The partial dispute procedure offers an efficient way in Utrecht to settle a specific conflict in a personal injury case. This can help to get stalled negotiations back on track.
What does a partial dispute entail?
A partial dispute is a legal procedure at the court where one bottleneck in a case is submitted, such as:
- Who is liable?
- How much contributory negligence is involved?
- Is there a direct causal link between cause and damage?
- A specific head of damage.
What are the benefits?
| Feature | Partial Dispute | Full Proceedings |
|---|---|---|
| Duration | 3-6 months | 1-2 years |
| Costs | Relatively low | Relatively high |
| Focus | One specific issue | Entire case |
| Court fee | € 314 | € 314 - € 2.277 |
When is a partial dispute appropriate?
A partial dispute is ideal in Utrecht if:
- There is one clear point of conflict.
- A ruling on it can unblock the case.
- The situation requires a quick assessment.
How does the procedure proceed?
- File a petition with the Midden-Nederland District Court.
- The opposing party may file a response.
- A hearing takes place for oral explanation.
- The judge issues a binding ruling.
Costs of a partial dispute
In most cases, the costs of the partial dispute procedure in Utrecht are borne by the liable party, even in the event of loss, provided that the procedure was not started unnecessarily.
Is appeal possible against a partial dispute ruling?
Direct appeal is not possible. You can only challenge the ruling via full proceedings.What if the insurer does not pay out after the ruling?
You can then initiate full proceedings or take enforcement measures in the event of a payment judgment.Is a lawyer necessary for a partial dispute in Utrecht?
It is not mandatory, but advisable due to the legal complexity. Contact the Juridisch Loket Utrecht for advice.Frequently asked questions about partial disputes in Utrecht
When do I choose a partial dispute procedure in my personal injury case?
A partial dispute is suitable if one specific problem is blocking progress, such as liability. It is ideal if other matters have already been settled and a quick ruling helps to move forward.
How do I start a partial dispute and what does it cost?
File a petition with the Midden-Nederland District Court (Vrouwe Justitiaplein 1, Utrecht). The costs include court fees (€ 314) and possibly lawyer's fees, often reimbursed by the opposing party.
Can non-pecuniary loss be determined via a partial dispute?
Yes, a partial dispute can specifically concern non-pecuniary loss. This helps if you and the insurer disagree on the amount.
What if I do not win the partial dispute?
If you lose, the ruling is binding on that point. Direct appeal is not possible, but you can start full proceedings to challenge it.
How long does a partial dispute in Utrecht take?
On average, it takes 3 to 6 months, much faster than a standard procedure of 1-2 years, depending on the case and court scheduling.
Does the insurer have to participate in a partial dispute?
Yes, they are obliged to cooperate and can defend their position during the procedure. Refusal can harm their case.
What are the risks of a partial dispute?
The risk is that you lose and the ruling is unfavourable. Costs may also not be reimbursed if the judge finds that the procedure was started unjustifiably.