The European Court issued an important ruling for legal expenses insurance policyholders on 14 May 2020. This may have opened the door to a right to free choice of lawyer during the negotiation phase before any proceedings. That is good news for all individuals and businesses with legal expenses insurance who want to engage a lawyer of their own choosing.
The European Court has determined that the right to free choice of lawyer applies at every stage prior to and after the conclusion of judicial proceedings, and also in the case of a mediation procedure. It does not matter whether the mediation procedure was initiated at the suggestion of a judicial body, or by the parties themselves. This right also applies to proceedings before courts but also government agencies such as UWV or the Belastingdienst (judicial and administrative proceedings).
The European Court has determined that the right to free choice of lawyer applies at every stage prior to and after the conclusion of judicial proceedings, and also in the case of a mediation procedure. It does not matter whether the mediation procedure was initiated at the suggestion of a judicial body, or by the parties themselves. This right also applies to proceedings before courts but also government agencies such as UWV or the Belastingdienst (judicial and administrative proceedings).
See the judgment: https://eur-lex.europa.eu/legal-content/NL/TXT/?uri=ecli:ECLI:EU:C:2020:372
