Ultra petita
Beyond the relief sought
Ultra petita is a Latin term denoting that the court awards more than the claimant has sought. This is in principle prohibited in civil proceedings.
The term ultra petita is derived from Latin and literally means “beyond what has been claimed”. It refers to a judicial decision that exceeds the claims or requests advanced by the parties in the proceedings.
This principle is of considerable importance in Dutch procedural law, as it safeguards party autonomy and the dispositive principle. The court may not, on its own initiative, grant more than has been sought, lest it assume the role of a party.
In practice, an ultra petita judgment may be set aside on appeal or in cassation, unless the opposing party has expressly consented to the broader award.
“The court ruled ultra petita by awarding the claimant higher damages than had been claimed in the summons.”
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