Note: partial dispute procedure not intended to force parties around the negotiating table


In Jurisprudentie Aansprakelijkheid (JA) 2018, no. 20, Petra klein Gunnewiek wrote a note to the partial dispute ruling of the District Court of Rotterdam of 3 November 2017.

This procedure concerned an occupational accident in which a ship's captain had slipped in the shower and held his material and formal employer liable for damage. According to the District Court, the partial dispute procedure was, given the fact that evidence had to be provided in multiple other points as well, not the correct legal procedure. The District Court considered that the partial dispute procedure is not intended to force parties around the negotiating table, seeing as negotiations had not started yet.

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