The claimants' filings · On the timeline
8 Jan 2025
C/17/190788 · District Court of the Northern Netherlands, Leeuwarden
Claimants ask to continue the late claimant's case and want 36 weeks
Claimants (Stassen / Van Kessel)
Filed for the claimants · every defendant denies the claims; the court has not ruled
In 30 seconds
The claimants' answer to the court's December question about the deceased claimant, plus procedural requests. Their lawyers say they cannot trace her heirs, but argue the case can go on in her name, and they ask for 36 weeks to write their reply.
Cheat sheet
- The claimants' lawyers say claimant 6 died from the effects of the Covid-19 injections; this is their allegation, not a finding.
- They say they could not identify her heirs or an executor, and have no mandate from the heirs to continue.
- They argue Dutch law lets the case continue in the deceased's name to the end of this court instance.
- They keep all their earlier arguments, though they accept the court will not hold an oral hearing now.
- They ask for 36 weeks to answer the defendants' six statements of defence.
Key passages · underlined
In the event of legal succession, which, as indicated above, must be assumed, proceedings may continue in the name of the deceased until the end of the relevant instance.
It has become sufficiently clear from the ‘case management order’ issued by your court on 11 December 2024 and the correspondence exchanged with your court both prior to and following this that your court will not permit an oral hearing of the case at this stage.
Every defendant denies the claims, and the court has not ruled on them. Allegations are the claimants' pleaded positions, quoted as theirs. This is analysis and commentary, not legal advice. Interest of Justice is not a party to the case.