Track Record

Lennard successfully represented a company and its two directors who were being sued for payment of a contractual penalty of more than €1.1 million in a case about broken-off negotiations. The court ruled in favour of Lennard’s clients and held that the company and its directors were free to terminate the negotiations without incurring liability.

Onno successfully acted for the buyer of a vintage sports car in a case about non-conformity of the car.

Together with Rosa, Marco successfully represented a construction company in a dispute with its client about whether the contract had been validly terminated or whether the work had to be settled on the basis of early termination in an unfinished state.

Together with Marco, Rosa represented a German construction company in a construction dispute with a client/main contractor. The main contractor had terminated the contract and claimed damages. We successfully argued that there had been termination in an unfinished state and obtained payment of the remaining contract price (minus saved costs).

Onno represented a financier as interested party in an inquiry procedure concerning a hotel business. After the appointment of an investigator and an independent director and under the pressure of the inquiry, the case was settled.

Acting as lawyer and trustee, Lennard and Hidde filed a petition with the Amsterdam District Court to reopen the liquidation of a cooperative following a turbo-liquidation. The court granted the request in part because the liquidated cooperative needed to continue to exist in order to be sued.

Marco successfully represented the VvE on appeal in a dispute with the contractor it had engaged about defects in balcony gallery floor elements. Limitation of the claim also played a role. The case ultimately went to the Supreme Court; the Hague Court of Appeal ruled in favour of the VvE, after which the case was referred to separate damages proceedings.

Lennard successfully represented a director in proceedings on the merits before the Rotterdam District Court. The director had previously been ordered by default to pay more than €15 million. On behalf of the director, Lennard lodged opposition against that judgment and raised a jurisdictional defence. The court upheld this defence, declared itself incompetent and dismissed all claims against the director.

For a departing partner in a dispute about termination and settlement of a general partnership before the Rotterdam District Court, AMS Advocaten achieved that the immediate dissolution by the other partners had no effect, that the client’s notice of termination as per 31 December 2019 was held valid and that an expert was appointed to determine the value of his partnership interest.

Sander successfully obtained the lifting of a prejudgment attachment on bank balances in summary proceedings, because the attaching creditor had violated Article 21 of the Dutch Code of Civil Procedure by not fully and truthfully disclosing all relevant facts when applying for the attachment.