Because of its membership in TEN, the Dutch member firm of TEN Advocaten was asked by an client to represent it in an action involving goods acquired in Sweden, handled and processed in the Netherlands, and then shipped to the United Kingdom, where they were discovered to be defective.
The problem arose when the Dutch firm received an order from a British chain of department stores for a consignment of cereal, which were specifically requested to be gluten-free. The Dutch company purchased the cereals from a Swedish supplier, before sorting and packing the produce at its facilities, and sending it on to its client in the UK.
Once the cereals arrived in the shops, however, they were found not to be gluten-free, forcing the chain to withdraw the products from its shelves. The recall caused financial losses for the British company and, as a result, they sued the Dutch firm for damages in the UK.
Coordinating TEN’s efforts on behalf of the Dutch company, Van Ewijk Advocaten Mediators worked closely with the British and Swedish TEN member firms – Graham and Rosen Solicitors and Sylwan & Fenger-Krog – to defend its client’s interests in both countries.
The original case has been settled in the United Kingdom with a result that both parties could live with, says Egbert van Ewijk, the managing partner of TEN Advocaten. The action by the Dutch company against the Swedish supplier in Stockholm’s courts also ended with a decision against the Swedish supplier that largely covered the damages suffered by the Dutch firm and the British buyer.
“With this case, we have been able to help a new client that operates internationally and who contacted us specifically because of our membership in TEN,” Van Ewjik confirms. “The good news is that we provided effective solutions and have maintained the relationship with the client to look after their national business.”