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Track record

An overview of some of our notable cases and judgments. We are known for our decisive approach and excellent results for our clients.

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Conservatory arrest of seagoing vessel leads to settlement agreement

For a Dutch client, Lennard levied a prejudgment attachment on a seagoing vessel abroad under the Arrest Convention. The vessel was placed in judicial custody so it could not sail away. Under that pressure, the owner of the vessel entered into a settlement agreement.

Tags: Arrest ConventionSettlement agreementShip arrest

Enterprise Chamber orders inquiry and appoints director with decisive vote

Lennard represented a shareholder of a healthcare company. On behalf of the client, he petitioned the Enterprise Chamber to order an inquiry. The Enterprise Chamber found there were well-founded reasons to doubt the soundness of the company’s policy and course of affairs, justifying an investigation, and appointed a director with a casting vote.

Tags: Appointment of director with casting voteEnterprise ChamberInquiry

Enterprise Chamber orders inquiry due to doubts about proper governance in healthcare company

Lennard represented a shareholder of a healthcare company. On behalf of the client, he petitioned the Enterprise Chamber to order an inquiry. The Enterprise Chamber found there were well-founded reasons to doubt the soundness of policy and the course of affairs, justifying an investigation. This was due, among other things, to the transfer of staff by the director, declining profits and transactions in which the director had a conflict of interest.

Tags: Enterprise ChamberFirst phaseInquiryInterim measures

Disclosure request denied due to insufficient link with basis for attachment

Lennard assisted a client against whom an evidence seizure had been levied. The request to inspect the seized information was fully rejected because there was an insufficient link between the claim for which the seizure had been granted and the legal basis of the disclosure claim.

Tags: Duty to discloseEvidence lawEvidence seizureRight of access

Court orders defendant to provide full disclosure of income and assets

Lennard conducted summary proceedings for a Danish client. The court ordered the defendant to disclose her sources of income and assets by, among other things, providing insight into her bank statements, debtors and other income in the Netherlands and abroad.

Tags: Statement of income sourcesSummary proceedings

Director released from liability: all claims dismissed

Lennard represented a Belgian director in a director’s liability case before the Rotterdam District Court, in which he was being held liable for €300,000. All claims against the director were dismissed because it had not been established that he could personally be seriously blamed. The opposing party was ordered to pay €8,000 in legal costs.

Tags: Director’s liability

Successful claim: disclosure of COVID-19 test sales figures ordered

Onno successfully claimed access to sales figures on behalf of his client, based on an agreement entitling the client to 8% of the gross margin on COVID-19 tests sold by the parties.

Lawyers: Onno Hennis
Tags: AccessAgreement

Foundation successfully defended: only small part of alleged loan awarded

Onno successfully represented a foundation in proceedings in which a third party claimed to have lent substantial sums to the foundation. The district court ultimately allowed only a small part of the claim.

Lawyers: Onno Hennis
Tags: Repayment of loan

Court of Appeal recognises €1 million foreign arbitral award and permits enforcement

On behalf of a Danish client, Lennard requested recognition in the Netherlands of a foreign arbitral award under the New York Convention for an amount of €1 million and permission to enforce that award in the Netherlands. The Arnhem-Leeuwarden Court of Appeal granted the request. It held that there was no conflict with Dutch public policy, recognised the arbitral award, granted leave for enforcement in the Netherlands and ordered the opposing party to pay €11,000 in legal costs.

Tags: New York ConventionRecognition of foreign arbitral award

Membership termination unreasonable: board should have allowed appeal

In this case, AMS represented an association that had terminated a member’s membership. The member contested the termination. The articles of association provided for an internal appeal in case of termination. Because the member wished to appeal but the board refused to convene the required general meeting, the board’s termination decision was held to be contrary to the reasonableness and fairness required by Article 2:8 Dutch Civil Code.

Tags: Association lawBoardResolution

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