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
Statutory adjudication— Adjudicator’s power under Scheme for Construction Contracts to correct a decision to remove a clerical error or typographical error ( Mc Laughlin & Harvey v LJJ) Mc Laughlin & Harvey Ltd v LJJ Ltd [2024] EWHC 1032 ( TCC) What are the practical implications of this case? There are concrete consequences for adjudicators and those engaged in adjudication. The TCC has emphasised that paragraph 22A(1) of the Scheme for Construction Contracts 1998—allowing an adjudicator, on their own initiative or at a party’s application, to correct their decision to remove an accidental clerical or typographical slip—operates within strictly confined bounds. It does not authorise the adjudicator to rectify mistakes that go to the reasoning or intention underpinning the decision. Where an adjudicator seeks to go beyond mere clerical or typographical correction, they risk producing an amended or revised decision that is not a valid...
Court of Appeal rules on exclusion in W& I policy ( Project Angel Bidco v Axis) Project Angel Bidco Ltd (in administration) v Axis Managing Agency Ltd (as representative of Syndicate 1686 at Lloyd’s of London) and other companies [2024] EWCA Civ 446 What are the practical implications of this case? The Court of Appeal’s ruling reiterates how difficult it is to show an evident drafting error in a contract that would justify judicial correction of a specifically negotiated clause. Practically for W& I insurers, brokers, and lawyers advising on these policies, the following points arise: When framing liability for bribery and corruption, clarify whether the scope captures proved responsibility for such conduct or mere accusations When crafting an exclusion, take care with the terminology used in the definition; in this case the word ‘liability’ in the ‘ ABC Liability’ exclusion was not...
Kwik- Fit Group Ltd and others v HMRC [2024] EWCA Civ 434 Background The appellants participated in an intra-group debt reorganisation in which: loan receivables due from the appellants were transferred to an intermediate holding company, Speedy 1 Ltd ( Speedy 1) (the Assigned Loans) new loan receivables were put in place in Speedy 1’s favour (the New Loans) the interest rates on the Assigned Loans, together with a loan already owed by one appellant to Speedy 1 (the Pre-existing Loan), were increased to match the arm’s length rate prevailing at that time At that time, Speedy 1 held around £48m of non-trading loan relationship deficits ( NTLRDs) carried forward from earlier periods. Under the loss relief rules then in force, those NTLRDs were effectively trapped within Speedy 1 and could not be utilised by other members of the group......
Secretary of State for Levelling Up, Housing and Communities v Caldwell and another company [2024] EWCA Civ 467 What are the practical implications of this case? This judgment is a notable clarification of the scope of the Murfitt principle. In Murfitt v Secretary of State for the Environment and East Cambridgeshire District Council (1980) 40 P& CR 254, it was determined that, where enforcement is taken against a material change of use, a notice can also require the removal of related operational development, even where those works might otherwise be immune from action. Here, the Court of Appeal emphasised that this does not hold where the operational development is the origin of, or integral to, the change of use and amounts to a distinct development in its own right. In that situation, the four-year limit for enforcement under section 171B(1) of the Town and Country...
Digital markets Commission designates Booking as gatekeeper; launches market investigation into X The Commission stated that it has resolved to designate Booking, for its online intermediation service Booking.com, as a gatekeeper under Regulation 2022/1925 on contestable and fair markets in the digital sector (the Digital Markets Act, DMA). Based on Booking’s self-assessment that it satisfies the relevant thresholds, the Commission determined that Booking’s core platform service is an essential gateway, as such, effectively connecting businesses and consumers. At the same time, the Commission decided not to designate X Ads and Tik Tok Ads......
Elisabeth Regina Maria Gabriele von Pezold v Republic of Zimbabwe [2023] MLJU 2657 What are the practical implications of this case? Although Malaysia has appeared as respondent in three ICSID arbitrations so far, no party had previously sought recognition of an award under the ICSID Convention before this ruling. That fact, by itself, renders the Malaysian High Court’s decision noteworthy and consequential. The court emphasised that the lack of a specific procedural regime for enforcing ICSID awards in Malaysia is immaterial—the courts may fashion suitable procedures where required, adapting or modifying existing processes to bridge any procedural gaps. In addition, where a party asks only for recognition of an arbitral award, there is no obligation to identify assets, trace property, or point to executable targets. Taken together, these clarifications underline the decision’s practical significance nationally......
Joint letter from Presidents of Employment Tribunals: Employment Tribunals Reform Project— Action required (10 May 2024) HMCTS: Employment Tribunal Reform Project— Urgent update for ET professional users ( May 2024) What are the practical implications of this development? Professional users—namely solicitors, barristers, advocates and regulated professional representatives with a Companies House number—who have not yet enrolled with My HMCTS should do so without delay. From 30 May 2024, any professional representative intending to submit a claim online in the following locations must use My HMCTS: Scotland Leeds Midlands East South West England Any of the three London offices This requirement will apply to all remaining offices in England and Wales as the national roll-out progresses over the next two months. Professional users should note that activating a My HMCTS account can take up to five days... What is the...
The criminal courts quarterly statistics for the fourth quarter of 2023 Published at the end of March 2024, the latest Q4 2023 release shows 18,045 criminal cases have been waiting a year or longer—an astonishing tally. That accounts for 28% of the pending caseload (just under the record 29%), underlining the steep struggle practitioners face to get matters listed. Earlier this year, Law Society president Nick Emmerson said years of cuts and underinvestment have produced a courts crisis: there are simply too few judges, lawyers and staff to tackle the mounting queue, causing unacceptable delays for victims, witnesses and defendants. Civil court data from October to December 2023 also paint a bleak picture, with the average time to reach trial rising by 4.3 weeks for small claims and 6.9 weeks for multi- or fast-track cases compared with the same quarter in 2022,...
Sitting as a High Court judge, Nigel Cooper KC found in favour of Premia Reinsurance Ltd and Arch Reinsurance Ltd, deciding they were entitled to insist that a £1m cap in an expenses clause within their agreement with Am Trust International Insurance Ltd did, in fact, apply to fees they must meet for the insurer. Cooper stated that the claimants’ construction was correct and that the expenses they are required to pay fall under the £1m cap. The reinsurers brought a claim against Am Trust in 2022. The pair explained that, in 2019, they had reached an arrangement with Am Trust to acquire the economic interest in the 2017 and 2018 years of account of Lloyd’s Syndicate 1861......
Speaking at one of the world’s largest cybersecurity gatherings in San Francisco, EDPB chair Anu Talus cautioned that the AI Act, finalised late last year, sets a headline sanction of 7 percent of global revenues that should not be directly equated with the EU General Data Protection Regulation’s top 4 percent. While the AI Act’s penalties are, as she put it, ‘a very significant deterrent’, they need to be considered in a wider context. Talus explained that these maximum levels only attach to uses of AI that are expressly prohibited, such as emotion recognition at work and within educational institutions, as well as social scoring based on social behaviour or personal characteristics. These, she stressed, are precisely the scenarios in which deploying AI could lead to genuinely serious consequences, underscoring why the ceiling is set so high for such banned...
Delivering a unanimous ruling, the appellate court found that the insurer Mediterranean and Gulf Cooperative Insurance and Reinsurance Co ( Medgulf) bears no responsibility for damages claimed by Technip Saudi Arabia Ltd. Technip sought partial recovery of a US$25m payment it was required to make after a supply vessel it operated struck an oil platform in the Persian Gulf. The engineering firm attempted to overturn a July 2023 High Court judgment, which held that Medgulf did not need to pay because the circumstances of the collision were captured by an exclusion in the policy. The Court of Appeal confirmed the earlier decision as stated......
The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) Enacted in October 2023, the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) introduces a new requirement for large companies and businesses to establish 'reasonable procedures' to shield themselves from prosecution for a failure to prevent fraud. This closely aligns with the UK's Bribery Act 2010, under which organisations can face charges for not preventing bribery. Junior Home Office minister Andrew Sharpe told the House of Lords, Parliament’s upper chamber, that guidance might arrive within weeks. ' The government......
One of the Big Four advisory firms stated that rises in premiums could be more modest amid softer inflation. It also said this may translate into a rise in people’s take-home pay, which might spur purchases of higher-priced goods that can be insured. According to the Office for National Statistics, the inflation rate stood at 3.8% on 17 April 2024. Martina Neary, EY’s UK insurance leader, observed that the trading environment has been hugely challenging for insurers and customers over recent years......
Advocate General Maciej Szpunar stated in a non-binding view that video game developers (in this instance, Sony Computer Entertainment Europe Ltd) should not be permitted to prevent external companies from creating cheat software tools that adjust the manner a game operates, since such tools do not modify the copyright-protected source code. Szpunar rejected Sony’s “illusory” contention that its monopoly over the game code extends to encompass the way in which the game plays out in practice, including effort to prohibit cheat programmes that make the game easier for the user. “ In the same fashion, the author of a detective novel cannot forbid a reader from turning to the end of book to see who the killer is,......
Greencoat stated that the aim of the programme, due to conclude by 8 November 2024, is to lower its share capital. All such shares repurchased on the Euronext Dublin exchange will then be cancelled. Counsel details for the European owner and operator of renewable energy infrastructure assets were not available straightaway publicly. The infrastructure firm noted that J& E Davy, among Ireland’s largest asset managers and financial advisers, together with RBC Europe Ltd, are acting as principals for the process. Greencoat intends to fund the programme via operating cash flow......
UPDATED : The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024, SI 2024/713 Signed off on 24 May 2024. The UK signed the convention on 12 January 2024 ( LNB News 12/01/2024 46: UK signs the Hague Judgments Convention). Since that point, work has continued to finalise amendments to existing legislation, establishing the legal framework required to enable the convention to operate. The different aspects of this are addressed by: The Civil Procedure ( Amendment No 2) Rules 2024, SI 2024/595—these rules amend Part 74 of the CPR, notably to allow registration of foreign judgments under the convention and to provide for certificates for judgments of England and Wales for enforcement in other countries that are contracting states to the convention. Further, the amendments also revise existing provisions in the rules for the Hague Choice of Court Agreements...
What is this report about? HM Crown Prosecution Service Inspectorate ( HMCPSI) has completed an inspection into how the Serious Fraud Office ( SFO) manages disclosure. Although planned in advance, the exercise was expedited after the SFO’s well‑publicised decision to present no evidence in its case against three former G4S executives. The SFO had earlier obtained approval for a Deferred Prosecution Agreement ( DPA) against G4S. Significantly, the report traverses similar territory to two 2022 reports by Sir David Calvert‑ Smith and Brian Altman KC, which examined disclosure failings stemming from the Unaoil and G4S matters, as well as an HMCPSI case progression inspection in May 2023. To evaluate the SFO’s fulfilment of its disclosure duties, inspectors scrutinised the SFO’s handling of two matters – the successful prosecution of the Balli Group Companies and the unsuccessful prosecution of the G4S...
Beyond the items reported in detail in the Financial Services news feed on 10 May 2024, subscribers might also wish to note the following further developments: FCA Decision Notice: OPTIMUM AUTO GROUP LTD 3N Management Ltd Mc Hughs Tyres and Fuel LTD Greenbank Caravans & Trailers Limited PC Autos Hire and Repair LTD UK Parliament: 14 May 2024 - Are the UK’s Russian financial sanctions working? - Oral evidence Alongside our daily and weekly alerts, Financial Services subscribers may opt to receive intraday updates at midday and again at the close of the day, offering a real-time digest of the latest...
R ( TTT) v Michaela Community Schools Trust [2024] EWHC 843 ( Admin) What are the practical implications of this case? The ruling concerns a particular school with a secular ethos and an idiosyncratic disciplinary approach—often labelled the ‘strictest school in Britain’—together with a defined policy on prayer rituals that was introduced urgently by the headteacher and subsequently adopted by the governing body. Despite its specific context, the decision provides a valuable examination of the protections afforded by Article 9 of the ECHR, section 19 Eq A 2010 and section 149 Eq A 2010. It further illustrates how the court interrogates a school’s decision-making processes, including its treatment of relevant facts and legal questions. Understanding the court’s analysis will aid lawyers advising any educational institution, employer or service provider who must grapple with which restrictions may lawfully be placed on a pupil, employee or...
Mergers The CMA has published a notice extending the inquiry timetable under section 39(4) of the Enterprise Act 2002, connected to its continuing phase 2 probe into the Vodafone/ CK Hutchison JV—see further, case page The CMA has opened a phase 1 review regarding the proposed acquisition by Thermo Fisher Scientific Inc. of Olink Holing AB—see further, case page NOTE— For all live mergers before the CMA, see further, UK mergers—ongoing cases tracker Upcoming dates For dates of forthcoming UK competition developments, see further, UK Competition calendar......
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
