in this day and age.Cassation is a profession in its own right. Civil litigators know that cassation is more than just a reassessment of the facts. It is about legal finesse: identifying legal issues, exposing flaws in reasoning, and formulating persuasive legal arguments. Our team of cassation lawyers combines their expertise with a modern and strategic approach. With a strong reputation and an impressive track record in cassation cases, they have contributed to landmark decisions that help shape legal practice.
Not every case is suitable for cassation. Cassation is not a re-evaluation of the facts, but a re-examination of the law. Do you have a case where the judge may have misapplied a rule of law, or where the reasoning is inadequate? Then cassation may offer a solution and a specialized cassation lawyer is indispensable.
Our cassation lawyers will advise you at an early stage on the likelihood of a successful appeal in cassation. We will also provide strategic input when you need in-depth procedural advice on the appeal. This ensures a legally sound approach that gives your client the best chance of success.
At Delissen Martens, we believe in the power of collaboration. Our cassation team, consisting of Michael, Olivier and Melvin, combines in-depth knowledge of procedural law with the ability to distill complex legal issues to their essence. Our multidisciplinary approach draws on the expertise of our entire firm, ensuring an integrated approach that serves your client's interests.
Our involvement in leading cassation cases has resulted in landmark jurisprudence. This confirms our position as a firm that not only applies the rules, but also contributes to the development of the law.
The world is changing and the law is evolving with it. Therefore, cassation requires not only professional knowledge, but also insight into the broader social context. Issues such as digitalization, sustainability, and legal certainty play an increasingly important role in cassation proceedings. Our cassation practice is based not only on a thorough knowledge of the law, but also on a keen insight into social and legal trends. Cassation requires a modern view of legal development - and that is exactly what we offer as "advisors of our time".
Are you a trial lawyer with a case that may be appealed to the Supreme Court? Or do you need litigation advice for a strategic step in an appeal? Talk to us. We are happy to think with you.
Supreme court litigation is a unique process within the Dutch legal system. It is not about a complete re-trial of the facts, but about whether the law has been correctly applied. The cassation lawyer draws up a written argument, the so-called ‘ supreme court litigation appeal’, in which the points on which the court of appeal's ruling is contrary to the law are made clear. The Supreme Court then assesses whether the complaint is well-founded. If the Supreme Court finds that a mistake has indeed been made, it may set aside the judgment and refer the case back to another court for reassessment.
The Supreme Court is the highest court in the Netherlands and its main task is to ensure unity and legal certainty in the administration of justice. The Supreme Court does this by checking whether lower courts have applied the law correctly. However, the Supreme Court does not review all aspects of the case. It deals only with legal and procedural questions. If the Supreme Court concludes that mistakes have been made, it can:
Giving a supreme court litigation opinion is a time-consuming business:
In addition to providing a comprehensive opinion, we offer clients the option of the Quick Scan analysis, in which only the court's final decision is read and a preliminary opinion on the chances in supreme court litigation is given. This Quick Scan analysis can be carried out in a shorter time than a full opinion. As a result, the costs are also limited. A Quick Scan need not, incidentally, stand in the way of a further comprehensive opinion.
You remain personally responsible for timely filing an appeal in supreme court litigation with the registry of the court of appeal.
In ordinary proceedings on the merits, the supreme court litigation period is three months from the day of the judgment. But the cassation period in summary proceedings is shorter, only eight weeks. And in some special cases, the period is even more limited.
Obviously, a cassation opinion should not be issued only just before the expiry of the cassation period. There should be enough time left for seeking a second or even third opinion. This is another reason not to submit a case for an opinion only shortly before the deadline expires.
Supreme court litigation costs: In supreme court litigation, we charge a standard hourly rate, but fixed fee agreements can be made in consultation.
Quick Scan supreme court litigation advice: A Quick Scan analysis is carried out in all cases on the basis of a fixed price.
On addition: supreme court litigation proceedings can be done on addition, for clients with an income that qualifies.
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.
