Legal Speak Made Easy

“Mandament van spolie”

An old Dutch law remedy, the mandament van spolie or spoliation order, is a quick remedy if someone dispossesses you of something unlawfully.

It’s all about preventing people from taking the law into their own hands. The court isn’t interested at this stage in who the owner is or who has the better claim to possession. All you will need to prove is that you were in peaceful and undisturbed possession, and that you were deprived of possession without your consent and without legal process. Back to square one goes the dispossessor, tail between legs and probably smarting from an adverse costs order.

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