Deelgeschil
Sub-dispute (deelgeschil)
A sub-dispute is a fast court procedure in which the judge decides one specific point of dispute in a personal-injury case, so the parties can continue negotiating afterwards.
Sub-dispute
A sub-dispute ('deelgeschil') is a court procedure that puts one defined point of dispute in a personal-injury case before the judge, without immediately litigating the whole case. It is governed by Articles 1019w–1019cc of the Dutch Code of Civil Procedure (Rv) and is specifically intended for personal-injury cases. The aim is to break a deadlock in out-of-court negotiations so parties can continue negotiating or reach a final settlement.
Features
Practical consequences
A sub-dispute is especially useful when parties cannot agree on one crucial point and the whole settlement stalls — for example a dispute over the percentage of contributory negligence (Article 6:101 BW) or whether certain complaints are causally linked to the accident. The court's order brings clarity and often pushes parties to settle. If the request is rejected, the costs are usually not reimbursed. The procedure does not replace main proceedings but can prevent them.
“Because the insurer kept disputing liability, the victim started a sub-dispute procedure under Article 1019w Rv to have the court give a binding decision on it.”
Source: AI
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