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England and Wales decisions
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Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd [2025] EWCA Civ 1643 (18 December 2025)
The Court of Appeal struck out Tyburn’s unjust enrichment claim, holding the appellants’ benefit from Rogue One was not obtained at Tyburn’s expense.
The Court of Appeal struck out Tyburn’s unjust enrichment claim against Lunak and Lucasfilm, holding there was no transfer of value from Tyburn to them.
The Upper Tribunal refused BRL permission to appeal on Ground 3 in an IR35 dispute about Bryan Robson’s Manchester United ambassador agreement.
The Appellant was personally entitled to the sponsorship payments under the agreements, which were made directly with him and not his company. The assignment agreement only transferred intellectual property rights, not the right to provide personal services or receive payments. The Tribunal found no evidence of lawful assignment of contract benefits to the company. The Appellant is liable to income tax on the payments under ss 5 and 8 ITTOIA 2005. The Tribunal lacks jurisdiction to consider legitimate expectation arguments; even if it did, no clear, unambiguous representation was made by HMRC.
Source excerpt
Consideration under the Ambassador Agreement is to be apportioned: sums attributable to image rights fall outside IR35 and are not taxable as employment income; the balance, attributable to personal services, falls within IR35 as, under the hypothetical contract, Mr Robson would be an employee of MUFC. The hypothetical contract, reflecting the actual terms and circumstances, demonstrates sufficient mutuality of obligation and control, and the overall relationship is consistent with employment.
Source excerpt
The High Court held there was no concluded contract before signature by all parties and struck out the claim, also rejecting the alternative good-faith negotiation claim.
Fenty & Ors v Arcadia Group Brands Ltd & Anor [2015] EWCA Civ 38 (03 February 2015)
The Court of Appeal dismissed an appeal on costs in a passing off dispute, holding that the claimants were the successful parties and the judge’s costs order was a proper exercise of discretion.
Fenty & Ors v Arcadia Group Brands Ltd & Anor [2015] EWCA Civ 3 (22 January 2015)
Court of Appeal held that Topshop’s sale of a Rihanna t-shirt amounted to passing off by false endorsement in the particular facts of the case.
Fenty & Ors v Arcadia Group Brands Ltd (t/a Topshop) & Anor [2013] EWHC 2310 (Ch) (31 July 2013)
The High Court held that Topshop’s sale of a Rihanna image T-shirt amounted to passing off because the overall context suggested unauthorized endorsement.
Proactive Sports Management Ltd v Rooney & Ors [2011] EWCA Civ 1444 (01 December 2011)
The Court of Appeal held that Proactive was entitled to post-termination commission on contracts it procured, but that the IRRA was unenforceable as an unreasonable restraint of trade.
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