Europe: Litigation, Mediation & Arbitration

High value personal injury claims are complex, and the evidence experts provide is crucial to achieving optimum outcomes for those injured.

A recent prosecution has once again highlighted the devastating consequences that can arise from inadequate safety measures on construction sites.

Assessing the full impact of brain injury sustained by children in personal injury compensation claims can be challenging. Not least because unlike adults, they are still going through the various developmental stages.

In the recent case of B v S, the court considered the nature and effect of Scott v Avery clauses, which provide that an arbitration award is a condition precedent to the right to bring any court action.

In Abu Dhabi Investment Company & ors v. H. Clarkson & Company & ors (26 June 2008) the Court of Appeal has held that a special purpose vehicle created by joint venture partners may bring a claim in misrepresentation even where it was not formed when the representation was made.

The Court of Appeal has examined the extent to which FSA interview transcripts and other material gathered during the course of an FSA investigation is confidential to interviewees and their employers. The decision highlights risks for firms involved in FSA investigation/enforcement processes where they may be facing overlapping civil claims.

Earlier this week, Apple's CEO Tim Cook and Samsung's CEO Choi Gee–Sung met in San Francisco to explore ways to settle their differences.

As we have previously reported, the proposal for a unified patent litigation system for the EU in its current form has met with concern from judges, practitioners and industry alike.

Although Specsavers had been broadly successful at first instance, the Court of Appeal has partially overturned a decision of the High Court, finding that additional aspects of a marketing campaign by Asda, targeted at customers of Specsavers, infringed Specsavers’ word and logo marks.

On 10 May 2012 European Court of Justice has given a significant judgment (Santander) concerning withholding tax.

The reconciliation procedure which is a new concept for Turkish Customs disputes is introduced by the Regulation on Customs Reconciliation ("Regulation") that came into force on August 31, 2011.

The former Bailiff of Jersey, Sir Philip Bailhache has recently delivered a judgment in In re R [2011] JRC 117 which declines to follow the English Court of Appeal’s test for mistake established in Pitt v Holt .