with those SMEs fall under the duty as well. Organisations whose customer bases straddle both sides of the perimeter find compliance more challenging. For such firms, applying the duty consistently across segments can prove especially complicated. A senior official at the FCA commented, on a personal basis, that they were not convinced the existing regulatory boundary is the best possible arrangement, observing that it is uneven and could probably be improved, while emphasising that any change is ultimately for government......
In this issue: Arbitration in England & Wales Investment treaty arbitration International arbitration Institutional and ad hoc arbitration AI in arbitration Sector-and industry-specific arbitration Other ADR and arbitration-related news Daily and weekly news alerts New and updated content Arbitration in England & Wales Supreme Court: non-contractual performance not a failure to exercise reasonable endeavours ( RTI Ltd ( Respondent) v MUR Shipping BV ( Appellant)) The Supreme Court in RTI Ltd ( Respondent) v MUR Shipping BV ( Appellant) [2024] UKSC 18 allowed the appeal unanimously, concluding that the Appellant’s refusal of the Respondent’s proposal to perform on a non-contractual basis did not amount to a failure to use reasonable endeavours. Consequently, the Court confirmed that the reasonable endeavours proviso did not preclude the Appellant from invoking the force majeure clause. Kaity Crowe, Pupil at The 36 Group, and Paul Schwartfeger, Barrister at The 36 Group, provide commentary on the decision’s impact and its wider...
In this issue: Data protection and cybersecurity Free movement, immigration, and employment Financial services Energy Environment Insurance and reinsurance IP Regulatory TMT Daily and weekly news alerts New and updated content Trackers Data protection and cybersecurity EU prolongs the temporary Regulation to tackle online child sexual abuse effectively. Regulation ( EU) 2024/1307 of the European Parliament and of the Council of 29 April 2024, amending Regulation ( EU) 2021/1232 on a temporary derogation from certain provisions of Directive 2002/58/ EC concerning the use of technologies by providers of number-independent interpersonal communications services to process personal and other data for the purpose of combating online child sexual abuse, has been published in the Official Journal of the EU. The Regulation took effect on 14 May 2024. See: LNB News 15/05/2024 14. Free movement, immigration, and employment Council of the EU adopts ten legislative acts to comprehensively overhaul the EU asylum and migration system. The Council of the EU has...
In this issue: Employment tribunals Status and worker categories Protected characteristics Whistleblowing Industrial action Financial services and banking: employment issues Failure to prevent fraud Immigration Daily and weekly news alerts IRLR Highlights— June 2024 Dates for your diary Trackers New Q& As Employment tribunals HMCTS reform project: Update for ET professional representatives ( May 2024) A joint letter from the two Presidents of Employment Tribunals, enclosing an important message from Mark Lewis, Employment Tribunals Service Manager at HM Courts & Tribunals Service ( HMCTS), has been published. It: delivers urgent notice that from 30 May 2024 professional representatives filing an employment tribunal claim online in Scotland, Leeds, Midlands East, South West England or any of the three London offices must use the My HMCTS portal; and sets out dates over the next two...
In this issue: Private M& A Financial services regulation for corporate lawyers Competition law Daily and weekly news alerts Dates for your diary Trackers Useful information Private M& A Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd; Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd In Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd; Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2024] All ER ( D) 55 ( May), the Court of Appeal, Civil Division reviewed an appeal concerning two causes of action arising from a Share Purchase Agreement ( SPA). The purchasing entity, Drax, advanced both a warranty breach claim and a claim grounded in a contractual indemnity. Under the SPA, SP bore no liability unless Drax gave notice of any claim by a...
Confidentiality of judgments on arbitration claims ( Ganz v Petronz & another) Ganz v Petronz FZE and another [2024] EWHC 1011 ( Comm) What are the practical implications of this case? Practitioners and arbitration users should note that the English courts do far more than pay token homage to open justice. Even where proceedings stem from a confidential mechanism such as an LCIA arbitration, the default position is that court judgments about that process will be available to the public. When deciding whether to issue a public judgment, the courts typically favour publication unless truly compelling grounds justify secrecy. In practice, this means aspects of a dispute—allegations and elements of the factual backdrop—may enter the public domain, a risk that warrants particular caution when advancing challenges under sections 67 and/or 68 of the Arbitration Act 1996 ( AA 1996). What was the...
PI & Clinical Negligence weekly highlights—16 May 2024 In this issue: Road traffic accidents Claims involving a child Coroner's inquests Other PI and clinical negligence news Daily and weekly news alerts New and updated content New Q& As Useful information Road traffic accidents Application for retrospective approval of interim payments dismissed The King’s Bench Division in Mehmood (by his litigation friend, Mrs Asma Islam, pending determination by the court) v Mayor [2024] All ER ( D) 35 ( May) rejected the claimant’s bid to retrospectively approve a £10,000 interim payment made in 2019 and to obtain a further £75,000. The personal injury proceedings arose from a road traffic collision in which the claimant, a motorcyclist, sustained a significant brain injury after impact with the defendant’s vehicle. The claimant maintained the case was worth over £200,000. In an amended...
In this issue: Key developments and horizon scanning Leasing property Transferring property Environment, energy and buildings Additional property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning Response to consultation on High Street Rental Auctions The Department for Levelling Up, Housing and Communities has released a summary of replies, together with its own response, to the High Street Rental Auctions consultation, which ran for 14 weeks from 31 March 2023 to 7 July 2023. The exercise asked for views on elements to be included in the High Street Rental Auction policy, created by the Levelling Up and Regeneration Act 2023, including how the standardised lease should be configured (its make-up and operation of clauses), how the costs of the High Street Rental Auction process should be shared, how Minimum Energy...
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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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