Track record

AMS Advocaten represented a client on appeal in disciplinary proceedings against a bailiff concerning the abusive use of attachment as a means of pressure in a group claim. The Court of Appeal declared the complaint partly well-founded, imposed the sanction of reprimand on the bailiff and ordered him to pay the costs in both instances.

Lennard successfully represented a foreign company that was left with an unpaid claim against an empty private limited company. The court allowed all of Lennard’s client’s claims and held the director personally, as well as the parent and subsidiary of the company in question, liable for the full debt of approximately €170,000.

Against the background of the difficulties faced by many housing associations, Nienke successfully represented a large number of former supervisory directors who had been held liable by a major Brabant housing association. Following a thorough defence and a well-conducted oral hearing, a very favourable settlement was reached for the supervisory directors and the D&O insurer.

Denise won a case about acquisition of ownership by prescription. The Noord-Holland District Court held that the claimant’s legal predecessor had been in uninterrupted possession of the immovable property for more than 20 years. As a result, ownership had passed to him despite his lack of good faith.

Lennard successfully represented an employer who had been held liable by a former employee for more than €60,000 in unpaid wages. The Noord-Holland District Court dismissed the wage claim because the employment contract had not been converted into a permanent contract.

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.

Marco en Rosa successfully represented a German construction company in a dispute with its client, the main contractor. The main contractor had rescinded the contract and claimed damages. The central question was whether the rescission was valid, or whether the matter should instead be settled on the basis of early termination of the works in an unfinished state. Marco en Rosa successfully argued the latter. The court subsequently awarded the remaining contract sum, less the costs saved.

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.