How do you conduct a summary proceeding?
Applications for a summary proceeding can be a very useful tool for reaching a solution quickly and effectively. After all, a court case can take a very long time. It is (unfortunately) no exception that a proceedings on the merits takes more than a year. Summary proceedings can offer a solution: you will have a definite answer within a short time. However, the judged hearing the application for interim measures always gives a preliminary judgment.
Summary proceedings: no final judgement, however often definitive solutions
In summary proceedings, the judge does not give a final judgment of the case. It is always a preliminary judgment: a judge deciding on the proceedings on the merits can decide very differently. This means that in summary proceedings no legal status can be definitively established. For example, a statement of entitlement that someone has acted wrongfully or wrongly is not possible in summary proceedings. The judge hearing the application for interim measures can judge in advance that this is the case. In order to obtain a final decision, a proceedings on the merits must therefore be conducted.
In practice, however, it is very often the case that parties do not continue to litigate. The judge has given them a decision.
Urgent interest is required in summary proceedings. Although an urgent interest is usually quickly accepted by judges, it is also the case that the judge hearing interim measures nevertheless states that the claim must be dealt with in the proceedings on the merits. Sometimes the urgent interest is evident (your bank account is cancelled) and sometimes it is less clear whether there is an urgent interest. The major advantage of summary proceedings is that the time limits can be very short. For example, if a publication is published in the newspaper next week, the summary proceedings may have taken place before the publication has taken place.
Cash claim in summary proceedings
It is also possible to claim money in summary proceedings. In that case, however, the summary proceedings judge is usually reluctant, in the sense that the monetary claim must be sufficiently established. However, an urgent interest must also be demonstrated: why can a proceedings on the merits not be awaited? This could be, for example, because the company gets into money problems, because there is no payment. The question therefore arises whether there is a restitution risk. The judge hearing a summary proceeding will take into account the risk of restitution.
How does a summary proceeding work?
A summary proceeding begins with an application before a court. The court is then asked to set a date for a hearing. If the matter is urgent, the court can decide to differ from the normal seven-day term for submitting your writ of summons. The court can then impose special conditions, for example that the summons must be emailed to the other party. When applying for a summary proceeding, the draft summons must be sent. This way, the court also has access to the matter and can determine which judge or judges will handle the case. If the court sets a date, then the summons must be served. Subsequently, the defendant can choose to defend himself only at the hearing. However, it sometimes happens that the defendant chooses to send a written defense earlier. The defendant can also file a counter-claim. After the hearing, a judgment is (usually) delivered within two weeks. In cases of great urgency, the summary judgment can be delivered earlier.
What is a collection for summary proceedings?
In fact, summary proceedings can cover almost all subjects. However the handling of a summary proceeding is bound to the question of whether a preliminary judgment can be given. For example, if a company wants to have a final ruling on whether its runaway director has unlawfully fetched the company data, it will be difficult to ask for this in summary proceedings. However, if a penalty has been agreed and there is clear evidence, an advance on the damage should be possible.
A collection for summary proceedings is a procedure in which simple monetary claims are handled at a fixed time. This could include for instance telephone or electricity bills.
Lifting a seizure in a summary proceeding and an enforcement dispute
An enforcement dispute and / or summary proceedings can be initiated if there is a dispute about a seizure. If a precautionary seizure has been made and you disagree, you can initiate a summary proceedings in order to lift that seizure.
Summary proceeding lawyer
Fennek Lawyers has years of experience in conducting summary proceedings. These proceedings should never be underestimated. Strategy and tactics in summary proceedings are very important, both for the claimant and for the defendant. We can assist you.