News

This is the News page of AMS advocaten.

Contractor hired external advisor without permission?

Contractor hired external advisor without permission?

Contractors often hire external experts to provide specific recommendations and advice. Consider environmental reports with a construction contract, for example, or tax advice during an acquisition. In a recent case in the Netherlands, a law firm hired an external lawyer for advice concerning an appeal to the Supreme Court. However, the client refused to bear the costs of this. According the client, he had given no permission whatsoever for this assignment. Dutch debt collection law specialist Hidde Reitsma explains the issue.

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Undeclared right of lien on a Bentley. Good-faith buyer?

Undeclared right of lien on a Bentley. Good-faith buyer?

This Dutch court case concerns a finance company with an undeclared right of lien on a Bentley. The party issuing the pledge did not pay the finance company. Subsequently, the finance company wished to lay its claim on the Bentley pledged to it via an undeclared right of lien. According to the purchaser of the Bentley – the party at whose feet the finance company laid the claim – this approach did not hold water, and he could simply keep the Bentley because he had purchased it in good faith. Dutch insolvency lawyer Hein Hoogendoorn discusses the meaning of an undeclared right of lien in the Netherlands based on this ruling.

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Dutch court torpedoes attempt to bypass procedural regulation

Dutch court torpedoes attempt to bypass procedural regulation

A recent decision in a Dutch court thwarted an attempt circumvent the maximum time period for retaining a bankruptcy request. Dutch debt collection lawyer Heleen Ceelen discusses how a request for a declaration of bankruptcy in the Netherlands works on the basis of the ruling.

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Examining magistrate forbids liquidator to settle. Can this prohibition stand up?

Examining magistrate forbids liquidator to settle. Can this prohibition stand up?

In the Netherlands, in the event of a bankruptcy, the court appoints a liquidator. The examining magistrate then supervises the liquidator’s actions. For certain activities, including entering into settlements with parties on whom the estate has a claim, the liquidator also requires permission or authorisation from the examining magistrate. In this case, the examining magistrate denied permission to conclude a settlement. An appeal against this decision was then lodged with the Dutch court. Dutch insolvency lawyer and liquidator Hein Hoogendoorn explains this court case.

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Forged loan termination agreement no benefit to debtor

Forged loan termination agreement no benefit to debtor

In summary proceedings in the Netherlands concerning an unpaid loan, the debtor suddenly produced an important document. This was purported to show that the creditor, despite an unpaid balance of a few million, had terminated the loan and that nothing more needed to be paid. Too good to be true? The summary proceedings court handling the case was of the same opinion. Dutch debt collection attorney Hidde Reitsma discusses the ruling.

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No dismissal for employee who e-mails confidential information to himself

No dismissal for employee who e-mails confidential information to himself

A Dutch employee learns that his employer wishes to terminate his employment contract by means of an amicable termination. In anticipation of this, the employee is exempted from work. Before the employee goes home, he mails four working files to his own business e-mail address. The files include summaries of all of the employee’s account information, licenses and contact persons. Employer then dismisses employee summarily. Is this justified? Dutch employment lawyer Sander Schouten discusses the ruling.

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Dutch right of lien on claim lapsed because of collection by first pledge holder?

Dutch right of lien on claim lapsed because of collection by first pledge holder?

Multiple pledging of one and the same property is a regular occurrence in the Netherlands, the holder of the first pledge takes precedence above the second pledge holder. If the first pledge holder proceeds to redemption, then the second pledge holder is entitled to lay claim only if the first pledge holder’s claim is fully paid. But what happens if the pledging party goes bankrupt in the meantime? To whom does any surplus redound – the second pledge holder or to the liquidator? Dutch debt collections attorney Sander Schouten discusses a recent Dutch ruling on a right of lien on claims.

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Requesting the appointment of trustee of estate in the Netherlands

Requesting the appointment of trustee of estate in the Netherlands

AMS often blogs about the settlement of estates. The Dutch settlement procedure is a multifaceted procedure which in principle should be followed by acceptance with the benefit of inventory of an estate by one or more heirs. However, sometimes it is also possible to apply to the Court for the appointment of a trustee. Dutch insolvency lawyer, Hidde Reitsma, who is regularly appointed by the Courts as trustee, explains.

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