European Union: Litigation, Mediation & Arbitration

A legal analysis examines whether banks should bear liability for losses on pledged items when client orders to liquidate managed investments are not executed before the bank enters resolution proceedings. The fiduciary nature of the managed investment relationship raises critical questions about the bank's duty of care and the timing of order execution in relation to institutional failure.

A Danish Supreme Court case examines whether a bankruptcy trustee from Gorrissen Federspiel can be held liable for failing to pursue clawback claims against a financial clearingbroker involving over $64 million in financial security arrangements. The dispute centers on whether supplementary securities provided through P/E calls were protected under securities trading law and whether the clearingbroker actually gained any economic benefit that could be subject to bankruptcy clawback provisions.

Work at height remains one of the most dangerous occupations despite technological advances, with falls from scaffolding, cranes, and platforms continuing to cause fatal workplace accidents. Understanding the complex web of legal liability—from employers to equipment owners—and knowing the compensation rights available to surviving families becomes crucial when tragedy strikes on construction sites and elevated workspaces.

The Irish High Court has clarified the standards for material non-disclosure in ex parte Letters Rogatory applications, examining when procedural omissions warrant setting aside judicial assistance orders. This decision explores the balance between full disclosure obligations and the court's discretion to maintain orders where non-disclosure was inadvertent and no prejudice resulted.

The High Court examined whether an order giving effect to Letters Rogatory should be set aside due to alleged material non-disclosure and claims of oppression. The case arose from a dispute over the sale of the World Marathon Challenge event, involving intellectual property rights and parallel proceedings in multiple jurisdictions.

The High Court has granted a Norwich Pharmacal order, directing RTÉ (Ireland’s national public broadcaster) to disclose unedited footage captured as part of an undercover investigation into alleged failures of care at two Irish nursing homes.

This decision is the first resolution of the Superior Courts in the Irish jurisdiction to address whether the provisions of section 26(1) of the Civil Liability and Courts Act 2004 can be extended to apply in proceedings where an unverified claim for loss of earnings is jettisoned without any explanation prior to the commencement of the trial.

When a person dies because of someone else’s negligence, the family will usually have two questions first: who can claim, and what can be recovered? The answer is not always straightforward. The claim for the family’s lost support is different from a claim made by the deceased’s estate for losses suffered before death.

Tourists injured during holidays in Cyprus often face legal uncertainty when they return home, unsure whether claims can be pursued from abroad or how to navigate local liability laws. Understanding the Civil Wrongs Law, identifying proper defendants, and preserving evidence promptly are essential steps in pursuing compensation for accidents at hotels, resorts, or during excursions. Cyprus lawyers can conduct investigations and claims remotely, but time limits and evidentiary requirements demand swift actio

Belgium's new Book 7 of the Civil Code preserves the existing hotel operator liability regime unchanged due to international treaty obligations under the 1962 Paris Convention. The restructured provisions maintain liability caps, mandatory safekeeping duties, and unlimited liability exceptions that have governed the hospitality sector since 1970.

Belgium's House of Representatives has definitively approved Book 7 of the Civil Code, introducing significant reforms to construction contract legislation that will enter into force in September 2027. The final legislation includes several important refinements to the February 2025 proposal, including changes to pre-existing circumstances tests, conformity defect notification rules, and limitation periods. Businesses concluding construction contracts must carefully review and revise their existing contract

A defendant may have a sound answer to a claim and still face judgment if the court papers go unanswered. Once proceedings have been served, the first priority is to establish the deadline for responding. The merits of the dispute can then be examined without the defence being put at risk by a missed procedural step.