Appeals to the Supreme Court
If a party does not agree with the opinion of the highest court that rules on the merits (the Court of Appeal, as a rule), they may lodge an appeal with the Supreme Court. On appeal, the Supreme Court assesses whether the court which has ruled on the merits has applied the law correctly and whether the judgment is appropriately substantiated.
Litigation before the Supreme Court
Litigation before the Supreme Court is a discipline in its own right, which may only be conducted by specialist appeals advocates. Dirkzwager is one of the few firms outside the Randstad conurbation which has its own appeals team. Our appeals advocates deal with various civil law proceedings and are especially in their element when it comes to procedural, liability, health and public-private law. They have contributed towards the pronouncement of leading judgments handed down by the Supreme Court, including the following amongst others:
- the annulment of a judgment in which a claim by a claims foundation was deemed to be inadmissible due to a procedural omission (ECLI:NL:HR:2020:587);
- the successful defence of a healthcare provider against a claim to grant access to an internal report (ECLI:NL:HR:2023:202).
Lodging or anticipating an appeal to the Supreme Court
One may only lodge an appeal with the Supreme Court or defend oneself before it with the aid of a specialist appeals advocate. In addition, one’s position may be considerably strengthened by engaging such an appeals advocate during preceding litigation (before a district or appeals court).
Dirkzwager regularly provides advice on complex legal issues that may be brought before the Supreme Court. Our appeals advocates offer expert advice, assistance during an appeal before the Supreme Court (in the case of a favourable recommendation) and support in preliminary ruling procedures.
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