22 August 2024
Foreign parties and litigation costs
In the Netherlands, we have the litigation costs order. If a lawsuit is lost, that party can be ordered to pay the legal costs.
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The saying “everyone is responsible for their own damages” is the starting point of the law on liability.
However, there are many exceptions to this general rule and the consequences can be the responsibility of another party. GMW lawyers can advise and negotiate on all matters involving liability.
In the majority of cases in which liability is assumed, it concerns a failure on the part of a person or object. For example, this could be an employer who plays a role in an industrial accident, a governmental authority which has made an error in zone planning or a manufacturer who has produced a product which does not work. In car crashes or other unlawful acts there can also be a reason to claim compensation. It is possible that you are asked to compensate damages because something went awry.
Failure is not the only requirement for liability. The relationship to the damage is also important. The right to compensation exists when a failure can be demonstrated and this failure can be attributed to someone. This may not always be self-evident.
GMW lawyers can examine the limits of liability in your specific case. We advise, mediate, negotiate and instigate proceedings in cases involving liability and issues involving insurance, and can assist all the parties who may be involved in these cases, from an employer or importer to a producer or self-employed professional.
Proving liability is often a difficult matter. We can determine whether there has been a failure which could be qualified, for example, as an unlawful act or breach of contract. Also, we will examine who is responsible for which damages and who can be held liable. We can also advise you on the best steps to take and we can play a role in the negotiations or in mediation. If this results in legal proceedings, we will promote your interests in a practical and businesslike way.
Insurance law is a related subject in which GMW lawyers is specialised. Has your insurance been rejected, do you disagree with obligatory measures to limit risks or are you not being paid compensation? If your insurance company is refusing cover because of fraud or a failure to disclose, GMW lawyers can help you.
Our starting point is to prevent lengthy proceedings. However, if proceedings cannot be avoided, we rely on our extensive experience in this area.
GMW lawyers will be happy to help you with all your company and business litigation issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our company law lawyers will be glad to support and advise you.
GMW lawyers will be happy to help you with all your company law issues and business disputes. Do you have a question? Feel free to contact us.
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22 August 2024
Foreign parties and litigation costs
In the Netherlands, we have the litigation costs order. If a lawsuit is lost, that party can be ordered to pay the legal costs.
Read more
10 July 2024
Directors’ liability: ‘de facto director’
Dutch companies such as B.V.'s have their own legal personality and independently carry their rights and obligations. Directors can only be held personally liable for the debts of a B.V. under special circumstances.
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9 April 2024
Trust office foundations in the Netherlands
The phenomenon of converting shares into depository receipts for shares will raise many questions for the average entrepreneur. In this blog you will read the basic principles and some advantages and disadvantages of trust office foundations (Stichting Administratiekantoor or STAK) under Dutch law.
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5 March 2024
Buyout of minority shareholders
The advantages, requirements and bottlenecks of the forced buyout of the last 5%, the minority shareholders.
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21 June 2023
Private or commercial suretyship?
A lender will almost always require security when providing loans. This not only includes collateral security, such as pledges and mortgage rights, but also personal security.
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1 February 2023
Will the Baby BV evolve?
A Baby BV is a tax structure where parents set up a limited liability company. Upon incorporation of the Baby BV, their minor children are issued with shares.
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22 August 2022
Compensation for a loss in value of shares
Reduction in the value of my shares: am I entitled to compensation?
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11 July 2022
Seizure of digital assets
Read more about the seizure of digital assets below.
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6 June 2022
Liquidation by arrangement
What is liquidation by arrangement?
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