Cross-border disclosure and evidence

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When dealing with cross-border disputes, various issues arise involving disclosure and evidence may arise. For insights into other considerations, see: Cross border considerations—checklist.

Cross-border disclosure

When dealing with disclosure in cross-border disputes, a wide range of considerations arise. These include managing a foreign client’s expectation, the impact, if any, of local laws in the jurisdiction in which the documents are located, data protection considerations, the control of documents outside England and Wales, disclosure requirements in relation to foreign language documents, including whether there is an obligation to provide translations, and whether privilege attaches to the documents and their translations. For insight, see Practice Note: Cross-border evidence and disclosure—a guide for dispute resolution practitioners

Obtaining evidence from a non party

Evidence may be obtained from a non-party to proceedings on the basis that they can provide evidence as to the identity of a wrongdoer or provide evidence as to a potential claim in cases such as fraud. The non party is generally an innocent party who may possess the requisite information required by the claimant/potential claimant. For guidance, see Practice Notes:

  1. •

    Norwich Pharmacal orders (NPOs)

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