Newschevron_rightcontrast publication on procedural indemnity


contrast publication on procedural indemnity

17 september 2024
Publication Studentcorner

𝐏𝐫𝐨𝐜𝐞𝐝𝐮𝐫𝐚𝐥 𝐢𝐧𝐝𝐞𝐦𝐧𝐢𝐭𝐲: 𝐣𝐮𝐝𝐠𝐞’𝐬 𝐫𝐨𝐥𝐞 𝐢𝐧 𝐝𝐞𝐭𝐞𝐫𝐦𝐢𝐧𝐢𝐧𝐠 𝐜𝐨𝐫𝐫𝐞𝐜𝐭 𝐚𝐦𝐨𝐮𝐧𝐭 ⚖️🏛️

Can a Belgian judge 𝘦𝘹 𝘰𝘧𝘧𝘪𝘤𝘪𝘰 decide to award the correct procedural indemnity (‘𝘳𝘦𝘤𝘩𝘵𝘴𝘱𝘭𝘦𝘨𝘪𝘯𝘨𝘴𝘷𝘦𝘳𝘨𝘰𝘦𝘥𝘪𝘯𝘨’) when the parties have made a mistake, or must the judge always adhere to the amounts claimed by the parties? And what happens when parties forget to claim a procedural indemnity?

Our senior associate Benjamin Magnus answers these questions in his contribution in the Juristenkrant of 11 September 2024, in which he discusses several relevant judgments of the Belgian Court of Cassation.

𝐌𝐨𝐫𝐞 𝐢𝐧𝐟𝐨? As a subscriber to Jura, you can access the article here (in Dutch).

𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Feel free to contact Benjamin or your usual contact person at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭.

#litigation #disputeresolution #legalcosts #proceduralindemnity #rechtsplegingsvergoeding #justitie #contrastpublications


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