Inspection of documents is not an interim measure: choosing the right procedural route
A claim for inspection cannot be brought as an interim measure for the duration of the proceedings. Which route works under the law of evidence…
The former bookkeeper is holding on to the administration: enforcing delivery in summary proceedings
The former bookkeeper is holding on to the digital administration. How a company enforces delivery in summary proceedings, and where the limits lie.
He who asserts must prove? Why that rule of thumb is too crude
The adage 'he who asserts must prove' is too crude. Two judgments show when a defence does and does not shift the burden of proof.
When is a notary liable for a professional error?
Recent Dutch case law on the professional liability of the civil-law notary: the standard, the duty to inform and verify intent, the Novitaris line, causation…
When is an accountant liable for a professional error?
A company fails soon after an unqualified audit opinion. Is the accountant liable to those who relied on the figures? Dutch case law from Vie…
GDPR access request as a business model: when is it an abuse of rights?
A claimant who systematically filed GDPR access requests against online retailers was declared inadmissible for abuse of rights. The framework and what retailers can do.
Duty to disclose or duty to warn? What a bank must tell you about a risky financial product
Two duties that are often confused When a bank sells a financial product, it is subject to two distinct duties: the duty to disclose (informing…