Litigation

Litigation  in this day and age.

Are you in a dispute with another party that you can't resolve? If so, it may be necessary to submit the dispute to a court. Our litigation lawyers will support you throughout the process, providing strategic advice, mediation, and representation in initial, appeal, and cassation proceedings.

What can you expect from legal proceedings?

Before proceeding with litigation, we will carefully analyze your legal and strategic position. We will identify opportunities and risks, and assess whether an alternative dispute resolution method, such as mediation or an out-of-court settlement, is a more realistic option than court proceedings.

When a litigation lawyer is relevant for you

You need a litigation lawyer if you are involved in legal proceedings, such as a summons or an objection procedure. This applies to both civil and administrative disputes.

We prefer to discuss the case with you in person. If you prefer, we can also review the case based on the documents you provide. If the dispute is subject to Dutch law and can be heard by a Dutch court, we would be happy to take on the case. We can collaborate with other lawyers on ongoing cases or appeals and provide second opinions if necessary.

Our litigation specialists are active nationwide from The Hague.

Are you looking for a litigation lawyer? Our litigation lawyers are based in The Hague, but work throughout the Netherlands. They have in-depth knowledge of civil and administrative litigation and are familiar with the legal landscape. Do you need support with proceedings or a dispute? We are happy to assist you.

Olivier baron van Hardenbroek van Ammerstol
Questions about this area of law?
Please contact Olivier baron van Hardenbroek van Ammerstol
Michaël van Basten Batenburg
Questions about this area of law?
Please contact Michaël van Basten Batenburg

Questions and answers

How do legal proceedings work?

Civil proceedings typically begin with a summons or petition. Then, the defendant has the opportunity to respond. After that, a hearing date and time are typically scheduled. The goal is to reach a final judgment. In a limited number of cases, further proceedings take place. These can include the submission of additional evidence and the hearing of witnesses and/or experts. These proceedings may or may not be followed by further conclusions and/or hearings. Ultimately, the judge issues a ruling in the form of a judgment or decision.

What is the difference between civil and administrative proceedings?

1. Yes, the main difference lies in the type of parties involved and the nature of the dispute.

  •  Civil proceedings usually involve disputes between citizens and/or companies, such as contractual disagreements, damage claims, or labor issues.
  • Administrative proceedings, on the other hand, concern disputes between citizens/companies and the government, such as those regarding permits, benefits, or enforcement measures. The procedural rules and competent courts differ, and we have in-house specialists for both types of proceedings.

On average, how long do legal proceedings take?

The duration depends on the type of procedure, the complexity of the case, and the court's workload. A case in the first instance usually takes six to twelve months. In complex cases, it can take much longer. If an appeal and/or cassation are lodged, the proceedings can take considerably longer.

What are the costs of litigation?

The costs mainly consist of court and lawyer fees, as well as any costs for experts or witnesses. We provide transparent information about the costs and discuss possible scenarios in advance. If you win, the court may award you compensation for legal costs. However, this compensation does not cover all costs.

Is an appeal always possible?

Not all cases are eligible for appeal. Eligibility depends on the type of case, the amount at stake, and legal exceptions. We evaluate each situation individually to determine if an appeal is possible and worthwhile.

Can I take legal action without a lawyer?

You may represent yourself in court in some cases, such as labor and rental disputes, cases involving amounts under €25.000, and administrative law proceedings. However, in most cases, it is advisable to hire a lawyer. Representation by a lawyer is mandatory in most other cases.

How can I avoid a lawsuit?

Yes, in many cases. Consider alternative dispute resolution, such as mediation or negotiations. Our focus is on preventing legal proceedings, but if necessary, we will resolutely represent you in court.

Team litigation

Melvin van Tiel

Attorney at law

Stefan van Meurs

Attorney at law

Alexandra Kievit

Attorney at law

Jim Kaldenberg

Attorney at law

Ard Borsboom

Attorney at law

Michaël van Basten Batenburg

Attorney at law/partner

The latest

Up to the minute

Thursday 1 December 2022

The two-conclusion rule revisited

two-conclusion rule revisited

The 'two-conclusion rule' is an annoying pitfall for parties litigating on appeal. Contentions and defences may not be raised later than via the statement of appeal or the statement of defence. The Supreme Court recently axed the exception to this rule. The ruling is an indication to expressly object to new defences by the opposing party.