Syntorr LP v. Arthrex Inc., Arthrex GmbH, Arthrex Distribution Hub EMEA B.V., Order UPC Court of Appeal, 18 February 2026, Case no. UPC_CoA_889/2025
Court of Appeal accepts litigation insurance policy as security for costs.
HEADNOTES
(1) When exercising its discretion under Art. 69(4) UPCA and R.158.1 RoP, the Court must determine, in the light of the facts and arguments brought forward by the parties, whether the financial position of the claimant gives rise to a legitimate and real concern that a possible order for costs may not be recoverable and/or the likelihood that a possible order for costs by the UPC may not, or in an unduly burdensome way, be enforceable.
(2) A litigation insurance that covers the legal costs of the defendant must be considered when assessing whether the claimant’s financial position gives rise to a concern that a possible order for costs may not be enforceable, or in an unduly burdensome way, by the defendant.
A copy of the Order can be read here.
