Current

Declaratory judgment not provisionally enforceable? Once you have received a judgment or order, you want (in most cases) to be able to execute it immediately. To do so, you can ask the court to declare the judgment or order provisionally enforceable. You can read more about that in this article. But.

Subpoena not served, now what? The law states that a subpoena must meet all kinds of requirements. And rightly so: a subpoena initiates court proceedings and the consequences can be severe. Another important requirement is that the plaintiff must send the subpoena to the court on time. This is called ‘filing’....

VvE doesn't count blank votes, court does. Who had it right? At a large Owner's Association (VvE) in the Utrecht region, a dispute arose over whether or not a decision to make preservation was made. Three scenarios for that preservation were presented to the meeting of the VvE. The...

Can landlords change locks and vacate? Sometimes they are! A thorn in every landlord's side: a tenant who does not pay. You often have to wait until the rent arrears reach three months before you can successfully initiate summary eviction proceedings. Does it concern a house? Then nowadays you even have to file a report first...

Does mediation clause prevent initiation of litigation? The Supreme Court ruled yesterday on the question of whether a mediation clause in an agreement obliges parties to actually try mediation first, before initiating litigation. According to the Supreme Court, mediation may indeed be mandatory. This may result in the judge before whom a...

Lawyer acts for both member and owner of an association, is that allowed? In a recent ruling by the Arnhem-Leeuwarden Board of Discipline, a lawyer was reprimanded for acting for both an Owners' Association and a member of that association. According to the Council he had violated the core values of independence and partiality. Lawyer...