Track Record

Kelly, Marleen and Lennard concluded a settlement agreement for a foreign client in a long-running dispute about the enforcement of a foreign arbitral award. The settlement agreement will be notarised so it can be enforced without court intervention. Significant sanctions, including penalties, apply in case of non-compliance.

On appeal, the mentorship over AMS’s client was lifted because the Court of Appeal held that the measure was no longer necessary: the person concerned functioned stably, received appropriate care and had a sufficiently supportive network, so that his non-pecuniary interests could be adequately safeguarded without mentorship.

Kelly and Lennard concluded a settlement agreement on behalf of a software company with its client following an earlier judgment. Under that agreement, the client is ordered to perform the contract after all, subject to a penalty payment.

Lennard successfully represented a director and several companies that were being held liable for full legal costs of €400,000 incurred in earlier proceedings. The court ruled in favour of Lennard’s clients, finding that they had not abused process or acted unlawfully through their litigation conduct. The claimant was ordered to pay AMS’s client €13,853.00 in legal costs.

Following a land consolidation, certain easements had lapsed. Together with Denise, Marco successfully represented parties opposing the lapse of these easements. The district court held that the easements had been re-established through acquisitive prescription, because the claimants had been possessors in good faith for at least ten years. The Court of Appeal reached the same conclusion.

Sander, Kelly and Lennard assisted a Danish/American client at a WHOA hearing. The client had a claim against a Dutch debtor who tried to prevent and/or delay attachments by obtaining a cooling-off period. Sander, Lennard and Kelly managed to prevent this. The client was then better able to collect the remainder of its claims.

Kelly and Lennard successfully claimed performance of a services agreement for the purchase of software on behalf of their client. The agreement and the general terms and conditions must be interpreted to mean that an interim termination ban had been agreed. The defendant was therefore not permitted to terminate before the end of the initial term and must perform the agreement.

Sander represented the owner of fashion brand SAPPH in a dispute with a (former) licensee. The former licensee had breached the licence agreement and continued to use the brand unlawfully after the client terminated the agreement. In summary proceedings, Sander obtained an order against the former licensee and its directors to cease use of the brand and to refrain from making unlawful statements about who owned the brand.

Denise successfully represented a contractor in summary proceedings brought by the client to force resumption of the work. The contractor had suspended performance because invoices remained unpaid. The Midden-Nederland District Court largely ruled in favour of the contractor, ordering the client to pay and holding that the contractor only had to resume work after payment.

Xagan represented a company in an inquiry procedure initiated by one of the shareholders concerning the minority shareholder’s right to information and possible conflicts of interest of directors.