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.
Lifting an attachment: when does the provisional relief judge grant it?
A prejudgment attachment is lifted where the claim is summarily without merit or on a balancing of interests; an attachment in execution only where there…
May a trustee in bankruptcy litigate for individual creditors?
May a trustee litigate through a mandate for a limited group of creditors? AG Snijders advises the Supreme Court to maintain the limit from De…
Warranties and forecasts in an acquisition: what the seller stands behind and what the buyer bears
Forecasts, warranties and due diligence in an acquisition In an acquisition the dispute often turns on a forecast that did not materialise. The Amsterdam Court…
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…