2 ms·
"Kort geding" is more akin to a small claims court. A preliminary injunction afaict is more of a request to the court for the defendant/plaintiff to stop a cert
by noirscape 3y ago
"Kort geding" is more akin to a small claims court. A preliminary injunction afaict is more of a request to the court for the defendant/plaintiff to stop a certain action until full judgement has been made.
A kort geding is a civil court with the specific aim of solving cases that don't require a full blown legal investigation (which can take months).
Usually it's either for urgency reasons (ie. public and obvious defamation on public TV need a correction issued very quickly to prevent tarnishing someone's reputation) or because the matter simply isn't that huge (your neighbor cutting the tree on your property down doesn't and shouldn't take a full year to resolve).
A kort geding can be escalated into a full legal proceeding if either party is unhappy with the outcome however.
- Someone 3y ago> A kort geding is a civil court with the specific aim of solving cases that don't require a full blown legal investigation (which can take months). FWIW (probably not much; legal terms rarely match 1:1 between jurisdictions), Wikipedia thinks a “kort geding” is a preliminary injunction. https://nl.wikipedia.org/wiki/Kort_geding https://nl.wikipedia.org/wiki/Kort_geding disagrees with the “don't require a full blown legal investigation” claim, saying that the primary reason is urgency: “Interlocutory proceedings (in Belgium often interim relief or référé) is a short-term civil procedure for urgent cases that by their nature must be decided quickly. […] Matters that by their nature are urgent are, for example, the request to ban a strike or the request to prohibit a publication, because it is incorrect and harms the interests of a directly involved person.” I think that’s more likely to be true. (iOS Translation)