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It is often said that illegally obtained evidence may not be used in a lawsuit. However, this is not true. In criminal law, this is often indeed the case, but in civil court you may, in principle, use anything as evidence. Even if the evidence is illegally obtained. Still, some caution is warranted. Trial lawyer ...

In a ruling in late 2024, the Court of Appeal of The Hague (ECLI:NL:GHDHA:2024:2205) ruled on the correctness of a first instance order of the subdistrict court. In that ruling (ECLI:NL:RBROT:2022:11370), the subdistrict court granted a substitute authorization to install a roof structure. The court drew a line under this plan: a substitute authorization can conveniently...

Business owners are often required to stand as a private guarantor for a debt owed by their company. Whether it is a limited liability company or a partnership, a bank or other lender wants to have certainty that its claim will be paid. A private guarantor from the director-owner provides that security to some extent. That...

If the broker makes a false offer and the other party agrees, does a purchase agreement come into existence? The answer to that question is not black and white. It depends on whether the broker had power of representation. This has been the subject of much litigation. Quite simply, it depends on whether the broker was merely a...

There may be times when you make (or have to make) the choice to cut a lawsuit in two. In one case, you claim that your opposing party should be ordered to pay damages, to be made out in state. In the proceedings that follow (the damages state proceedings), the extent of the damages must be determined. If you have the...

Causal relationship is a concept from compensation law. Literally translated, it means ‘causal relationship. Causal relationship involves the question of whether there is a relationship between a cause and a direct effect. This is often determined by looking at whether there is a so-called ’conditio sine qua non. Thereby...