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NEWS
Private Client analysis: What does the ruling in Ilott v Mitson mean for charities? Helena Wilkinson, partner and head of charities and not for profit at Price Bailey Chartered Accountants, and Sarah Eden, solicitor in the dispute resolution team at Stone King, consider the risk this judgment poses to charities who rely on legacies to form a significant part of their income.
GLOSSARY
An electronic image of a printed page, that is, a picture of a document.
NEWS
IP & IT analysis: With the growth of CGI and digital technologies, what can celebrities do to protect their image rights after their death? The Image Lawyer, Gary Assim, a partner in Shoosmiths national retail and intellectual property and creative industry groups, considers the protection of image rights following reports that the late actor Robin Williams has restricted the use of his image for the next 25 years.
NEWS
IP & IT analysis: Footballing legend, Pelé is reportedly suing Samsung in response to an advertisement which allegedly contained an unauthorised use of his ‘likeness’. Jeremy Blum, partner, and Tim Heaps, associate at Bristows, examine the legal issues at hand.
PRACTICE NOTES
FORTHCOMING CHANGE: it was announced at Budget 2025 that the government will legislate in Finance Bill 2026–27 to ‘clarify’ the tax treatment of image rights. The intention is to ensure that all image rights payments related to an employment are treated as taxable employment income and subject to income tax and both employer and employee National Insurance contributions (NICs) with effect from 6 April 2027. This Practice Note focuses on the commercial protection, exploitation and taxation of image rights in the UK. While it covers some laws which can be employed to protect an individual’s privacy (including breach of confidence, data protection, and defamation), it does so within the context of commercial exploitation and protection of a celebrity’s image. For detailed guidance on misuse of private information, see Practice Note: Privacy law—misuse of private information. Famous sportspeople, entertainers and other celebrities derive substantial income from allowing themselves to be commercially associated with brands. It is big business, very big business,
GLOSSARY
This makes an exact copy of all the electronically stored information on the drive including metadata, system data, deleted documents and empty space.
PRECEDENTS
ARCHIVED: This Precedent has been archived. It is based on a draft imaging order which was annexed to Practice Direction 25A. That practice direction, along with its annexes, was revoked with effect from 6 April 2025 and the draft imaging order was replaced by a model search and imaging order. For guidance, see Practice Note: The model search and imaging order (from 6 April 2025). Claim No. [insert claim number] IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge ][insert name] [sitting as a Judge of the High Court] [insert date] between: [insert name] Applicant and [insert name] Respondent [The Claimant and Defendant in an Intended Action] [Name address and reference of Respondent] _______________________________________ [ Draft ] imaging ORDER _______________________________________ PENAL NOTICE If you [(name of respondent)] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized. Any other person who knows of this order and does anything which helps or permits the Respondent to breach the terms of this order may
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived. It is based on a draft imaging order which was annexed to Practice Direction 25A. That Practice Direction, along with its annexes, was revoked with effect from 6 April 2025 and the draft imaging order was replaced by a model search and imaging order. For guidance, see Practice Note: The model search and imaging order (from 6 April 2025). Note that the guidance in this Practice Note concerns the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below. This Practice Note addresses the origins of, and rationale for, imaging orders, as well as providing guidance on the example form of imaging order added to CPR PD 25A, Annex B from 6 April 2022 (referred to throughout this Practice Note as the ‘standard imaging order’). Much of the approach to applications for search orders is likely to be of relevance to an application
NEWS
Dispute Resolution analysis: The High Court varied, but refused to discharge, an imaging order obtained against a departing employee alleged to have retained confidential technical material. Following the return date hearing, the judge concluded that the high threshold for without notice imaging relief had been met by the employer, but the provision of information obligations in the order had not been tailored to the issues in dispute and should be varied. In addition, the court reaffirmed that imaging is a preservation step and that, absent sufficient justification, disclosure should proceed in the normal way. However, having rejected the claimant’s application for access to the imaged material, the judge was prepared to order (and invited the parties to agree directions for) a review of the imaged material to be completed in advance of the first case management conference by the defendant’s solicitors.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 10 October 2013; it is no longer maintained. See further, timeline and commentary. Case facts Outline UK merger investigation into the completed acquisition by Imerys Minerals of the kaolin (china clay) business of Goonvean. Latest developments The CC published its final report on 10 October 2013.The CC has found that the merger would lead to a SLC in relation to the supply of kaolin for performance-mineral applications, but not in respect of any other markets. It concluded that divestiture would be a disproportionate remedy given that only one market is affected–therefore the CC has set a five-year price control, with a price cap until the end of 2015 and an RPI—0.5% cap for 2016-2018. Parties Imerys Minerals Limited and the kaolin (china clay business) of Goonvean Limited. Imerys Minerals is involved in the mining and
PRECEDENTS
This document provides general guidance on the immediate steps following a death and introduces the probate procedure for non-professional personal representatives and bereaved family members. See also Probate—client guide. Your probate practitioner will be able to provide tailored advice based on your specific circumstances. Dealing with the death of a loved one can involve many challenges, both emotional and practical. If you are also a personal representative (PR) officially dealing with the estate (the property and possessions of the person who has died) as either an executor or an administrator, you may find yourself in an unfamiliar situation with unusual and confusing terminology. In the days following a death, there are a number of practicalities which may arise. This note aims to assist you in working out what needs to be dealt with immediately and what can be left for subsequent weeks. Taking time off work On the death of a dependant, you may take unpaid leave to arrange and attend the funeral. You must notify your employer as soon as possible and the time you take must
GLOSSARY
Immigration, in legal practice, concerns the entry into, residence in and departure from a state by individuals who are not nationals of that state, and the regulation of their status, rights and obligations. It encompasses visa applications, leave to enter or remain, asylum and international protection, family and work migration, student routes, detention, removal and deportation, and related appeal and judicial review proceedings. In the UK, immigration is primarily governed by the Immigration Act 1971, the Nationality, Immigration and Asylum Act 2002, the Borders, Citizenship and Immigration Act 2009 and associated Immigration Rules, with case law further refining key concepts (e.g. “lawful residence”, “precarious status”, “proportionality”). In Ireland, immigration is regulated by instruments including the Immigration Act 1999, the Immigration Act 2003, the Immigration Act 2004 and the International Protection Act 2015, together with EU free movement and residence provisions where applicable. The term “immigration” itself is largely descriptive and used consistently across England & Wales, Scotland, Northern Ireland and Ireland. It is central to advisory, compliance and contentious work involving migrants, employers, educational institutions, family members and public authorities.