Cassation

A cassation appeal to the Supreme Court is your final chance to appeal your case. As a litigation boutique specialising in complex disputes litigation before the Supreme Court (Hoge Raad), the highest civil court in the Netherlands, is naturally part of our expertise.

Our Supreme Court litigation practice covers a broad range of civil law, including contract law, liability law, corporate law, privacy/ media/ telecom, intellectual property, financing & sureties and insolvency law.

Supreme Court litigation requires a razor sharp ability to get to the legal and factual essence of a case. Strategic insight is key in ensuring ultimate success for cases that the Supreme Court refers back to a lower court instead of handling itself.

Our fee quotes are always competitive and tailored to your situation. Please click here for an overview of cases in which we have represented clients before the Supreme Court.

Procedure in cassation appeal

The Supreme Court can overturn a ruling made by a lower court (usually a court of appeals), when it finds the law was not applied correctly by said lower court or its motivation for the ruling was incomprehensible or insufficient. A cassation appeal is the last resort for clients who receive disappointing outcomes before a lower court. Clients who face a Supreme Court appeal initiated by opposing party have no choice but to consider their defense.

We can offer you a free quick scan. This quick scan provides a first impression of the possibilities for cassation appeal. Often it takes a thorough review of the full case file to find a lead on which cassation can be based.  We are happy to provide you with a competitive, tailor-made fee offer covering full cassation advice. To help you make an informed decision we will provide a written appraisal on how we value your chances and opportunities in Supreme Court appeal or defence and the costs involved.

Preliminary questions:

Since 1 July 2012 a court can, on a party’s request or on its own initiative, ask the Supreme Court for a preliminary ruling on a point of law. Preliminary questions to the Supreme Court can sometimes offer an efficient solution to a dispute. It may, however, not always be the best way to go. The court must allow the parties to express their views about their intent of asking a preliminary question and on how said question should be formulated.  In a Supreme Court preliminary questions procedure parties may submit written remarks. This procedure is essential to the outcome of the case. We are happy to offer our advice about this. We can also provide assistance in a preliminary questions procedure before the Supreme Court.

Handling an appeal with cassation in mind

An appeal before the court of appeals is your last chance to submit new facts about a case. It is also often the final time at which legal arguments may be added. Our experience in Supreme Court litigation makes us a valuable partner during your appeal and helps you increase your chances. Not only in the appeal itself but also by creating a solid base should the case be further appealed before the Supreme Court. In such cases assistance with the main issues usually proves to be sufficient. Please contact us to learn more about how we can assist on appeal in preparation of a possible cassation appeal.

Procedure after a verdict is overturned and referred back on cassation appeal

Should a Supreme Court overturn the appealed judgment, it will only rarely handle the case itself. The case will generally be referred back to the trial court (usually the court of appeals) instead.  After a verdict has been overturned and referred  back the trial court will have to continue the proceedings taking the Supreme Court’s ruling into consideration. The possibility of introducing new facts or legal arguments is limited. We are happy to advise you on the procedure of post cassation litigation.

Our specialists

Christiaan Alberdingk Thijm

Christiaan Alberdingk Thijm is partner of bureau Brandeis. He specialises in digital copyright, the liability of intermediaries, privacy and free speech issues. He is both a trusted advisor to his clients such as KPN, Netflix…


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Jozua van der Beek

Jozua is partner at bureau Brandeis. He litigates before the Supreme Court in civil cases. In corporate and commercial litigation cases he also litigates before the lower courts. In addition, Jozua establishes international collective settlements…


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Quote

- Louis Brandeis