Your partner in cassation

What does cassation mean?

The Supreme Court of the Netherlands is the highest civil court in the Netherlands. The primary task of the Supreme Court is to monitor legal uniformity and to contribute to legal development, in addition to the task of legal protection.

Proceedings before the Supreme Court are not a third "factual instance" like proceedings before the district court and the court of appeal. The Supreme Court examines whether the trial court applied the law and procedural rules correctly and does so on the basis of the case file as it was before the trial court for review. No new factual arguments can be brought forward in cassation, nor is it possible to bring in new documents. Judgments of fact are reviewed marginally in cassation. As a result, the review framework in cassation is limited and only in a limited number of situations is it possible to submit a case to the Supreme Court. Specialist knowledge is therefore required to determine whether cassation is possible.

What is our experience in the field of cassation?

Proceedings in cassation require specific knowledge and skills. For this reason, only lawyers admitted as attorneys at law to the Supreme Court of the Netherlands may litigate at the Supreme Court. At our firm, these are Marc Janssen and Katrien van Stratum.

Marc Janssen specializes in cassation proceedings in the fields of contract and property law, insolvency law, corporate law, labor law and IPR;
Katrien van Stratum specializes in cassation proceedings in the field of (all aspects of) the law of persons and family law (in particular matrimonial and relationship property law) and inheritance law;

They have years of experience in handling cassation cases and a proven track record of successful cassation proceedings.

When should you hire a cassation lawyer?

Your received a negative ruling: now what?

It is wise to contact one of our cassation lawyers at the earliest possible stage - preferably through your attorney - to discuss the possibilities of a cassation appeal. Cassation deadlines range from eight days to three months. It is important to determine as soon as possible what the applicable time period is in your case. Cassation appeals are not available in all cases.

Our cassation lawyers will advise you on the possibilities of cassation and, if they prove to be possible, assist you in the proceedings at the Supreme Court.

Your opposing party appealed in cassation: now what?
The position of the opposing party in cassation is different from that in proceedings at the district court or the court of appeal. Our cassation lawyers will advise you on the chances of success of the appeal in cassation, whether it is advisable to put forward a defense and whether there are grounds for a (conditional) incidental appeal in cassation.

What is our approach?

Our cassation lawyers will always first provide you with written cassation advice advising you of the possibilities and opportunities in cassation proceedings and the associated risks. If this advice is negative, no cassation proceedings will be instituted (because there are no possibilities to do so) or no defense will be provided. If the advice is positive, cassation will be instituted or a defense will be put forward in due time in consultation with you.

Why choose our cassation lawyers?

Our cassation lawyers have proven expertise and experience in the field of cassations. In addition, we value a personal approach and open communication with our clients. We always put your interests first and seek the best possible outcome for your case. Contact us to discuss your case and discover how our cassation lawyers can help you.

With us, you are assured of professional cassation support. Contact our attorneys to receive more information or to schedule a free consultation.