procedural law Archieven - Hupkes cs advocaten

Counter-procedures CFD brokers stranded

A counter-offensive by the providers of CFD products has been halted. The judge in Cyprus refuses permission to take Dutch consumers to court. fake ads These are providers of contracts for difference (CFDs) from Cyprus who sell these investment products through fake advertisements about bitcoins and famous people. Last year, several Dutch courts declared themselves competent to hear cases against these parties. The stake is now more than € 8,000,000. Which judge? The CFD brokers [...]

Hupkes advocaten2022-08-17T17:50:47+01:0020 April 2021|Contracts for Difference (CFD Providers), Investment Fraud & Boiler Rooms|

Developments in the lawsuits against the CFD brokers from Cyprus

Lawsuits are pending in various Dutch courts against sellers of CFDs (contracts for difference) from Cyprus. Victims have lost a lot of money, with peaks of up to 800,000 euros. Most victims say they ended up at the CFD brokers through a fake advertisement with a well-known Dutch person. What are the developments in these lawsuits?

Hupkes advocaten2023-09-08T11:03:54+01:0021 July 2020|Contracts for Difference (CFD Providers)|

Dutch Civil Litigation

In the Netherlands most cases begin in the district court (“rechtbank”). Appeals against decisions of the district court can be heard at one of the four high courts (“gerechtshof”). Above the high courts is the supreme court, the High Council of the Netherlands (“Hoge Raad”) Summary proceedings In the Netherlands, “summary proceedings” is a popular procedure intended to quickly provide clarity regarding legal disputes. Just as in other countries, court cases can take a long [...]

Hupkes advocaten2022-08-17T17:56:46+01:0020 April 2020|Appeal, How To, Summary Proceedings|

Transaction monitoring: more fraud claims for banks?

ING has been fined by the Public Prosecution Service because the bank does not act properly against money launderers. Criminals who transfer money through ING are not dealt with properly by the bank. There are many developments in the field of money laundering, mainly due to new technological possibilities. De Nederlandsche Bank (DNB) not only supervises the stability, but – in keeping with the spirit of the times – also the integrity of the financial [...]

Hupkes advocaten2022-08-19T11:32:06+01:0015 September 2018|Duty of Care Banks, Fraud & Deception, Investment Fraud & Boiler Rooms, Liability, Unlawful Act|

Is attachment at the expense of an unknown counterparty possible?

In scams, the perpetrator likes to stay out of the picture. Banks allow scammers to open a bank account with an unclear name so that the identity of the account holder is unclear. Can the bank account still be seized then, although in a court proceeding you have to know who the other party is?

Hupkes advocaten2022-08-19T11:33:22+01:0012 August 2018|Fraud & Deception, Preservatieve Attachment, Unlawful Act|

Is a judgment from abroad recognized in the Netherlands?

States are sovereign and it is not self-evident that a court decision from another country is recognized. However, there are treaties on the basis of which a decision of a foreign court in the Netherlands can be recognized and enforced by the bailiff. In the absence of a treaty, a special arrangement applies: art. 431 Rv.

Hupkes advocaten2022-08-19T11:34:17+01:0030 June 2018|European Bank Account Preservation Order, How To|

How do you get rid of a bank account preservative attachment?

Seizure on a bank account is quite a nuisance for the person it affects. This certainly applies if the bank sets aside the entire balance of the account, while the stake in the legal dispute is lower than the balance. What is a quick solution to clear the bank account? In legal practice, a lot of work is done with depositing security into a third-party account of a lawyer. This warranty is equivalent to attachment.

Hupkes advocaten2022-08-19T11:39:11+01:008 April 2018|Appeal, How To, Preservatieve Attachment, Summary Proceedings|

Can the sale of a joint home be delayed?

A home may be jointly owned, for example, in a marriage or in cohabitants who each own half. If the relationship breaks up or a divorce is filed, one party may have an interest in selling (because of the proceeds) and the other may have an interest in delaying the sale. How is this regulated by law?

Hupkes advocaten2022-08-19T11:40:42+01:0029 March 2018|Disputes about Residential Property, Division of Co-owned Property|

Can you file for the bankruptcy of a “Limited” in the Netherlands?

Dutch entrepreneurs can set up a foreign legal entity such as the English "Limited" (Ltd.) with which they are only active in the Netherlands. Sometimes it concerns entrepreneurs with a history of fraud or bankruptcy, who - not for the first time - do not fulfill their obligations. What if you have money from such a limited and the company does not pay? Can you go to the Dutch court to file for bankruptcy or do you have to conduct expensive proceedings abroad?

Hupkes advocaten2022-08-19T11:45:38+01:0023 March 2017|Bankruptcy, Claiming Salary, Fraud & Deception, How To|

Tackling a scammer (part 2): compensation

We have received many positive responses to our article on tackling scammers dated April 2, 2016. Most of the responses came from people who have been victims of a scammer. We also received many questions about the legal means that a lawyer can use to recover the damage from a scammer. The article was about tackling scammers through civil courts. Words like “fraud” and “fraud” are not in the Civil Code. So what are the tools we use to recover money from a scammer in a lawsuit? In this article we give a look into our kitchen. This is how we work if we summon a scammer and arrange compensation for you.

Hupkes advocaten2022-08-19T11:51:42+01:0012 May 2016|Fraud & Deception, How To, Unlawful Act|

WWZ & wage claim. Petition or subpoena?

The dismissal law would become simpler. Therefore, the petition procedure would become the rule in dismissal cases. But in labor law, many cases still remain that begin with a subpoena.

Hupkes advocaten2024-03-07T17:03:07+01:0025 August 2015|Claiming Salary, Dismissal|