Lunak Heavy Industries (UK) Ltd and another (Respondents) v Tyburn Film Productions Limited (Appellant)

Case summary

Case ID

UKSC/2026/0014

Parties

Appellant(s)

Tyburn Film Productions Limited

Respondent(s)

(1) Lunak Heavy Industries (UK) Ltd and (2) Lucasfilm Ltd LLC

Issue

Person A contracts with Person B to allow Person B an exclusive right. Person A breaches its contract with Person B by reaching an incompatible contract with person C. Person C profits from the contract. Can person B in principle bring an unjust enrichment claim against person C?

Facts

In the original 1977 ‘Star Wars’ film, Grand Moff Tarkin commands the Death Star. Grand Moff Tarkin was played by Peter Cushing, a distinguished British actor. Mr Cushing died in 1994. In 2016 Lunak Heavy Industries (UK) Ltd and LucasFilm Ltd LLC (“the respondents”) produced a prequel to the original Star Wars film, ‘Rogue One: A Star Wars Story’. The respondents wished to revive the character of Grand Moff Tarkin in this film and therefore reached an agreement on the use of Mr Cushing’s image with his estate in 2016. The respondents then used computer special effects to recreate Mr Cushing’s likeness in the film. In 1993 Mr Cushing agreed to participate in a film produced by Tyburn Film Productions Limited (‘the appellant’). Mr Cushing was gravely ill at the time and it was feared that he might be unable to complete filming. Mr Cushing therefore agreed that the appellant could use computer imagery, prosthetics, and other special effects techniques to supplement his performance. It was also agreed that if for any reason the appellant’s film were not completed, Mr Cushing would not permit his ‘participation in any film or programme whereby Mr Cushing appears… by way of Mr Cushing being reproduced by’ special effects without the appellant’s consent. The appellant’s film was never completed. The appellant argues that because of the 1993 agreement Mr Cushing’s estate had no right to contract with the respondents to allow the recreation of Mr Cushing’s likeness in ‘Rogue One: A Star Wars Story’ without its prior consent. The appellant brought claims against Mr Cushing’s estate for breach of contract and against the respondents under the law of unjust enrichment. The appellant’s claim against Mr Cushing’s estate has been settled by agreement. The respondents applied to strike out the claim against them on the basis that, even on the appellant’s case, on the basis that there had been no transfer of value from the appellant to the respondents. The respondents’ application for strike out was dismissed by a High Court Master and Deputy High Court judge but succeeded on appeal to the Court of Appeal. The appellant now appeals to the Supreme Court.

Date of issue

11 February 2026

Case origin

PTA

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