Supreme Court litigation

Hoge Raad

Hoge Raad

Marcus Wagemakers is a Supreme Court lawyer and specializes in Corporate Law, Financial (criminal) Law, International (Criminal) Law and European Law.

Marcus is also included in the list of Counsel of the International Criminal Court (ICC).

As the highest court in the fields of civil, criminal and tax law in the Netherlands, the Supreme Court is responsible for hearing appeals in cassation and for a number of specific tasks with which it is charged by law.

Cassation means quashing a judicial decision on a point of law, including procedural law. The Supreme Court also monitors whether the lower court satisfied the requirements of due process.

Therefore, litigation before the Supreme Court has its own specific nature. It is clearly not a third course of proceedings in which facts can be disputed. The Supreme Court is required by law to base its deliberations on the facts as established by the lower court.

In both criminal and civil cases close attention should be paid as to whether or not decisions by the lower court are irrevocable. This relates directly to the possibilities of appeal in cassation.

Lawyers of the bar of the Dutch Supreme Court (‘Advocaten bij de Hoge Raad’) are specialized lawyers whose main function is to appear before the Supreme Court of The Netherlands.

In addition to their specialized knowledge in the technicalities of cassation, they also have a much broader experience of litigation in general, owing to the large number of legal issues they handle.

Although essentially active in the Supreme Court, they often represent their clients also before the European courts (European Court of Human Rights, the European Court of Justice and the Benelux Court of Justice). Marcus also represents his clients before the International Criminal Court (ICC)

The activity of Supreme Court lawyers in litigation is naturally completed by significant case review and consultation functions, such as deciding whether or not to seek remedies in court or analyzing the positive law applicable to a given case.

Currently, there are some 90 lawyers focusing on Supreme Court litigation in civil law cases.

They practice their profession, individually or in partnerships, within approximately 20 law firms.

Since 1985, Marcus has unparalleled experience in these matters; as the General Counsel of a financial regulator, Supreme Court lawyer and deputy judge in the Court of Appeal.