Supreme Court Litigation
If you have received an adverse final judgment from the court deciding questions of fact (usually the court of appeal), we can give you an opinion on cassation and, if necessary, act for you in cassation proceedings. BarentsKrans is one of a select group of firms that have traditionally had a large and highly regarded cassation practice. Our supreme court litigation lawyers advise lawyers and their clients here in the Netherlands and abroad and conduct cassation proceedings covering the entire field of civil law. They can boast a broad range of experience: not just in the field of liability law, employment law, contract law, energy law, tenancy law and business law (including directors’ and officers’ liability), financial law and intellectual property, but also in international public law and civil rights. The involvement of BarentsKrans has resulted in casebook judgments by the Supreme Court in all of these areas.
The client in cassation
Our cassation lawyers are usually brought in by the lawyer that has conducted a case in appeal, although parties to the proceedings do sometimes approach us directly. With the period for bringing an appeal to the Supreme Court in mind (usually three months in proceedings on the merits, eight weeks in preliminary relief proceedings and usually eight days in insolvency cases), we advise that you bring your case to the attention of a cassation lawyer as soon as possible. After all, the grounds for cassation must have been stated in the originating documents.
Opinion on cassation
Before an appeal in cassation can be instituted, an opinion on cassation must have been provided in relation to the possibilities and impossibilities of cassation. This is important as some cases do not lend themselves to an appeal in cassation. In an opinion on cassation, our cassation lawyers state whether there is any basis for the institution of cassation proceedings. However, an opinion on cassation may also relate to the putting forward of defence in cassation, including possibilities for a (conditional) cross-appeal.
If an opinion on cassation is positive, an appeal may be brought before the Supreme Court. The review in cassation before the Supreme Court will be limited to the question of whether the lower court has applied the law correctly and whether its decision is based on sufficient grounds. Any discussion of the facts is virtually ruled out.
Services provided by our cassation practice group
Our services are not limited to opinions on cassation or rendering assistance in cassation proceedings, but often also extend to advice and involvement in proceedings on appeal and following cassation and referral. We can provide you with the specific service you require – ranging from a quick scan to extensive advice and involvement in the production of procedural documents.