1. Although issues related to prospectus liability in tort are not the primary focus of The Defining Tension, the fact that Attorney-General L. Timmerman filed his so-called 'conclusion' in the World Online case today is too important not to notice here. It is only in the really big cases where an Attorney-General's conclusion is published without, and prior to, the Supreme Court's decision. The 2007 ABN AMRO case was one of those: decision and conclusion can be found here (Dutch only). The 2009 World Online case is another: the conclusion can be found here, an abstract of the conclusion can be found here (both Dutch only).
2. The World Online conclusion - like the ABN AMRO conclusion - is a scholarly analysis with comparative law elements. The outcome is that, as to three elements of the Amsterdam Court of Appeal's decision that is the subject of discussion, the decision should be squashed. But this analysis does not mark the end of the World Online saga, as the Supreme Court has the final word, at least as to this part. To be continued.
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