Europe: Litigation, Mediation & Arbitration

Recent UK case law demonstrates how experimental evidence can decisively influence patent disputes on infringement and validity, but only when parties navigate strict procedural requirements, proportionate disclosure obligations, and careful alignment with patent specifications. Courts increasingly scrutinize the design, statistical rigor, and relevance of experiments while maintaining pragmatic standards for admissibility versus persuasiveness.

Facing harassment allegations requires careful handling to avoid worsening your legal position. Understanding what constitutes harassment under the Protection from Harassment Act 1997, preserving crucial evidence, and knowing when to seek professional legal representation can significantly impact the outcome of your case.

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.

Piers Morgan has threatened legal action against Earl Charles Spencer over claims in his memoir 'Swan Song: Diana, My Sister' that falsely attributed intrusive photographs of Princess Diana to Morgan's editorship. The Earl swiftly apologized for the factual error, raising questions about how early apologies and offers of amends might affect potential defamation proceedings and damage awards.

AI has fundamentally altered how reputation is shaped, with AI-powered search engines now delivering authoritative-seeming summaries rather than traditional search results. From deepfakes and voice cloning to coordinated review bombing and bot-driven harassment campaigns, the threats are evolving rapidly—but so are the defensive tools available to those who understand how to deploy them strategically.

AI-generated content poses unprecedented reputational threats, from deepfakes to coordinated bot campaigns. While English law lacks AI-specific remedies, existing legal frameworks—including harassment protections, defamation claims, and the Online Safety Act 2023—offer powerful tools for those who act decisively. The emerging question of AI liability itself remains untested, focusing attention on the human decisions behind AI deployment.

The Law Commission is considering whether the UK should introduce a new opt-out class action regime to make it easier for groups of consumers to bring claims relating to unlawful business practices. This potential reform could significantly change how large-scale consumer claims are handled, particularly where many people have been affected by the same conduct, though questions remain about how to ensure compensation reaches those entitled to it.

Drawing on Herbert Smith Freehills Kramer’s experience acting in many of the leading class actions before the English courts, this book provides practical guidance for practitioners, clients and others navigating this rapidly evolving area of litigation.

Welcome to the Autumn 2026 edition of our biannual Banking Litigation Update, in which we highlight the most important cases and developments affecting UK financial institutions over the past six months.

The Court of Appeal reviews ex officio whether a statement of appeal is validly signed under R. 224, R. 4.1 RoP, irrespective of when a party raises the objection

Cauda equina syndrome requires emergency treatment, but the 48-hour timeframe often discussed can be misleading. What matters most is whether treatment occurs before the condition progresses from incomplete cauda equina syndrome (CESI) to the more advanced stage with urinary retention (CESR). Understanding the early warning signs and the critical window for intervention can make the difference between recovery and permanent disability.

The market for legal advice in Denmark has for decades benefited from a natural barrier to entry: mastering Danish law. AI is beginning to lower that barrier.