Netherlands:
Do Summary Proceedings Still Have A Future As Independent Proceedings?
08 November 2013
De Brauw Blackstone Westbroek N.V.
To print this article, all you need is to be registered or login on Mondaq.com.
Ruud Hermans argues in this article that the distinction between
summary proceedings and the proceedings on the merits could be
removed from new procedural law.
This could be achieved by offering the court assessing the
dispute on the merits the power to implement provisional measures
at every stage of the proceedings.
In that case, summary proceedings would become redundant as
independent proceedings.
To read the article, please click
here. This article is available in Dutch only.
Source: 'Bodem kort geding', a collection published on
the occasion of the departure of the chairman of the Team Kort
Gedingzaken of the District Court of Amsterdam, Mr Sjoukje A.
Rullmann, on 11 October 2013.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from Netherlands
Muddy Waters: Flooding And The Law Of Nuisance
Shepherd and Wedderburn LLP
This article looks at the circumstances in which there may be a claim under the law of nuisance if flooding is attributable to the use that a neighbouring landowner is making of their land.
Rule Changes Regarding Penal Notices
Herbert Smith Freehills
On 6 April 2024, an amendment to the Civil Procedure Rules came into force regarding penal notices – that is, notices given to persons served with a court order warning them that breach of the order may be punishable...
ESG And Class Actions
Taylor Wessing
Currently, three letters are a hot topic in the legal, business and financial world: ESG (Environmental, Social & Governance). Simultaneously with the rise of ESG, so-called "ESG disputes" emerged.