European Union: Litigation, Mediation & Arbitration

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.

This article examines the operational framework of Malta's Protection of Adults in Situations of Vulnerability Act, detailing the investigative process triggered by reports of concern, the range of assistance and protective measures available, and the judicial procedures through which intervention orders may be obtained, reviewed and enforced.

The High Court's recent judgment in O'Shaughnessy v Health Service Executive provides crucial guidance on when medical negligence proceedings may be dismissed for want of prosecution, particularly examining the significance of warning letters and the four-year inactivity threshold. Building on the Supreme Court's reformulated principles in Kirwan v Connors, the decision clarifies what procedural steps genuinely interrupt periods of delay and when the burden shifts to plaintiffs to justify continuation of st

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.

The Irish High Court has expanded the scope of Norwich Pharmacal Orders beyond traditional litigation contexts, ruling that RTÉ must disclose unedited undercover footage from nursing homes to support a regulatory investigation. This landmark decision addresses critical questions about when courts can compel third parties to provide information, the boundaries of journalistic material disclosure, and how privacy rights balance against urgent public interest in regulatory enforcement.

The Dutch and American legal systems differ fundamentally in their approach to evidence gathering, with the United States employing an extensive pre-trial discovery process designed to ensure maximum transparency, while the Netherlands relies on a more limited system centered on parties' duty of truthfulness. This comparative analysis explores how these contrasting procedural frameworks shape litigation strategy, witness examination, and the overall conduct of civil proceedings in cross-border disputes.

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.

A Paris division of the Unified Patent Court granted a moderate €100,000 top-up to security for legal costs in a patent infringement case, balancing the defendant's increased defense expenses against the claimant's fundamental right to access justice. The court rejected demands for a much larger security increase, finding that the claimant's status as a micro-enterprise required careful consideration of proportionality principles under EU law.

Cyprus reformed its civil procedure on 1 September 2023 with new rules modelled on the English system, introducing active case management and an overriding objective to handle cases justly and proportionately. How do these reforms change the way civil claims progress through the Cyprus courts, from pre-action protocols through to trial and enforcement?

Luxembourg and Belgium offer robust legal frameworks for arbitration proceedings, with comprehensive procedures for challenging and enforcing arbitral awards. Legal professionals can leverage detailed insights into post-award proceedings, recognition mechanisms, and remedies available through the courts in both jurisdictions.

The UPC Court of Appeal has issued its first comprehensive guidance on handling infringement claims based on non-UPC patent designations, establishing a structured framework for exercising extra-territorial jurisdiction. This landmark decision clarifies when the UPC will accept jurisdiction over foreign patent designations and under what conditions it will rule on infringement, with significant implications for patent holders and multinational defendants operating across European borders.

Matheson's quarterly construction bulletin examines recent developments in Ireland's construction and infrastructure sectors, including the introduction of a simplified Building Energy Rating scale, the practical implications of force majeure clauses amid global conflicts, and key court decisions on construction contract amendments.