Betterment and repair costs: when may a seller refuse to pay part of the bill?
Sellers and contractors often invoke a deduction for betterment. What matters is whether the repair extends the useful life, and the deduction is fixed head…
Disciplinary complaint about your lawyer: when does the tribunal step in?
The Disciplinary Appeals Tribunal suspended a lawyer for not knowing civil procedure well enough. It went wrong on two levels: the substance of the work,…
Evidence to the contrary against a deed on appeal: hear first, weigh afterwards
A signed loan agreement provides conclusive evidence, and evidence to the contrary is open against it. The Supreme Court set out what rebutting a deed…
Conclusive evidential force: what does a deed prove?
A deed provides conclusive evidence only of what a party states in it, and only for the benefit of the opposing party named in its…
Contractor bankrupt: when is the director personally liable?
A client who paid a contractor in advance looks to the director personally. First whether anything is recoverable, then three hurdles: contracting party, reproach and…
Hidden defects after buying a Dutch home: from suspicion to summons
Where a defect surfaces only after completion, the procedure often decides the case rather than the defect. When does the seller bear the repair costs,…
Threatening publicity: may a lawyer use the press as leverage?
A lawyer announced that his client would inform the media if no discussions were forthcoming. The Hague Disciplinary Tribunal imposed a warning. Where is the…