Category: Litigation

Dutch Court sanctioned party to proceedings for multitude of submissions

Dutch Court sanctioned party to proceedings for multitude of submissions

Last summer, in proceedings in which the Dutch Court gave judgement, the claimant was ordered to pay a higher than usual reimbursement of the other party’s legal costs. The Dutch Court had done this in connection with the way it had litigated. Dutch Procedural Lawyer Robert van Ewijk explains the judgement.



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How do proceedings in the Subdistrict Court work?

How do proceedings in the Subdistrict Court work?

Each dispute, and therefore each legal action, is different. There are not only differences in the court that is competent in the first instance (the subdisctrict court or the court, and infrequently the Court of Appeal) and/or an appeal against a ruling (in the Court of Appeal) and/or appeal in cassation (in the Supreme Court), but also in the course of the proceedings. It is therefore impossible to state exactly how proceedings go, but broad outlines can be given. In the following blog litigation lawyer Robert van Ewijk explains how typical proceedings at the subdisctrict court work.



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Foreign party involved in Dutch proceedings: who pays the legal costs?

Foreign party involved in Dutch proceedings: who pays the legal costs?

If legal action succeeds, the other party can be sentenced to pay the legal costs. We explained earlier what these legal costs are, and how the amount of the legal costs is determined (and how this works in cases about intellectual property, where the basic premise is compensation of the actual legal costs). But what if there is a foreign party to the proceedings?
AMS lawyer Hein Hoogendoorm had such a case and explains, based on a ruling on a procedural issue, how this can be addressed.



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Holding accountant liable for violation of duty of care: how does that work?

Holding accountant liable for violation of duty of care: how does that work?

The duty of care of an accountant is not just to provide the proper advice and undertake actions, such as objecting to wrongful tax assessments. The duties of an accountant also include adequate communication with a client. Professional liability lawyer Marco Guit discusses a recent ruling by the Court of Appeal where this matter was addressed.



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Directors’ and officers’ liability in bankruptcy due to breach of accounting obligation

Directors’ and officers’ liability in bankruptcy due to breach of accounting obligation

When a private company goes bankrupt, the directors and officers can be held liable for all debts of the bankruptcy. This applies in cases of improper management. The trustee shall always investigate this and if necessary



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No consistent dividend policy? Reason for an inquiry by the Enterprise Division!

No consistent dividend policy? Reason for an inquiry by the Enterprise Division!

A recent ruling of the Enterprise Division of the Court of Appeals of Amsterdam ordered an inquiry into, among others, the dividend policy of a family business. When does the Enterprise Division order an inquiry and how did the court reach this decision? Dutch corporate lawyer Hidde Reitsma discusses the case.



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Prevent jurisdiction disputes: make choice of jurisdiction!

Prevent jurisdiction disputes: make choice of jurisdiction!

In a recent Dutch court case the judge had to decide whether the Dutch court had jurisdiction to settle a dispute between a Dutch supplier and one of his German customers. Dutch contract lawyer Hidde Reitsma, specialized in international trade contracts, sets out by which criteria a court considers their jurisdiction.



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The new EEX-Regulation: changes to enforcing foreign judgments in The Netherlands

Dutch lawyer for enforcing foreign ruling in The Netherlands

As per January 2015 the new EU Execution Regulation (EEX) will come into force. Besides the competence of courts in EU-matters, this law regulates the enforcement procedure of a foreign judgement in another EU-member state. The pending amendments will have quite an impact on the way foreign rulings can be enforced in the Netherlands. Lawyer Heleen Ceelen shall outline the most important changes of this new regulation.



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