Litigation
“Matheson’s disputes resolution team understand that disputes can be costly and disruptive, so they strive to resolve them efficiently and effectively, whether through negotiation, mediation, arbitration, or litigation. Their team has a proven track record of success in handling a wide range of complex disputes, including commercial litigation, construction disputes, intellectual property disputes, and regulatory investigations.”
Dispute Resolution: The European Legal 500 2025
Defamation (Amendment) Bill – Continued Progression
We are continuing to track the passage of the Defamation (Amendment) Bill 2024 (the “Defamation Bill”) through the Oireachtas, with the proposal to abolish juries from High Court defamation actions continuing to be a focus of debate (see the report stage debate in the Dáil on 2 July 2025 and the second stage and committee stage debates in the Seanad on 9 and 17 July 2025 respectively). Currently provision for the abolition of juries remains in the draft bill, which is now at Third Stage in the Seanad. For further discussion of the changes envisaged by the bill, see our Matheson Insight here.
Cross-border Enforcement – Hague Judgments Convention Enters into Force for the UK
Following its ratification of the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the "Hague Judgments Convention") in June last year, the Hague Judgments Convention has now entered in force for the UK. As we have noted in previous updates, the Hague Judgments Convention 2019 seeks to provide a framework for the international recognition and enforcement of civil or commercial foreign judgments, and complements the Hague Convention of 30 June 2005 on Choice of Court Agreements. This development is of significance because this provides an additional reciprocal framework for recognition and enforcement of judgments between the EU and the UK in the post Brexit era.
See here for further information, as well as previous discussion in our Matheson Insight here.
Digital Services Act – Recent Developments
New harmonised transparency reporting rules under the Digital Services Act ("DSA") came into effect on 1 July 2025. These harmonise the reporting format, content and periods for the annual transparency reports on content moderation practices that have been required to be published by providers of intermediary services under the DSA since 17 February 2024. For further details, see this European Commission press release.
The European Commission has adopted a delegated act on data access under the DSA. The new rules facilitate vetted researchers to access the internal data of Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) to facilitate research on systemic risks and mitigation measures in the EU. The Commission has also launched a dedicated DSA data access portal to administer data access applications. For further details, see this European Commission press release.
As mentioned in our May update, the European Commission has published guidelines on the protection of minors under the DSA. The guidelines, which are voluntary, set out a non-exhaustive list of recommendations for all online platforms that are accessible to children and young people. The intention is for the guidelines to be used by the European Commission to assess compliance with Article 28(1) of the DSA and may inform national regulators in their enforcement actions. For further details, see this European Commission press release.
ADR – Reform of Existing ADR Directive
The European Council and European Parliament have reached a provisional agreement to modernise the existing alternative dispute resolution ("ADR") framework. The changes, which are intended to encourage increased participation in ADR by businesses, are intended to simplify the current rules as well as to make them more suited to the digital age. Both institutions still need to finally adopt the agreement and we will continue to monitor its progress. For further details see European Council press release here, as well as European Parliament press release here.
