Kort geding/interim proceedings

Introduction

There seem to be countless ways to translate the Dutch term "kort geding". The term I normally use, "interim proceedings", comes from EU English. Another good choice, in my opinion, is the term "preliminary relief proceedings" from the Juridische Lexicon [See under: Books]. Some Dutch lawyers use the term "summary proceedings"; this sounds like it could be correct, but the word "summary" might in fact mislead English lawyers. For instance, "summary judgment" in England is a judgment in an undefended action. Below, you will find a brief review of the meaning of terms of Dutch and British law, along with relevant references to legislation and case law.

Kort geding - Dutch law

"Kort geding" under Dutch law is defined in Section 254 of the Dutch Code of Civil Procedure. This states that it is available in all urgent actions in which provisionally enforceable relief must be granted in view of the interests of the parties.

Interlocutory injunctions - British law

Just like Dutch lawyers tend to start by quoting sections of Dutch statutes, if they wish to clarify something, British lawyers cite cases, because codification by statute has only been implemented in some fields.
Let's consider American Cyanamid Co v. Ethicon Ltd. This case was decided by the Court of Appeal in 1975. I will quote a well-known judge, Lord Diplock: "The object of the interlocutory injunction is to protect the plaintiff against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favour of the trial." In other words, if no immediate relief is granted, the plaintiff might sustain irrecoverable damage.
An interlocutory injunction therefore concerns one specific type of relief, albeit the most common one, whereas a "Kort geding" may be instigated for any type of relief. In British law, there is no general term for an action for any kind of temporary relief.

Interim or interlocutory?

One may still wonder, however, whether to use "interim" or "interlocutory". Pettit in "Equity and the law of trusts" states that interlocutory injunctions are granted until a final judgement has been passed, whereas interim injunctions are granted until the next motion day, but he adds immediately that often this distinction is not made. Interim, according to the New Oxford Dictionary, does mean "in the intervening time" and as it is more widely recognised than "interlocutory", I prefer to use it in translations.

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