A right of usufruct on a claim cannot be used to appropriate what is received through collection of that claim, as the Dutch Supreme Court ruled in its decision of 30 September 2022 (ECLI:NL:HR:2022:1331), in a case between KPN and Telecom Vastgoed about an alleged right of usufruct on rent payments. Background: telephone antennas KPN is a provider of mobile … Read more
The Minister for Legal Protection recently submitted a legislative bill with the aim of simplifying Dutch law of evidence. The bill is intended to enhance truth finding and promote efficiency and effectiveness in civil proceedings. However, we doubt that the bill will contribute to these objectives. The bill contains language that appears to extend the court’s competence to investigate facts … Read more
In a publication in the Dutch Lawyers’ Journal (Nederlands Juristenblad) we call on the Dutch legislator to put on hold a series of recently proposed bills that would reform Dutch Civil Procedure. We believe that priority should instead be given to speeding up the turnaround time of cases and the introduction of digital communication with the courts (currently submissions are … Read more
Op donderdag 7 november 2019 was prof. mr. Pieter van Vollenhoven te gast bij ons op kantoor voor het seminar “Van Stint tot Fipronil: een schadefonds voor gedupeerden van voortvarend overheidsingrijpen in crisissituaties”. In het sprekerspanel met o.a. Berthy van den Broek, Janet van de Bunt, Monique de Groot en Edwin Renzen en ook in de zaal waren de meesten … Read more
The Dutch Supreme Court recently ruled on a case concerning liability of an audit firm towards its client for non-performance of an assignment to provide what is termed a ‘contribution statement’ (ECLI:NL:HR:2019:1447). The outcome was determined by the specific circumstances of the case, and the Supreme Court did not see cause to answer legal questions in view of the uniformity … Read more
In a recent decision (ECLI:NL:HR:2019:1409), the Supreme Court has decided that the Dutch national police force is liable for damage suffered by victims of a shooting which took place in a shopping centre in 2011; an event that shocked the Netherlands. The Supreme Court held that the police had unlawfully granted a permit for the firearms used in the shooting. … Read more
De politie is aansprakelijk voor de schietpartij in een winkelcentrum Alphen aan den Rijn in 2011. Dat oordeelt de Hoge Raad in zijn arrest van 20 september 2019 (ECLI:NL:HR:2019:1409). Bij deze schietpartij vonden zes mensen de dood en raakten zestien mensen gewond. De dader doodde ook zichzelf. Nabestaanden van dodelijke slachtoffers, slachtoffers die gewond raakten en winkeliers spreken de politie … Read more
The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms’ and accountants’ duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law, and ultimately depends on the circumstances of the case. However, the role of accountants in society, their responsibility to serve the general interest, and … Read more
In two recent decisions, the Dutch Supreme Court has clarified the evidentiary power of signed documents. If the signatory unambiguously denies that the signature on the document is his or hers or claims that another party has tampered with the signature (for instance, through forgery or copying a signature from one document and pasting it in another), it is up … Read more
What if an agreement between parties is in violation of a statutory provision, but the parties do not raise this point in proceedings? Should the court ascertain this violation ex officio and determine whether the contract is void or valid nonetheless (which may be the case under Dutch contract law)? This question was recently submitted to the Dutch Supreme Court … Read more