Track record

AMS successfully represented a client in proceedings about alleged transgressive behaviour at a student association. In proceedings on the merits, the decision to expel the client from membership was annulled due to breach of the right to be heard and lack of factual basis; the court ordered a rectification and declared that the allegations constituted an unlawful act.

Together with a colleague, Lennard represented a client on appeal who had held a lawyer liable for professional negligence. The Arnhem-Leeuwarden Court of Appeal held that the lawyer should have pointed out the short limitation period for penalties and was responsible for enforcement of the judgments. The lawyer therefore had to compensate the client’s loss, which the court assessed at €15,000.

In an interlocutory incident under Article 843a CCP, AMS Advocaten obtained an order requiring the accountant to provide detailed invoice specifications from 2017 onwards, subject to a penalty payment, rejecting the opposing party’s defences.

Onno successfully represented a minority shareholder in an inquiry procedure. The Enterprise Chamber ordered an inquiry and imposed immediate measures, including the appointment of an independent director.

Thomas won a case for a well-known auction house before the Leeuwarden Court of Appeal concerning extrajudicial avoidance of an auction purchase of two artworks by the famous British graffiti artist Banksy.

Onno successfully represented a director in several administrative proceedings concerning the unlawful deletion of his registration as foundation director.

Onno successfully represented a company in a dispute with a former co-shareholder/director who was held liable by the court for damages resulting from mismanagement.

Onno successfully represented a foundation that wished to dismiss two of its directors. In an interim judgment, the court held that the dismissal was neither void nor voidable.

Xagan represented a company in a dispute concerning an option to purchase a commercial property. The Zeeland-West-Brabant District Court held that the seller could no longer perform its obligations under the option agreement after selling the property to a third party. The court rescinded the option agreement and ordered the seller to refund the option fees already paid, totalling €187,550.

Sander successfully represented a franchisor in a dispute with a franchisee. At the franchisor’s request, the franchisee was ordered to pay damages for breaching a non-compete clause and to transfer domain names to the franchisor.