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Government liability

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Have you suffered damage as a result of government action? This can happen in the case of large projects such as the construction of infrastructure or changes to zoning plans, but also as a result of incorrect decisions. Sometimes the government acts unlawfully and sometimes its actions are entirely in accordance with the rules. In both cases, damage may be caused and compensation may be payable.

If the government makes mistakes, for example by taking an unlawful decision or by performing an unlawful act, you can hold the government liable for the damage you suffer as a result. This is called an unlawful government act. Even if the government acts lawfully, damage can still occur. For example, when a large construction project causes nuisance or when the government takes a lawful decision that causes you damage. We refer to the compensation for this as compensation for damage.

At Corten De Geer, we can help you assess whether you are entitled to compensation, submit claims for damages, negotiate with the government and conduct proceedings if necessary. Have you suffered damage as a result of government action? Please feel free to contact us. We will work with you to explore the options.

FAQ

When is the government liable for damages?

The government may be liable in the event of an unlawful decision, unlawful act or omission. Examples include the unjustified refusal of a permit or an actual act by a civil servant that causes damage. Whether the government is actually liable for damages depends on factors such as the causal link between the event and the damage suffered.

How do I hold the government liable?

First, you must submit a substantiated liability claim to the relevant administrative body. If this is rejected, proceedings can be initiated in the civil court to obtain compensation for the damage. One of our lawyers can help you draft a liability claim or assist you in civil proceedings.

When can the government be held liable for a rescinded decision?

When an administrative court rescinds a decision, it is established that the decision was unlawful in relation to the party suffering damage. Whether the government is actually required to pay compensation depends on factors such as the existence of a causal link between the incorrect decision and the damage suffered, and whether damage has actually been caused.

What is the difference between an unlawful government act and a lawful government act?

In the case of an unlawful government act, the government acts in violation of its legal obligations or the required duty of care. In the case of a lawful government act, the government acts in accordance with the law, but damage may still occur that exceeds the normal social risk; this damage can sometimes be compensated. This is called compensation for damage.