Devolutive effect of appeal in Rijswijk

Devolutive effect of appeal in Rijswijk

In Rijswijk, the devolutive effect of appeal means that a case is fully transferred to the Court of Appeal after a judgment by the Rijswijk District Court. The court conducts a fresh assessment and issues an independent ruling, while the district court's judgment generally remains enforceable. This is crucial in personal injury cases for Rijswijk residents, who often urgently seek clarity on compensation.

What does the devolutieve effect entail?

The term 'devolution' derives from the Latin 'devolvere', meaning 'to transfer'. In an appeal, the entire case is thus passed from the Rijswijk District Court to the Court of Appeal. The court has full authority to thoroughly examine the matter, including aspects not explicitly stated in the notice of appeal, provided they were addressed in the first instance.

This goes beyond merely correcting the judgment. The court may uphold, amend, or set aside the decision. Unlike suspensive effect, the Rijswijk District Court's judgment can be enforced during the proceedings.

Legal basis

The devolutive effect of appeal is set out in the Code of Civil Procedure (Rv), particularly in Article 367 Rv. This provides that the appeal transfers the case to the Court of Appeal, which acts as the first and only judge. Article 368 Rv adds that the court bases its decision on the facts from the first instance, unless new evidence is admitted.

For personal injury in Rijswijk, Article 6:97 BW is key for recalculating damages. Enforcement is governed by Article 430 Rv, which allows for reservations despite the devolution.

Practical examples in personal injury cases around Rijswijk

Suppose you are injured in a traffic accident on the A13 near Rijswijk, and the Rijswijk District Court awards €50,000 in compensation. The opposing party appeals, claiming the amount is too high. Thanks to the devolutieve effect, the Court of Appeal re-examines everything: causation, medical records, and ultimately awards a revised amount of €75,000.

Or consider a workplace accident at a Rijswijk company: the Rijswijk District Court holds the employer not liable. As the victim, you appeal. The Court of Appeal takes over the case, hears new witnesses, and reverses the ruling: €100,000 must be paid out. Without devolution, it would have been limited to specific grievances.

• Advantage: Thorough reassessment.
• Disadvantage: Longer duration (average 12-18 months).

Rights and obligations of parties in Rijswijk

Rights in appeal:

• File the notice of appeal within 3 months (art. 339 Rv).
• Admit new documents and witnesses (art. 368 Rv).
• Cross-appeal possible.

Obligations:

1. Draft clear grounds of appeal against the judgment.
2. No new facts outside the first instance (devolution).
3. Pay advance court costs, or use subsidized assistance such as the Rijswijk Legal Aid Office.

Personal injury victims in Rijswijk often need to provide up-to-date medical information.

Difference from suspensive effect

For Rijswijk personal injury victims, devolution is often advantageous due to the chance of higher compensation.

Impact on personal injury in Rijswijk

In local cases, the Court of Appeal frequently revises pain and suffering damages and non-pecuniary loss. Case law from the Court of Appeal of The Hague (ECLI:NL:GHDHA:2023:567) underscores the broad powers. Victims win around 40% of appeals (CBS figures).

More information? See Appeal and cassation.

Frequently asked questions

Tips for Rijswijk residents

• Contact the Rijswijk Legal Aid Office or a personal injury lawyer (no-win-no-fee).
• Formulate grounds of appeal targeting the damages ruling.
• Request summary proceedings for immediate relief.
• Document everything: medical reports, Rijswijk Municipality assistance, and expenses.