International Law

SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (III)

By Karel.Frielink

Judge will balance interests

In general the court will take into account the detriment which the plaintiff in summary proceedings will suffer if he has to wait too long for a judgment in a procedure on the merits.

In summary proceedings the judge needs to balance the interests of the plaintiff and the defendant. In practice, this balancing of interests plays an important role in the procedure. The judge may dismiss a claim in summary proceedings if the consequences for the defendant would be too drastic. An important factor will be the probability of a positive or negative decision on the merits. If the plaintiff is unable to sufficiently prove his claim or the case itself is a complicated one in which the demonstration of proof is necessary, the judge will, as a rule, refuse to reach a decision in summary proceedings.

A judge is not bound to apply the ordinary rules of evidence. The court, e.g., is not obligated to permit a party to prove the facts relevant to the dispute. The parties will therefore have to explain their opinion by way of documents submitted with their statements. Although, a judge is free to apply the ordinary rules of proof, this is seldom done since doing so would contradict the speedy character of summary proceedings.

Karel Frielink / Ursus van Bemmelen
Netherlands Caribbean Attorneys / Lawyers

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Full post as published by Karel's Legal Blog on July 25, 2009 (boomark / email).