After a judgment in first instance, you can appeal to the court of appeal. Against the decision of the court of appeal, cassation is possible at the Supreme Court. Both procedures have specific rules and limitations that apply in the Westland region.
Appeal in Westland
Appeal gives you the opportunity to have your case fully reassessed by a higher court, often via the District Court of The Hague (district).
Characteristics of Appeal
| Feature | Details |
|---|---|
| Judicial Body | Court of Appeal |
| Time Limit for Filing | Within 3 months after judgment |
| Lawyer Required | Yes, mandatory |
| New Facts Allowed | Yes, possible due to devolutory effect |
| New Evidence | Yes, can be submitted |
| Full Reassessment | Yes, both facts and legal aspects |
When to Lodge an Appeal?
- Dissatisfaction with the first instance judgment
- New evidence or facts that may influence the case
- Incorrect legal interpretation by the court
- Expectation of a more favorable outcome at the court of appeal
Limitations on Appeal
Appeal is not always possible:
- Cases with a financial interest under €1,750: no appeal possible
- Certain subdistrict cases: limited right of appeal
- Agreements between parties: appeal may be excluded
Appeal Procedure
The appeal procedure follows a strict process.
Steps in the Process
- Writ of Appeal: file within 3 months after the judgment
- Statement of Appeal: enumeration of objections to the judgment
- Statement in Answer: response from the opposing party
- Incidental Appeal (optional): cross-appeal by the other party
- Hearing: oral explanation before the court of appeal
- Proof (if necessary): present additional evidence
- Judgment: final decision of the court of appeal
Cassation at the Supreme Court
Cassation is the ultimate legal remedy and focuses exclusively on legal issues, not on the facts of the case.
Characteristics of Cassation
| Aspect | Description |
|---|---|
| Body | Supreme Court of the Netherlands |
| Time Limit for Filing | Within 3 months after judgment of the court of appeal |
| Lawyer | Specialist cassation lawyer required |
| New Facts | Not allowed |
| Review | Exclusively legal review, no facts |
Grounds for Cassation
The Supreme Court will quash a judgment only on certain grounds:
- Breach of Law: incorrect application or interpretation of legislation
- Procedural Errors: non-compliance with formal rules
- Motivation Issues: unclear or insufficient reasoning
Costs of Legal Remedies in Westland
The costs of appeal and cassation can be high, also in the Westland region.
Overview of Costs
| Phase | Court Fee | Lawyer Costs |
|---|---|---|
| Appeal | €343 - €5,689 | €10,000 - €30,000 |
| Cassation | €882 - €7,049 | €15,000 - €50,000 |
Possible Outcomes
The higher court can take various decisions depending on the case.
Appeal Outcomes
- Affirmation: the original judgment remains in force
- Quashing: the judgment is declared invalid, the court of appeal pronounces new law
- Partial Quashing: parts of the judgment are upheld, others quashed
Cassation Outcomes
- Dismissal: the judgment of the court of appeal remains in force
- Quashing with Referral: case is referred back to another court of appeal
- Quashing with Disposal: the Supreme Court decides the case itself
Important Considerations
Initiating an appeal or cassation requires a well-considered decision.
Pros and Cons
| Factor | Advantage | Disadvantage |
|---|---|---|
| Chance of Success | Strong arguments for success | Small chance of change |
| Financial Burden | If successful: costs possibly recovered | If unsuccessful: high costs borne oneself |
| Duration | Definitive clarity after conclusion | Additional years of delay |
| Emotional Impact | Sense of justice | Stress from ongoing legal battle |
Practical Advice for Westland
- Have a legal expert, such as the Juridisch Loket Westland, assess the chance of success
- Be aware of the long duration and associated costs of procedures
- Consider a settlement as an alternative to a lengthy process
- Engage an experienced cassation lawyer for cassation
- Keep the 3-month deadline for filing appeal strictly in mind
Frequently Asked Questions in Westland
What are my options after a first instance judgment?
In the Westland region, you can within 3