Devolutive Effect of Appeal at the District Court of Leiden

Devolutive Effect of Appeal at the District Court of Leiden

The devolutive effect of appeal means that following a judgment from the District Court of Leiden, the case is fully transferred to the Court of Appeal. The court thoroughly re-examines the matter and issues an independent judgment, without the District Court of Leiden's judgment being automatically suspended. This plays a key role in personal injury cases for Leiden residents, who often urgently seek clarity on compensation after accidents in the city or region.

What does the devolutive effect mean exactly?

'Devolution' derives from the Latin 'devolvere', meaning 'to transfer'. On appeal, the case is thus handed over from the District Court of Leiden to the Court of Appeal, which obtains full authority to review everything – including aspects not explicitly mentioned in the notice of appeal, provided they were addressed in the first instance.

This goes beyond simply correcting errors. The court may revoke, uphold, or amend the District Court of Leiden's judgment. Unlike the suspensive effect, the judgment generally remains enforceable during the appeal proceedings.

Legal Basis

The devolutive effect of appeal is laid down in the Code of Civil Procedure (Rv), particularly Article 367 Rv. This provides for the case to devolve to the court, which acts as the first and last judge. Article 368 Rv limits the court to the facts from the first instance, except for new evidence.

For personal injury in Leiden, Article 6:97 of the Civil Code is key for recalculating damages. Enforcement is governed by Article 430 Rv, which allows for reservations despite devolution.

Devolutive Effect in Practice: Leiden-Specific Examples

Suppose you, as a Leiden resident, are the victim of a bicycle accident on Breestraat and the District Court of Leiden awards €50,000 in compensation. The opposing party appeals. Due to devolution, the Court of Appeal takes up the entire case: causation, medical records, and a revised amount, for example €75,000.

Or in a workplace accident at a construction site near Leiden University: the District Court of Leiden holds the employer not liable. On appeal, the court hears witnesses and reverses the decision – €100,000 must be paid. Without devolution, it would have been limited to reviewing the grounds of appeal.

• Advantage: Thorough reassessment.
• Disadvantage: Longer duration (average 12-18 months).

Rights and Obligations in Appeal

Rights:

• Notice of appeal within 3 months (Art. 339 Rv).
• Admission of new documents and witnesses (Art. 368 Rv).
• Cross-appeal possible.

Obligations:

1. Formulate grounds of appeal specifically against the District Court of Leiden's judgment.
2. No new facts outside the first instance.
3. Pre-finance court costs, unless via the Leiden Legal Aid Office.

Personal injury victims from Leiden often need to provide up-to-date medical information.

Difference from Suspensive Effect

Devolution often offers Leiden residents with injuries a chance for a better outcome.

Impact on Personal Injury in Leiden

In local cases, the court reviews pain and suffering and non-material damages. Case law (e.g. Court of Appeal of The Hague, ECLI:NL:GHDHA:2023:567) underscores the broad scope under devolution. Victims win around 40% of appeals (CBS).

More info: Appeal and Cassation.

Frequently Asked Questions

Tips for Leiden Residents

• Contact the Leiden Legal Aid Office for free advice.
• Hire a personal injury lawyer (no-win-no-fee).
• Draft grounds of appeal targeting the District Court of Leiden's damage assessment.
• Apply for summary proceedings for urgent needs, e.g. via Municipality of Leiden assistance.
• Document everything: medical records, witness statements.