Case 1
Conducting a landmark cassation appeal concerning a public–private partnership between a property developer and a municipality. The case concerned the interpretation of an agreement relating to the development of a residential area.
Sector
Supreme Court Litigation
Our cassation lawyers have many years of experience in conducting cassation proceedings. They specialise in civil litigation, in particular in the fields of expropriation law, public–private law, public procurement law, the law of obligations, construction law, tenancy law and tax law (national taxes and taxes levied by lower tiers of government).
Our cassation lawyers are frequently instructed to advise during proceedings before the courts of fact. This helps to create the best possible starting position for any future cassation proceedings.
Our services
Our cassation lawyers take great pleasure in handling cassation proceedings and have extensive experience in doing so. They act for both claimants and defendants in cassation cases. However, their work extends far beyond litigation before the Supreme Court of the Netherlands. They also provide cassation advice and advise during proceedings before the courts of fact, always with a view to achieving the most favourable outcome for the client.
If the Supreme Court quashes a judgment of the Court of Appeal, it will almost always refer the case to a different Court of Appeal. The lawyer who acted in the proceedings before the courts of fact will then resume conduct of the case, if desired with the assistance of our cassation lawyers.
Cassation advice & strategy
A cassation lawyer is required to issue a cassation advice before cassation proceedings are commenced. This advice prevents unnecessary costs from being incurred in respect of cassation appeals that clearly have no realistic prospects of success.
In cases where the opposing party has lodged a cassation appeal, advice is also provided prior to the submission of the statement of defence. Such defence advice is often aimed, in part, at determining whether there are grounds for the client to lodge an (incidental) cassation appeal.
Cassation advice is often provided on the basis of a fixed fee, ensuring that the costs are clear in advance. Throughout the cassation process, our cassation lawyers work closely with the lawyer who acted in the proceedings before the courts of fact, in order to achieve the best possible final result for the client.
Our cassation team is led by Jacques Sluysmans and Ruben Wiegerink. Please feel free to contact either of them if you require the assistance of a cassation lawyer or would like to discuss your case.
