Your partner in cassation
What does cassation mean?
The Supreme Court of the Netherlands is the highest civil court in the country. Its primary role is to ensure consistency in the application of the law, contribute to legal development, and provide legal protection.
Proceedings before the Supreme Court do not represent a third “factual instance” like those before the district court or the court of appeal. The Supreme Court assesses whether the lower court correctly applied legal and procedural rules, based solely on the case file as it was submitted to the trial court. No new factual arguments or documents may be introduced at this stage. Findings of fact are only reviewed to a limited extent in cassation. As a result, the scope for review is narrow, and cassation is only available in specific circumstances. Specialist expertise is therefore essential to determine whether a case is eligible for cassation.
What is our experience with cassation?
Cassation proceedings require highly specialised knowledge and skills. For this reason, only barristers admitted to practise before the Supreme Court of the Netherlands may act in cassation cases. At our firm, that expert is Marc Janssen.
Marc Janssen specialises in cassation proceedings in the areas of contract and property law, insolvency law, company law, employment law, and private international law (PIL). He has many years of experience handling cassation cases and a strong track record of successful outcomes.
When should you engage a cassation lawyer?
You have received an adverse ruling – now what?
It is advisable to contact one of our cassation lawyers as early as possible – preferably through your current solicitor – to assess the viability of a cassation appeal. Deadlines for cassation range from eight days to three months, depending on the case. It is important to determine the applicable time limit promptly, as cassation is not available in all matters.
Marc Janssen will advise you on whether cassation is a viable option and, if so, support you throughout the proceedings before the Supreme Court.
Your opposing party has lodged a cassation appeal – now what?
The position of the respondent in cassation differs from that in proceedings before the district court or the court of appeal. Marc Janssen will advise you on the likelihood of the appeal succeeding, whether it is advisable to respond, and whether there are grounds for a (conditional) incidental cassation appeal.
What is our approach?
Marc Janssen will always begin by providing you with written cassation advice, outlining the prospects and risks of cassation proceedings. If the advice is negative, no proceedings will be initiated (either because cassation is not possible or not advisable), and no defence will be submitted.
If the advice is positive, cassation proceedings will be commenced, or a defence will be submitted in a timely manner, in consultation with you.
Why choose our cassation lawyer?
Marc Janssen has demonstrated expertise and experience in cassation law. In addition, we place great importance on a personal approach and transparent communication. Your interests always come first, and we aim to achieve the best possible outcome for your case.
With us, you are assured of professional and thorough support throughout the cassation process. Contact Marc Janssen and his team for more information or to arrange a free consultation.
Specialists
