All the authors are current or former Houthoff employees. Thijs van Aerde and Philip Fruytier currently practise law at NautaDutilh and BarentsKrans, respectively. The authors currently employed by Houthoff comprise Jan Willem de Groot, Denise Walta-Jansen and Bart van der Wiel (lawyers), Elselique Hoogervorst (professional support lawyer) and Marek Zilinsky (adviser).
This book was conceived by H.W.B. thoe Schwartzenberg in response to a need observed in the field for a discussion of key questions of evidence law. Her practice-oriented approach has been maintained: to what extent should a lawyer anticipate their client’s position under evidence law and how does a judge go about establishing the relevant facts and allocating the burden of proof? As the fact-finding courts answer most evidentiary questions, the book features numerous examples from lower-court case law.
Particular attention is given to the obligation to furnish facts, reasoned challenge, the rules on allocation of the burden of proof, including possibilities to mitigate that burden, the requirements for offers of proof, and the courts’ evaluation of evidence. The information obligations, evidence by documents and examination of witnesses (including preliminary examination), expert opinions, local inspections and right of access are also covered, as well as the seizure of evidence and inspection reports. Finally, the book explores evidence law in a number of special proceedings, as well as the cross-border taking of evidence and international evidence law.
