Appeal in Cassation

Cassation means that the decision of a lower court is reviewed by the Supreme Court.

The Supreme Court is the highest court in the Netherlands. The Supreme Court oversees the administration of justice and can set aside judgments of courts and tribunals if those judges fail to apply the law correctly or if there are procedural errors.

In almost all cases, cassation can only be instituted after the lower court has heard the case in full and issued a final decision. But sometimes it happens that the court gives permission to appeal in cassation in the interim.

Cassation opinion after an interim decision

It happens that a cassation lawyer is already consulted during the proceedings before the lower court. In fact, if an interlocutory judgment or interlocutory ruling has made decisions to the disadvantage of the party concerned, it is advisable to seek cassation advice and not to wait until the final judgment has been rendered. Adjustments can then still be made during the appeal and the error made can be brought to the court's attention.

What if the cassation succeeds?

Following a judgment of a court of appeal (there are four of them), it is the job of a cassation lawyer to advise on the possibility of appealing in cassation. If cassation is filed and the Supreme Court upholds the appeal, another court will then have to hear the case. That 'referral court' then makes the final decision.

In many cases, the cassation opinion is negative because no legal errors have been committed. This means that no cassation will then be filed. A cassation appeal cannot be filed on further grounds, such as an appeal. Since the cassation period in a regular soil case is usually only three months, there is thus not much time for studying the case file and making the opinion. It is therefore important to request a cassation opinion in good time, i.e. immediately after the judgment has been delivered.

Having the judgment studied by our lawyers

It is also possible to have a so-called Quick Scan analysis carried out by the cassation lawyer. This is not a full investigation but only a superficial study of the judgment. In many cases, it is possible to filter out the cases that will have no chance of success in cassation. Nevertheless, there is a risk that performing a Quick Scan analysis will not reveal certain errors if they are "hidden" in the file. This is a risk of which the client should be aware.

In ordinary proceedings on the merits, the cassation term is three months from the day of the judgment. But the cassation term in summary proceedings is shorter, namely only eight weeks. And in some special cases, the term is even more limited.

Obviously, a cassation opinion should not be issued only just before the expiry of the cassation period. There should be enough time left for seeking a second or even third opinion. This is another reason not to submit a case for an opinion only shortly before the deadline expires.

What does cassation cost?

Cassation costs

In cassation we charge a standard hourly rate, but fixed fee agreements can be made in consultation.

Quick Scan cassation advice

A Quick Scan analysis is carried out in all cases on a fixed-price basis.

On addition

Cassation proceedings can be conducted on an add-on basis, for clients with eligible income.

Providing a cassation opinion is a time-consuming exercise:

• the case file must be read through
• case law must be studied
• an analysis of the judicial decisions must be made

Quick Scan

In addition to providing a comprehensive opinion, we offer clients the option of the Quick Scan analysis, in which only the court's final decision is read and a preliminary opinion is given on the chances in cassation. This Quick Scan analysis can be carried out in a shorter time than a full opinion. As a result, the costs are also limited. Moreover, a Quick Scan need not stand in the way of a further comprehensive opinion.

Please note!

You remain personally responsible for timely filing an appeal in cassation with the registry of the court of appeal.