![]() ![]() There can be no order for general disclosure of documents or questioning on wide ranging topics. The witness statement filed in support of the application should explain how this requirement is met. The court will only ask a witness to produce the documents specified in the order (individual documents, not a class) and such documents must appear to be or be likely to be in the witness’ possession, custody or power. The US procedure for depositions by way of general discovery (as opposed for obtaining evidence for use in trial) is an example.Ĭontrol of the evidence. Procedures for obtaining evidence that are available in the foreign jurisdiction may not be available from the English court. The English court can only make an order that could also be obtained in English civil proceedings. The foreign litigant will therefore need to be able to evidence this to the best of their ability, however the precise meaning of “contemplated” remains to be decided by an English court.Īllowable in English courts. The English court will only grant the request if foreign civil litigation proceedings are already instituted or such institution is contemplated. Where necessary, a translation into English of all documents to be served on the witness.A detailed list of documents or items being sought.A detailed statement of the issues relevant to the proceedings.A witness statement must be filed with the application in support of the application. The foreign litigants should instruct English solicitors to make an application to the English court to give effect to the letter of request. The foreign court must send the letter of request to the Foreign Process Section of the High Court at the Royal Courts of Justice in London. Without prejudice medical examinations mentioned above, the taking and testing of samples of blood from any person.The taking of samples of any property and the carrying out of any experiments on or with any property.The inspection, photographing, preservation, custody or detention of any property.The examination of witnesses, either orally or in writing.Pursuant to a valid letter of request from a foreign court, the English court can make provision for: ![]() This article focusses on how English courts deal with inward letters of request from non-EU countries, such as the United States. The United Kingdom implemented that convention by enacting the Evidence (Proceedings in Other Jurisdictions) Act 1975.īetween member states of the European Union, including the United Kingdom at the time of writing, such judicial co-operation is governed by the Taking of Evidence Regulation (EC) 1206/2001. A multilateral system of judicial co-operation in this regard was established by the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, of 18 March 1970. ![]() Letters of request (previously known as “letters rogatory”) are requests by the courts of one jurisdiction for the assistance of the courts in another jurisdiction in obtaining evidence for use in legal proceedings. Below, we explain the process and some potential issues that can arise, and give some practical tips to help ensure it goes as smoothly as possible. The recent judgment in Atlantica Holdings Inc v Sovereign Wealth Fund Samruk-Kazyna JSC explains the principles that English courts apply when dealing with requests for evidence from courts in other jurisdictions. ![]()
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