Legal costs litigation Netherlands?
A frequently asked question from clients from the United Kingdom and the United States of America: can I recover my full costs from the counterparty in the Netherlands? The losing party must pay the winning party’s legal costs. In the Netherlands, however, it has been decided that the cost order pronounced by the court is only a fraction of the actual costs. Who pays for the legal costs of litigation in the Netherlands?
Dutch court and legal costs
In the United States, a full legal cost order usually applies, including the costs of the lawyer. This was not chosen in the Netherlands, also in order to keep access to the Dutch courts accessible. The costs incurred by a party are determined by the court on the liquidation rate.
There are different rates. For example, it is more expensive on appeal, a difference is made in costs for a natural person and a legal person. The costs are also made dependent on the size of the claim. The more that is claimed, the higher the liquidation rate will be.
Full legal costs reimbursed in the Netherlands?
Nevertheless, in some cases it is possible to reclaim the high costs of litigation.
If procedural law is abused or if there is unlawful action, it is possible under certain circumstances to reclaim the attorney’s fees in the Netherlands. In case law, however, judges are reticent about this, although it is more often awarded than was previously the case.
What are the costs of litigation n the Netherlands?
The attorney’s fees are often the most important component in litigation. Although litigation is generally expensive, litigation is cheaper than in the United States, for example. Only in the Netherlands there is no litigation on the basis of “no cure, no pay”.
Another cost of going to court is the court fee. Furthermore, a summons must be served by a bailiff, which also involves costs. During court proceedings (this does not happen regularly) an expert can also be appointed. It is often decided that the costs of the expert are for the party that is right (or gets it!). However, such costs must be paid in advance.
Questions about the costs of litigation in the Netherlands?
Who pays the legal costs of litigation in the Netherlands? Do not hesitate to contact Jasper Hagers, litigation lawyer.