Ms Romy Smit

Romy Smit



More restraint required in granting permission for pre-judgment seizure
Netherlands | 20 March 2018

The Netherlands has traditionally been known as a country in which it is easy to seize before judgment. However, preliminary relief judges seem to be increasingly strict when it comes to granting permission to levy a pre-judgment seizure. For example, creditors must now properly indicate the specific basis of a claim and preliminary relief judges often expect evidence to be submitted. In a recent case, the preliminary relief judge of the Noord-Holland District Court ruled, in so many words, that restraint is required.

Can you prevent pre-judgment garnishment by receiver of D&O insurance?
Netherlands | 17 October 2017

Directors and supervisory board members of public and private companies are increasingly being sued by receivers in bankruptcies on the basis of the Civil Code. While directors are protected to a certain extent by indemnification or director and officer liability insurance, they are often confronted by receivers that levy pre-judgment garnishment on the insurer with which the director is insured in order to secure their recovery. In reality, such garnishment is undesirable for directors, insurers and receivers.