An unfavorable first instance ruling need not be the end point.
An unfavorable first instance ruling need not be the end point.
An unfavorable first instance ruling need not be the end point. The lawyers of Guldemond Advocaten have extensive experience with procedures in appeal at the courts of appeal. We offer strategic advice on the chances in appeal and guide you through the entire process of legal remedies. For cassation procedures, we work closely with renowned cassation lawyers to optimally represent your interests.
The decision to appeal requires careful consideration. It involves not only the legal merits of the case, but also practical and commercial considerations. Our lawyers thoroughly analyse the first instance judgment, identify possible grounds for appeal and make a realistic assessment of your chances of success. An important aspect here is whether a successful appeal will actually yield the desired result. We look not only at the legal possibilities, but also at the enforcement possibilities and financial feasibility. Sometimes a settlement after a first instance judgment can offer a better outcome than lengthy appeal proceedings.
Appeal litigation is a specialism in itself. The procedure has its own rules and pitfalls, and requires a different approach from proceedings at first instance. Our lawyers are familiar with the court’s specific requirements for substantiation of grievances and presentation of new positions. A crucial stage in the appeal is the formulation of the grievances against the judgment. These determine the scope of the appeal and thus your ability to present the dispute to the court. We pay particular attention to a thorough substantiation of the grievances and ensure a clear presentation of your case.
On appeal, deadlines are strict. The decision to appeal often has to be made quickly, while the preparation of grounds requires care. We ensure timely submission of the notice of appeal and carefully monitor all procedural deadlines. In doing so, we take into account possible incidents and provisional provisions that may be required during the appeal.
For Supreme Court proceedings, we work closely with renowned cassation lawyers. Cassation is a highly specialised area of law that requires specific expertise. We guide our clients in choosing the right cassation lawyer and remain closely involved throughout the proceedings as a sparring partner and information provider. Because of our knowledge of your case and our experience with the prior proceedings, we form a valuable link between you and the cassation lawyer. Together with the cassation specialist, we assess the feasibility of cassation proceedings and the possible grounds for them, such as violation of the law or insufficient motivation of the judgment. This cooperation ensures that you receive optimum assistance in this important final step in Dutch case law.
International disputes may involve special aspects on appeal:
Sometimes it is possible and desirable to file interim appeals against certain decisions. There may also be a need for interim relief during the appeal process. We advise you on options such as:
An important consideration on appeal is the enforcement of the first instance judgment. We advise on:
Our attorneys have extensive experience in proceedings in all courts. We offer:
Are you dealing with an unfavorable ruling? Contact directly contact for an analysis of your apple opportunities.
