Expertise Expert research
An expert review is an objective investigation into the technical facts underlying a legal disagreement.
Types of expert research
A distinction is made between types of expert research and reporting based on the client:
- A court-ordered expert investigation is an investigation commissioned by a legal court. These examinations may only be carried out by an expert who has been trained for this and admitted to the Landelijk Register voor Gerechtelijk Experts (LRGD).
- A one-party expert investigation is carried out on behalf of one party. This may in principle be any expert, but it is advisable to seek an expert with experience, for example via SGOA or NVBI.
In both cases, an investigation must be conducted thoroughly, objectively and accurately. In the case of a legal expert’s report, the Dutch official guideline must be followed and it is important that, for example, the right to hear and be heard is used.
An expert report can be used at any stage of a dispute. The approach is different for each phase, because the research questions are attuned to the legal questions that still exist at that moment.
Finding an expert
Any expert opinion for a court case must be provided by an expert who not only understands IT, but also the legal context. This is necessary to ensure that the right, legally relevant, questions are answered. Dr. Sieuwert van Otterloo of ICT Institute is a recognized expert and affiliated with NVBI, SGOA and LRGD. He is the best expert for questions about software development, software quality, copyright questions about source code and IT projects. A complete overview of all Dutch legal experts for IT can be found here. If you have not yet obtained legal advice, we recommned to first consult a lawyer. we maintain a shortlist of Dutch IT lawyers.