European Union: Litigation, Mediation & Arbitration

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

Evidence of this is readily available in the U.S., where Novo Nordisk is currently facing multiple class action lawsuits from investors alleging disclosure failures relating to GLP-1 products and the weight-loss drug CagriSema.

Ireland's collective litigation landscape is rapidly evolving with new qualified entities joining the register and the country's first representative action proceeding to trial. As third-party litigation funding recommendations loom on the horizon, businesses face an increasingly complex legal environment that demands careful attention to potential exposure and strategic risk assessment.

Third-party litigation funding (TPLF) is a financial arrangement under which an external investor provides capital to cover the costs of legal proceedings in return for a share of the proceeds if the case succeeds.

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.

Germany's highest civil court has ruled that an unlicensed sample from Kraftwerk's 1977 track "Metall auf Metall" used in a hip hop song qualifies as lawful pastiche under EU copyright law. This landmark decision, concluding a nearly 30-year legal dispute, establishes new parameters for when sampling can constitute creative engagement rather than mere copying, though it stops short of providing blanket protection for all unauthorized samples.

Under Danish construction law, daily penalties serve as contractual remedies for contractor delays, but employers must meet strict formal requirements to enforce them. Recent arbitration decisions reveal that even when contractors are responsible for delays, failure to properly document the delay or provide timely notice can result in the complete loss of penalty claims. What procedural safeguards must employers implement to preserve their right to daily penalties under AB18?

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.