Europe: Litigation, Mediation & Arbitration

The first case to be heard on the validity of Living Wills (also known as advance decisions) since the Mental Capacity Act 2005 came into force in 2007 has recently come before the Court of Protection.

A recent case at the European Court of Justice can have important consequences for imports of accessories and disposables for medical devices, as these may be subject to a customs tariff of 6.5 percent.

EU member states are not under all circumstances allowed to restrict the sale of medical devices to only brick-and-mortar shops that specialise in medical devices.

On 16 September 2011, the Polish Parliament adopted a significant amendment to the Polish Civil Procedure Code (the "Code").

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 Court of Appeal in the case of "Bhata", a case 'of general application', criticised the approach of Administrative Court Judges to relief and costs and forcefully restated the principle that their judgments represent the law until and unless they are overturned.

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 21 March 2012, The Supreme Court unanimously overturned the decision of the Court of Appeal in the case of Flood v. Times Newspapers Limited.

On 3 February 2012, the English High Court (Kitchin LJ) handed down its judgment in the case of Football Association Premier League Ltd and Others v QC Leisure and Others [2012] EWHC 108 (Ch).

On 3 February 2012, the English High Court (Kitchin LJ) handed down its judgment in the case of Football Association Premier League Ltd and Others v QC Leisure and Others [2012] EWHC 108 (Ch). No doubt this will be swiftly followed by a parallel decision in the criminal proceedings against the Southsea pub landlady, Mrs Murphy.