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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchPeter Cushing’s likeness was recreated as Grand Moff Tarkin for the 2016 film Rogue One: A Star Wars Story. Tyburn Film Productions sued over that use, arguing that a separate 1993 agreement with Cushing restricted it. The Court of Appeal later struck out Tyburn’s unjust-enrichment claim against the film companies, and the UK Supreme Court refused permission to appeal on 6 May 2026. The Supreme Court did not decide the underlying dispute on its merits or establish a general rule about studios recreating deceased performers.
Why was Disney sued over Peter Cushing in Rogue One?
Cushing played Grand Moff Tarkin in the 1977 Star Wars film and died in 1994. For Rogue One, released in 2016, his likeness was digitally recreated for the character. The film’s producers made an agreement with Cushing’s estate in 2016 for use of his image.
Tyburn Film Productions relied on a different agreement: a 1993 contract with Cushing. Tyburn argued that it restricted the estate from authorizing the later use without Tyburn’s consent. That was Tyburn’s allegation, not a finding that the agreement controlled the film’s use of Cushing’s likeness.
The headline’s reference to Disney is shorthand. The UK Supreme Court case identifies Tyburn as the appellant and Lunak Heavy Industries (UK) Ltd and Lucasfilm Ltd LLC as respondents. Those companies pursued the successful appeal in the Court of Appeal. The dispute focused on whether Tyburn could claim unjust enrichment from film companies that benefited from the alleged breach of its contractual rights.
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What happened in court?
- High Court: The High Court and a deputy High Court judge declined to strike out Tyburn’s unjust-enrichment claim against the companies.
- Court of Appeal, 18 December 2025: Lunak and Lucasfilm appealed. The Court of Appeal allowed their appeal, bringing Tyburn’s unjust-enrichment claim against them to an end at that stage. The judgment is available from the Courts and Tribunals Judiciary.
- UK Supreme Court, 6 May 2026: Tyburn applied for permission to appeal. The Supreme Court refused permission. Its case page records the decision and the issue Tyburn sought to raise: Lunak Heavy Industries (UK) Ltd and another v Tyburn Film Productions Limited.
What did the Supreme Court’s refusal mean?
The Supreme Court described the proposed issue as whether someone whose exclusive right is allegedly breached by another party’s contract can bring an unjust-enrichment claim against a third party that profits from that contract. It refused permission because “The application does not raise an arguable point of law of general public importance which the court ought to hear at this time.”
This was a decision not to hear an appeal, rather than a Supreme Court judgment deciding the legal merits. It left the Court of Appeal’s disposition in place, but did not settle the general law on digital likeness rights or rule broadly on whether studios may recreate deceased performers. The case’s outcome should be read in the context of Tyburn’s particular contract allegations and unjust-enrichment claim.
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Did Cushing’s estate approve his appearance?
The producers made an agreement with Cushing’s estate in 2016 for use of his image. Tyburn’s claim concerned the separate 1993 agreement and its contention that the estate could not authorize the later use without Tyburn’s consent. The court outcomes described above do not amount to a finding that Tyburn’s interpretation of that earlier agreement was correct.
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