European Union: Litigation, Mediation & Arbitration

A legal analysis examines whether banks should bear liability for losses on pledged items when client orders to liquidate managed investments are not executed before the bank enters resolution proceedings. The fiduciary nature of the managed investment relationship raises critical questions about the bank's duty of care and the timing of order execution in relation to institutional failure.

A Danish Supreme Court case examines whether a bankruptcy trustee from Gorrissen Federspiel can be held liable for failing to pursue clawback claims against a financial clearingbroker involving over $64 million in financial security arrangements. The dispute centers on whether supplementary securities provided through P/E calls were protected under securities trading law and whether the clearingbroker actually gained any economic benefit that could be subject to bankruptcy clawback provisions.

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.

With effect from 1 October 2026, specific Family Court Proceedings Regulations, enacted by virtue of Regulation 216 of 2026, have come into effect, hence replacing the previous procedural regime. The aim of the new Regulations is to establish a more structured framework for family proceedings. The main novelties are, emphasis on early disclosure of financials and proposals, imposition of mediation timelines, structured representation of children, and multi-disciplinary support for the parties, minors and third parties involved in the process.

In Part 1 of this series, we examined the broader objectives underpinning the Family Court Proceedings Regulations, including the enhanced role of mediators, the introduction of Support Persons, and the strengthened safeguards aimed at protecting the best interests of children and supporting families throughout judicial proceedings.

El Tribunal Supremo establece que las diligencias preliminares constituyen el cauce procesal exclusivo para solicitar documentación bancaria cuando el objetivo es preparar un juicio posterior.

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.

Ireland's new High Court rules establish a clear procedural framework for representative consumer actions, while the landmark ICCL v Microsoft case clarifies key questions about admissibility requirements and the burden of proof under GDPR. These developments provide businesses and qualified entities with greater certainty about how collective redress claims will be conducted, though significant cost barriers remain despite the new court fee exemption.

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.