The partial dispute procedure offers an efficient way to have a specific bottleneck in a personal injury case assessed by the court. This can help to get stalled negotiations in Leiden back on track.
What does a partial dispute entail?
A partial dispute is a legal procedure in which the judge rules on one specific obstacle that impedes the settlement of a case, such as:
- Who is liable?
- To what extent does contributory negligence play a role?
- Is there a causal link?
- A specific head of damage.
What are the benefits?
| Feature | Partial Dispute | Full Procedure |
|---|---|---|
| Duration | 3-6 months | 1-2 years |
| Costs | Limited | High |
| Focus | One issue | Entire case |
| Court fee | € 314 | € 314 - € 2.277 |
When is a partial dispute appropriate?
A partial dispute is a good choice if:
- There is one clear point of conflict.
- A ruling on it can unblock the case.
- The issue is suitable for quick handling.
How does the procedure proceed?
- File a petition with the District Court of The Hague, Leiden location.
- The opposing party may file a response.
- Hearing with oral explanation.
- The judge issues a decision (ruling).
Costs of a partial dispute
Usually, the costs of a partial dispute procedure are reimbursed by the liable party, even in case of loss, unless the procedure was unnecessary or unfounded.
Is appeal possible against a partial dispute ruling?
No, direct appeal is not possible. You can only challenge the decision in a full substantive proceedings.What if the insurer does not pay after the ruling?
In that case, you can initiate substantive proceedings or take enforcement measures if the ruling contains a payment obligation.Is a lawyer necessary for a partial dispute?
No, it is not mandatory, but advisable due to the legal complexity of the procedure.Questions about partial disputes in Leiden
When do I choose a partial dispute in my personal injury case?
A partial dispute is suitable if one specific problem, such as liability, is blocking the case. It is particularly helpful if other points have already been agreed and a quick ruling can advance the negotiations.
How do I start a partial dispute and what does it cost?
You file a petition with the District Court of The Hague, Leiden location, with a clear description of the conflict. The court fee is € 314, plus any lawyer's fees. These costs are often reimbursed by the opposing party.
Can a partial dispute determine the amount of non-pecuniary damages?
Yes, a partial dispute can specifically concern non-pecuniary damages if there is disagreement about it. The ruling on it is binding and can accelerate the rest of the case.
What if I lose the partial dispute?
If you lose, the ruling on that specific point stands. Direct appeal is not possible, but you can initiate substantive proceedings to challenge the decision.
How long does a partial dispute procedure take?
On average, it takes 3 to 6 months, much faster than a full lawsuit which often takes years. The exact time depends on the case and the court schedule.
Must the insurer participate in a partial dispute?
Yes, the insurer is obliged to cooperate and may file a defense. Failure to cooperate can have negative consequences for their position.
What are the risks of a partial dispute?
The risk is that you lose and the ruling is against you. In addition, costs may not be reimbursed if the judge finds the petition unjustified.
For more information or assistance, you can contact the Juridisch Loket Leiden at Stationsweg 46.