Fact Investigation in Rotterdam — Facts Over Assumptions

When legal strategy depends on establishing the facts

Litigation before the Rotterdam District Court and the Court of Appeal in The Hague demands a strong factual foundation. Under Article 150 of the Dutch Code of Civil Procedure, the party making a claim bears the burden of proof. In complex commercial disputes, employment cases, or liability matters, the factual situation is often contested, unclear, or deliberately obscured. A fact investigation establishes an independent, verified account of what actually happened.

Rotterdam’s diverse economic landscape — from the port and petrochemical industry to financial services, logistics, and technology — generates complex disputes where the facts can be difficult to disentangle. Multiple parties, international elements, lengthy timelines, and contradictory accounts all complicate the picture. An independent fact investigation cuts through the noise and delivers the factual clarity needed for effective litigation.

When fact investigation is essential

Fact investigation is warranted across multiple legal disciplines:

• Employment law (Article 7:669 BW): establishing grounds for dismissal — did the employee actually commit the conduct alleged? Was the employer’s version of events accurate?
• Liability law: determining what happened, when, and who was responsible — essential for establishing causation
• Contract law: verifying whether contractual obligations were fulfilled, breached, or frustrated
• Corporate law: investigating board decisions, shareholder disputes, or allegations of mismanagement

In each case, the investigation aims to establish an objective factual record that the court can rely upon, independent of either party’s narrative.

How SAJ Recherche conducts fact investigations

The investigation follows a structured methodology designed to produce findings that meet judicial standards:

• Scope definition: clear formulation of the research question in consultation with the instructing lawyer
• Document analysis: systematic review of contracts, correspondence, financial records, internal reports, and any other relevant documentation
• Witness interviews: structured, recorded conversations with relevant parties and third-party witnesses
• Administrative and digital research: OSINT investigation, database searches, and analysis of digital communications
• Chronological reconstruction: building a verified timeline of events with supporting evidence for each element
• Reporting: a factual, objective report with source references suitable for submission to the Rotterdam District Court

All activities are conducted under the Wpbr and in compliance with the GDPR. SAJ Recherche holds a POB licence and guarantees the independence and objectivity of all findings.

Practical example from Rotterdam

An employment lawyer in Rotterdam was advising an employer who suspected a senior manager of conducting competing activities during sick leave. The manager denied the allegation. SAJ Recherche conducted a fact investigation combining administrative analysis, OSINT research, and targeted surveillance. The investigation established that the manager had incorporated a competing business two months before reporting sick, had been meeting potential clients during his absence, and was using a company laptop for the competing activities. The factual report enabled the employer to proceed with summary dismissal, which was upheld by the District Court.

Facts are the foundation of every strong case

In legal proceedings, assumptions lose cases — facts win them. Independent fact investigation provides the verified, objective foundation that transforms legal arguments into proven claims.

Do you need to establish the facts for your case? Get in touch with SAJ Recherche for a confidential consultation.