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tt@agio.legal

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Tom Toremans

Partner

Tom Toremans has been a lawyer since 2006. He co-founded the former Ligé Advocaten in 2013, which merged with Agio Legal in 2022.
Tom is a specialist in complex litigation. He assists entrepreneurs in resolving disputes in the broad context of corporate law and in various sectors.
In addition to his law practice, Tom has always remained academically active in procedural law. He has numerous publications in academic publications to his credit, as well as several monographs on investigative measures.
In addition to his regular litigation practice, Tom is also a bankruptcy trustee at the Corporate Court of Antwerp. He has been commenting on articles of law relating to bankruptcy proceedings for several years for the Article Commentary on Commercial and Economic Law. Tom also advises clients in the broader insolvency context (such as liabilities in this context).
Partly because of his academic focus on judicial expert examination, Tom is very well-versed in (technical) construction disputes. He also focuses on drafting contracts in the context of property development and real estate transactions.
Tom is a recognised mediator and also regularly carries out judicial mediation assignments.

Diplomas and training

  • Basic training in mediation, exit module civil and commercial matters, University of Antwerp, 2019
  • Master in corporate law, KULeuven-KUBrussel, 2011 (great distinction)
  • Post-academic training curator-liquidator, KULeuven-University of Antwerp, 2009
  • Master in communication sciences, University of Antwerp, 2007 (free programme)
  • Licentiate in law, University of Antwerp, 2006 (major distinction)
  • Licentiate in Germanic Language and Literature (Dutch-German), KULeuven, 2002 (major distinction)
  • Certificate of the Philosophical Academy, KULeuven, 2002 (major distinction)

Professional work experience

  • 2019 – present: accredited mediator (judicial mediator)
  • 2013 – present: Partner Lige Advocaten / Agio Legal
  • 2013 – present: Antwerp Enterprise Court, bankruptcy trustee
  • 2011 – 2012: Ambos NBGO Lawyers, senior associate litigator
  • 2007 – 2011: Linklaters LLP Antwerp and Brussels, associate litigator
  • 2006 – 2007 Schoups, associate litigation construction law

Academic work experience

  • 2008 – present: University of Antwerp, voluntary academic assistant, procedural law
  • 2009 – 2012: KU Leuven, practice assistant special contracts
  • 2009 – 2010: University of Antwerp, assistant in family procedural law
  • 2005 – 2006 Aspirant assistant in judicial law

Language knowledge

  • Native language Dutch
  • Fluent in English, (Brazilian) Portuguese and German
  • Fluent in French

Publications (selection)

Judicial expert
T. TOREMANS, S. THIRÉ and Ph. TERMOTE, Judicial expert examination, Mechelen, Kluwer, 2011, 604 p.
T. TOREMANS, “Art. 875bis, 962, 963, 966, 967, 968, 969, 970, 971, 980, 982, 983 Ger.W.”, Artikelsgewijze Commentaar Gerechtelijk Recht, Mechelen, Kluwer, 2012, losbl.
T. TOREMANS, “Art. 977, 984, 985 and 986”, Artikelsgewijze Commentaar Gerechtelijk Recht, Mechelen, Kluwer, 2013, losbl.
T. TOREMANS and F. DUPON, “On adversarial proceedings, the communication of documents and the protection of business secrecy during judicial expert examinations”, TBO 2013, 85-88.
T. TOREMANS et al, “Interlocutory disputes relating to the taking of evidence” (in particular the judicial expert examination), Bestendig Handboek Burgerlijk Procesrecht, Mechelen, Kluwer, 2013, losbl.
T. TOREMANS, “The temporal conditions linked to the request for challenge of the court expert” (note under Cass. 6 March 2014), TBO 2014, 140-143.
T. TOREMANS, “Article 976(2) Ger.W. and the right to make technical observations after a court expert examination before the judge” (note under Arbh. Bergen 9 July 2014), P&B 2015, 34-35.
T. TOREMANS, “The forced intervention before and after the court expert’s ‘preliminary opinion’: admissibility of the intervention (article 812, first paragraph Ger.W.) and objectionability of the expert opinion (article 981, first paragraph Ger.W.)” (note under Cass. 30 January 2015), RW 2014-15, 593-596.
T. TOREMANS, “Article 987, 988, 989, 990, 991, 991bis Ger.W.”, Article Commentary on Judicial Law, Mechelen, Kluwer, 2015, losbl.
T. TOREMANS, “Some reflections on the completeness of the expert report, the oath formula and the judge’s control of the expert’s duty to answer” (note under Cass. 20 March 2015), TBO 2015, 209-2012.
T. TOREMANS and D. WIJNEN, “Jurisprudential tempers on the prohibition of transfer of jurisdiction in the context of judicial expert examination” (note under Cass. 28 April 2015 and Cass. 10 June 2010), P&B 2016, 190-194.
T. TOREMANS, “The authentic probative value of court expert’s determinations back on track” (note under Cass. 22 October 2013), TBO 2016, 27-30.
T. TOREMANS, “The budgeting of the state of fees and expenses of the replaced court expert” (note under Pol. Brussels 16 November 2015), P&B 2016, 163-166.
T. TOREMANS, “The procedural consequences of the filing of the court expert’s final report” (note under Cass. 26 January 2017), TBO 2017, 29-32.
T. TOREMANS, “The coordinating expert: a comment on article 964 Ger.W.”, TBO 2018, 357-377.
T. TOREMANS, “The fine for abuse of process committed in the context of judicial expert examination” (note under Brussels 8 June 2018), P&B 2019, 69-71.
T. TOREMANS, “The nullity of the unsigned final report of the court expert before and after Potpourri Law I” (note under Cass. 12 April 2018), P&B 2019, 55-58.
T. TOREMANS, “On the designation and modification of the party that has to advance the costs of the court expert and its early reimbursement on the basis of article 19, third paragraph Ger.W.” (note under Rb. Brussels 26 June 2018), TBO 2019, 271-276.
T. TOREMANS, “The judge’s saisin for claims regarding the conduct of the judicial expert examination after filing the final report” (note under Cass. 3 May 2019 and Vz. Orb. Antwerp, Antwerp Division of 21 June 2019), P&B 2019, 218-221.
T. TOREMANS, “The magic formula of article 980 Ger.W.: proceedings that become adversarial when the defaulting party participates in the judicial expert examination” (note under Rb. Waals-Brabant 5 February 2018), P&B 2019, 230-235.
T. TOREMANS, “The court expert’s conflict of interest as a ground for challenge and his duty to report in case of doubt about his independence and impartiality”, P&B 2020, 3-10.
T. TOREMANS, “The court expert as a litigant in the proceedings in which he was appointed”, P&B 2021, 203-219.
T. TOREMANS, The court expert. National register, deontology and discipline, Antwerp, Intersentia, 2024, to appear.

Submission of documents and written statements
T. TOREMANS, “The production of a non-materialised document on the basis of articles 871 and 877 Ger.W.” (note under Kh. Antwerp 19 January 2017), P&B 2017, 241-244.
T. TOREMANS, Production of documents. Submission of written statements, Mechelen, Kluwer, 2019, 156 p.

Significance
T. TOREMANS, “Abuse of law and fraud in service of process documents and the primacy of procedural documents” (note under Cass. 10 May 2012), RW 2012-13, 1213-1215.
T. TOREMANS, “The nullity of service on the public prosecutor because of knowledge of the addressee’s place of residence or domicile”, RW 2013-14, 163-169.
T. TOREMANS, “The mitigation of nullity due to the wrong method of service by application of the nullity doctrine (art. 860 et seq. Ger.W.)” (note under Cass. 27 September 2013 and 9 January 2014), P&B 2014, 113-114.
T. TOREMANS, “The commencement of procedural time limits in the case of successive notices and service of process” (note under Cass. 6 May 2013 and 21 February 2014), RW 2014-15, 980-982.

Procedural law miscellaneous
T. TOREMANS, “The burden of proof of informal ‘communication’ during the institution of civil proceedings” (note under Cass. 4 December 2006), RW 2006-07, 1522-1524.
T. TOREMANS, “Late invocation in proceedings as a waiver of limitation” (note under Antwerp 15 June 2009), RW 2009-10, 932-933.
S. GIBENS and T. TOREMANS, “The judicial appreciation power regarding free legal aid”, RW 2010-11, 218-227.
T. TOREMANS, “Article 875 Ger.W.”, Artikelsgewijze Commentaar Gerechtelijk Recht, Mechelen, Kluwer, 2019, losbl.
T. TOREMANS, “Article 871bis Ger.W.”, Article-by-article Commentary on Judicial Law, Mechelen, Kluwer, 2020, losbl.
T. TOREMANS et al, Focus on civil procedure, Kluwer, Mechelen, 2022.

Procedural law and insolvency law
T. TOREMANS and P. TERMOTE, “Article 666 Ger.W.”, Article-by-article Commentary on Judicial Law, Kluwer, Mechelen, 2016, losbl.
T. TOREMANS, “The content of the notification of the judgment denying the bankrupt’s excusability and the time limit to appeal” (note under Cass. 29 January 2016), P&B 2016, 66-68.
T. TOREMANS and C. VAN AALST, “The assessment of the conditions for free legal aid in the context of bankruptcy according to the relevant substantive litigant” (note under Cass (Legal Aid Office) 12 January 2017), P&B 2017, 182-184.
T. TOREMANS, “Article XX.2, 3, 4, 5, 7, 8, 9, 10, 11, 11/1 WER”, Commentary on Commercial and Economic Law, Mechelen, Kluwer, 2021, losbl.
T. TOREMANS and P. TERMOTE, “Article XX.6 WER”, Commentary on Commercial and Economic Law, Mechelen, Kluwer, 2021, losbl.
T. TOREMANS, “Article XX.15, 105-109, 242 WER”, Commentary on Commercial and Economic Law, Mechelen, Kluwer, 2022, losbl.
T. TOREMANS, “Article XX.133, 146, 148, 151, 152 WER”, Commentary on Commercial and Economic Law, Mechelen, Kluwer, 2023, losbl.
T. TOREMANS, “Article XX.12-14, 133, 146, 148, 151, 152 WER”, Commentary on Commercial and Economic Law, Mechelen, Kluwer, 2023, losbl.
T. TOREMANS, “Article XX.14/1 WER: an investigative measure to combat abuse in insolvency proceedings”, TIBR 2023, vol. 1, RL-1-17.
T. TOREMANS, “Article XX.118-119 WER”, Commentary on Commercial and Economic Law, Mechelen, Kluwer, 2023, losbl.
T. TOREMANS, “Article XX.97/1-6 WER”, Commentary on Commercial and Economic Law, Mechelen, Kluwer, 2024, loose leaf, to appear.
T. TOREMANS, “Article XX.100, 109/1 WER”, Commentary on Commercial and Economic Law, Mechelen, Kluwer, 2024, loose leaf, to appear