Update on the matter concerning the principle of public justice in The Netherlands

In October 2019, Taylor Wessing reported in this LinkedIn publication about the objection Taylor Wessing lodged against the decision of the court clerk of the District Court of The Hague. With its original decision of 23 August 2019, the court clerk refused to provide any information about pending cases between third parties which Taylor Wessing had asked for. Taylor Wessing therefore requested the Court to uphold its objections and order the court clerk to provide the requested information (whether or not a case was indeed pending between the parties involved and if so, the case number and the date of the hearing).

A few days before the oral hearing, however, the court clerk approached Taylor Wessing and provided the requested information after all. Consequently, the Court in its decision of 26 November 2019 found that Taylor Wessing lacked sufficient interest for a decision on the merits in the present matter. It therewith remains uncertain whether or not a right to the requested information indeed exists. Due to the fact that the court clerk only decided to provide the information a few days prior to the hearing, the Court did order the court clerk in the costs of the proceedings.

Although the decision of the court clerk to provide the requested information is positive, Taylor Wessing would also have welcomed a decision on the merits of this case. As an appeal with the Court of Appeal is not allowed, Taylor Wessing will approach the Attorney General to consider this case for a further appeal in cassation with the Supreme Court of The Netherlands.

This matter was handled on behalf of Taylor Wessing by David Mulder, Wim Maas and Irenah Klink.