Europe: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Court Of Appeal, August 17, 2026, Order On Permissibility And Appeal Of Conditional Counterclaims For Revocation, UPC-CoA-40/2026, UPC-CoA-123/2026
The UPC Court of Appeal examines whether conditional counterclaims for patent revocation are permissible under the Unified Patent Court Agreement, and whether such counterclaims constitute separate actions requiring distinct appeals or cross-appeals. The decision addresses the procedural treatment of unfulfilled conditional counterclaims and the circumstances under which courts must rule on their merits.
Georgia Litigation
BP
Bardehle Pagenberg
Article
LD Munich, August 17, 2026, Decision On Conditional Counterclaims For Revocation And Cost Allocation, UPC_CFI_492/2025, UPC_CFI_1309/2025
A Munich Local Division ruling addresses whether a counterclaim for patent revocation that transitions from unconditional to conditional status—dependent on a finding of infringement—remains subject to unconditional limitation requirements under Rule 263.3 of the Rules of Procedure. The case involves Papst Licensing's infringement action against Roborock entities concerning EP 3 030 943, with implications for procedural strategy in UPC patent disputes.
Germany Litigation
BP
Bardehle Pagenberg
Article
Litigation Trends In Sports Disputes
The commercial value of sport has surged in recent years, bringing with it a sharp rise in legal disputes across the sector. From high-stakes broadcasting deals and sponsorship arrangements to complex investment structures and evolving regulatory frameworks, the landscape has become increasingly contentious. Since 2020, sports-related litigation in English courts has increased more than sixfold, with football leading the charge alongside motorsport, horse racing, and other major sports.
United Kingdom Litigation
LS
Lewis Silkin
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Article
Damp, Mould And Housing Disrepair In The Midlands: What Are Tenants' Rights? (17 August 2026)
Tenants across Birmingham and the wider West Midlands face serious health risks from damp and mould in their rented homes, yet many landlords fail to act on repair requests for months or even years. What legal obligations do landlords have to maintain safe housing conditions, and what remedies are available when they refuse to carry out necessary repairs?
United Kingdom Real Estate
DL
Duncan Lewis & Co Solicitors
Article
UK Supreme Court Holds That Foreign States Carrying Out Spyware And Hacking Operations Are Not Entitled To State Immunity From TORT Claims
The UK Supreme Court's narrow 3-2 decision in The Kingdom of Bahrain v Shehabi denies state immunity to foreign governments accused of remotely hacking individuals within UK territory, establishing that cyber surveillance operations causing harm to UK residents fall outside traditional immunity protections. This landmark ruling clarifies the territorial tort exception under the State Immunity Act 1978 and may expose foreign states to liability for state-sponsored cyberattacks targeting UK-based individuals
United Kingdom International
W
WilmerHale
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Article
İş Kazalarında Bünyesel Faktörlerin Hukuki Değerlendirilmesi
Çalışma hayatının günümüz dünyasında geniş bir yer tutmasıyla birlikte iş kazalarıyla da sıklıkla karşılaşılmaktadır. İş kazalarının meydana gelmesinde çalışma koşulları, iş güvenliği önlemleri ve insan kaynaklı etkenler gibi çeşitli faktörler rol oynayabilmektedir. Bu faktörlerden biri de yargı kararlarında sıklıkla tartışma konusu yapılan bünyesel faktörlerdir. Bu bilgi notunda, yargı kararlarında karşımıza çıkan bünyesel faktörler incelenecektir.
Turkey Employment
U
Urey Law Firm
Article
Death At Work During Work At Height: Liability, Compensation And Protection For Families
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.
Italy Employment
BI
Boccadutri International Law Firm
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Article
Shareholder Privilege Rule No Longer Automatically Applies In Ireland
The Irish High Court has ruled that shareholders no longer have an automatic right to access a company's privileged legal advice, abolishing the shareholder rule that previously allowed such disclosure. This landmark decision aligns Irish law with recent developments in England, Wales, and Bermuda, fundamentally reshaping the relationship between corporate privilege and shareholder information rights.
Ireland Litigation
M
Matheson
Article
The Duty To Preserve Documents: GenAI, Litigation Holds And The Disclosure Minefield
As generative AI tools become ubiquitous in the workplace, employers face a critical but often overlooked challenge: preserving AI-generated documents during litigation. This article examines how the duty to preserve evidence extends to GenAI prompts, outputs, and chat histories, and why failing to capture this data could expose organizations to serious legal consequences.
United Kingdom Litigation
LS
Lewis Silkin
Article
Your Witness, Or The Chatbot's? R V FGD On AI And The Prohibition Of Witness Coaching
English courts have reaffirmed that witness coaching is prohibited regardless of method, including through AI chatbots. A recent criminal case examined whether AI-generated documents that rehearsed cross-examination answers constituted impermissible coaching, ultimately finding that while such use violates established principles, procedural safeguards may prevent proceedings from being stayed. The decision raises critical questions about how AI tools intersect with longstanding rules protecting witness test
United Kingdom Litigation
D
Dechert
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Article
Cleared For Take-off: How Ryanair’s Paper Trail Grounded An AI-assisted Claim
A recent Workplace Relations Commission decision highlights the risks of relying on AI-generated legal submissions in employment disputes, as an adjudicator dismissed a former Ryanair cabin crew member's claim after finding he failed to engage substantively with evidence. The case demonstrates how well-documented employer defenses can expose the limitations of AI-drafted claims that lack genuine engagement with contractual and evidential details.
Ireland Employment
M
Matheson
Article
LD Paris, August 19, 2026, Infringement Action With Conditional Counterclaim For Revocation, UPC_CFI_301/2025 And UPC_CFI_713/2025
The Paris Local Division of the Unified Patent Court issued a decision on the merits in an infringement action brought by Orange SA against HMD Global Oy concerning European Patent EP 2 345 029. The case involved jurisdictions across France, Germany, and Italy, with the defendant filing a conditional counterclaim for revocation under Article 33(3) of the UPCA and Article 69 of the EPC.
France IP
BP
Bardehle Pagenberg
Article
CoA Luxemburg, August 13, 2026, Central Revocation Action, UPC_CoA_884/2025 (Appeal From UPC_CFI_231/2024)
The Unified Patent Court's Court of Appeal examines critical questions of patent validity, including whether omitting disclosed features constitutes added matter when functional or structural links exist, and how technical effects factor into determining essential features for inventive step analysis. The decision also addresses procedural boundaries for raising new legal arguments on appeal.
France IP
BP
Bardehle Pagenberg
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