In-House Insights

The CJEU’s Pelham II ruling provides long-awaited clarity on the scope of the pastiche exception, confirming it requires a recognisable creative dialogue with the original work - not mere imitation. UK case law reinforces that the defence will fail where works replicate or deceive rather than transform. As AI-generated content grows, the decision sharpens focus on human creativity and whether outputs truly engage with, rather than substitute for, existing works.

The Court of Appeal has handed down an important judgment (RTM v Bonne Terre Ltd & Anor) on the meaning of “consent” in the context of data protection and ePrivacy law.

The conflict in Iran is creating wide-ranging insurance challenges, from supply chain disruption and rising energy costs to complex claims across aviation, marine, cyber and property lines. As losses mount, businesses must carefully assess coverage and potential gaps.

ESG developments in early 2026 highlight rising tensions between corporate accountability and activist pressure, alongside increasing regulatory divergence across jurisdictions. Key legal cases and reforms are reshaping the risk landscape for multinational organisations.