European Union: Litigation, Mediation & Arbitration

Hermès a fermement réagi aux détournements « humoristiques » de ses célèbres sacs Birkin et Kelly, rappelant aux imitateurs potentiels que l’humour et la parodie ne constituent pas une autorisation de porter atteinte à une marque, comme l’explique Niké Mion.

Rule 296.3 RoP is to be understood to mean that, after stayed proceedings are resumed, the applicable time limits continue to run from the date of the order resuming the proceedings, taking into account the time limits that had already expired prior to the stay of the proceedings.

An order to preserve evidence pursuant to Art. 60 UPCA also allows for the seizure of promotional and commercial documents (potentially) proving infringing activities and is not limited to documents concerning the technical details of the product or process in question.

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 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.

The Unified Patent Court's Local Division in Düsseldorf addresses procedural matters concerning inspection and preservation of evidence in a patent dispute between Danish company Topsoe A/S and German respondents SYPOX GmbH and Josef Kerner Energiewirtschafts-GmbH. The case involves questions regarding the release of detailed descriptions and protection of confidential information under Articles 58 and 60 of the UPCA.

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.

Imagine a business that is under pressure. Sales have dipped. A key contract is at risk. Cash is tight. The board meets and, after honest analysis, concludes the company faces a likelihood of insolvency — that is, a state of financial difficulty falling short of actual insolvency but sufficiently serious to warrant early intervention — unless decisive action is taken.

When a Cyprus company defaults on payment, creditors face a critical challenge: securing assets before they disappear. This analysis examines the strategic steps creditors must take—from evidence gathering and corporate due diligence to freezing orders and disclosure remedies—to maximize recovery prospects before judgment becomes meaningless.

Securing a court judgment against a Cyprus company is only the beginning of the recovery process. The real challenge lies in identifying available assets and implementing effective enforcement measures, whether through writs of execution, garnishee proceedings, charging orders, or insolvency proceedings, while coordinating strategies across multiple jurisdictions.