May a crypto report serve as evidence in a Dutch court case?

Can a crypto report be used as evidence in court?

In principle, yes. In civil proceedings in England and Wales, expert evidence is governed by Part 35 of the Civil Procedure Rules. An expert’s duty is to help the court, and that duty overrides any obligation to the person paying them. No party may rely on expert evidence without the court’s permission, and the court can also direct a single joint expert.

So the question is not just whether you may put a report forward, but how useful it is to the court. That depends on the report itself, the rest of the file and what the other side brings. A report is a strong aid, but the outcome is decided by the court. In Scotland and in the Netherlands, the rules differ; we are happy to discuss which apply to you.

What does the weight of a crypto report depend on?

The evidential value depends mainly on two things: independence and verifiability. In practice it comes down to five points:

1. The investigation was carried out by a party with no interest in the outcome.
2. It is clear which data was examined and where it came from.
3. The method is described, so that someone else can follow the steps.
4. Every finding can be traced to a verifiable source.
5. The limits of the investigation are stated honestly.

Also pay attention to the language. A judge is usually not a technical specialist. A report that explains its terms and builds up step by step is better understood, and therefore better weighed.

A report that only gives a conclusion, without showing the way there, raises questions. A report in which the court can see every step gives it something solid to rely on.

Not sure whether your case needs such a report? Discuss it with Paucitas, without obligation. You can ring any time, 24/7, on +31 20 244 5774.

Your own expert or one appointed by the court?

There are two routes. You, or your solicitor, can instruct an expert and seek permission to rely on the report. The court can also direct that a single joint expert is used. Both happen.

Your own report has the advantage that the facts are on the table early, sometimes before proceedings begin. That can help with a settlement. Precisely because you instruct it yourself, the independence of the author counts all the more. A good expert does not write towards a desired outcome and also notes what does not work in your favour.

Who prepares a report on crypto for legal proceedings?

Paucitas, as an independent expert firm. The roles are clear. Your solicitor decides which questions are legally relevant. Paucitas establishes the facts. The court weighs the evidence. More about this service is on expert report for court.

Paucitas looks into everything: the transactions, the route of the money, the parties and platforms involved, the documents and the timeline. Paucitas also reads through conversations, emails and other communication, so the full picture emerges of what happened and where the money went, step by step. Paucitas does all tracing itself, without tracing tools. You receive a report that anyone can follow and understand step by step, including a judge without technical knowledge.

Has the other side already put in a report? Then a review of that report may be worthwhile. How that works is covered in a second opinion on a crypto report.

• Costs: every investigation is tailored. You receive a tailored quote in advance, which we go through with you and your solicitor if you wish.
• Turnaround: from the same day to around two weeks.
• What we do not do: give legal advice or promise an outcome. That stays with your solicitor and the court.

Want to know what a report could mean in your case? Get in touch for a free intake, or ring +31 20 244 5774. Through the form, you will hear from us within 1 to 3 hours.

Sources: Ministry of Justice, Civil Procedure Rules Part 35; European e-Justice Portal, taking evidence in the Netherlands.