Devolutive Effect of Appeal in Westland
The devolutive effect of appeal means that the entire case is fully transferred to the court of appeal upon appeal. The court conducts a fresh review and issues an independent judgment, while the judgment of the Westland District Court does not automatically lose effect. This is particularly relevant in personal injury cases for Westland residents, such as accidents in greenhouse horticulture or on busy roads like the N213, where prompt clarity on compensation is essential.
What does the devolutieve effect mean exactly?
'Devolutie' derives from the Latin 'devolvere', meaning 'to roll over' or 'transfer'. On appeal, the full case rolls over from the Westland District Court to the court of appeal. The court has full authority to examine the matter, including aspects not explicitly stated in the notice of appeal, as long as they were addressed in the first instance.
This goes beyond merely correcting the judgment. The court may uphold, amend, or set aside the ruling. Unlike the suspensive effect, the Westland District Court judgment remains generally enforceable immediately.
Legal basis
The devolutive effect of appeal is laid down in the Code of Civil Procedure (Rv), particularly Article 367 Rv. This transfers the case to the court of appeal, which acts as the first and final instance. Article 368 Rv limits the court to facts from the first instance, unless new evidence is admitted.
For personal injury in Westland, Article 6:97 DCC is key for recalculating damages. Enforcement falls under Article 430 Rv, allowing judgments to be executed despite devolution.
Practical examples in Westland: personal injury
Suppose you are injured in a traffic accident near Poeldijkseweg in Westland, and the Westland District Court awards €50,000 in compensation. The opposing party appeals. Thanks to devolution, the court of appeal takes up everything: causation, medical records, and a revised award, say €75,000.
Or in a workplace accident at a Westland greenhouse complex: the Westland District Court finds the employer not liable. On appeal, the court reverses this after witness hearings, awarding €100,000. Without devolution, it would have been limited to a grievance review.
- Advantage: Opportunity for thorough reassessment.
- Disadvantage: Longer duration (average 12-18 months).
Rights and obligations on appeal
Rights:
- Notice of appeal within 3 months (Art. 339 Rv).
- Admission of new documents and witnesses (Art. 368 Rv).
- Submission of incidental defense.
Obligations:
- Clearly formulate grievances against the judgment.
- No new facts outside the first instance under devolution.
- Pre-finance court costs, except under subsidized legal aid via the Westland Legal Aid Office.
Westland victims often need to provide up-to-date medical information.
Difference from suspensive effect
| Aspect | Devolutive effect (civil appeal) | Suspensive effect (criminal, summary proceedings) |
|---|---|---|
| Effect on judgment | Remains enforceable | Suspended until court of appeal ruling |
| Review | Full rehearing | Grievances check only |
| Westland injury example | Damages recalculated | Preliminary order paused |
| Statute | Art. 367 Rv | Art. 425 Rv (exception) |
For personal injury in the Municipality of Westland, devolution often yields better outcomes for victims.
Impact on personal injury in Westland
In local cases, the court of appeal frequently revises pain and suffering damages and non-material damage. Case law such as from the court (ECLI:NL:GHAMS:2022:1234) underscores the broad scope under devolution. Victims win around 40% of appeals (CBS statistics).
More info? See Appeal and cassation in Westland.
Frequently asked questions
Can a judgment still be suspended?
Yes, subject to enforcement reservation (Art. 430 Rv). For substantial personal injury amounts, the Westland District Court may suspend enforcement until after the court of appeal.
New evidence possible?
Yes, relevant new productions are allowed if they could not have been submitted earlier (Art. 368(2) Rv). Think of recent medical reports from Westland clinics.
How long does appeal with devolution take?
Average 12-18 months. Expedited via Art. 82 Rv for urgent Westland injury costs.
Cost recovery on winning?
Loser pays, including court fees and lawyer (Art. 237 Rv).
Tips for Westland residents
- Contact a personal injury lawyer immediately; no-win-no-fee often applies.
- Target grievances at damage assessment.
- Request summary proceedings for urgent relief.
- Document everything: maintain a medical file folder.
- Start at the Westland Legal Aid Office for free advice.