Brexit—taking of evidence
Brexit—taking of evidence

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Brexit—taking of evidence
  • Current position
  • Position under EU(W)A 2018
  • No deal—no transition period
  • Transition period applies
  • After any transition period
  • Potential taking of evidence methods

This Practice Note considers the impact that Brexit will have on obtaining evidence from an EU Member State for use in English court proceedings or providing evidence for use in proceedings in an EU Member State court when the UK leaves the EU. It considers the current position using Regulation (EC) 1206/2001, the Taking of Evidence Regulation and summarises the UK and EU’s respective positions and considers the likely potential outcomes, based on the information available. The Practice Note then considers potential issues which may arise when the UK exits the EU and potential regimes which may assist when seeking to obtain evidence.

For an understanding of how a deal or no deal position may be reached, the House of Commons Exiting the EU Committee report: The progress of the UK’s negotiations on EU withdrawal (June to September 2018) at para [35] provides a useful flowchart.

Current position

It is often necessary to obtain evidence from overseas when dealing with disputes involving international elements. The present regime of obtaining evidence, including witness evidence, from other EU Member States (apart from Denmark) is set out in Regulation (EC) 1206/2001, the Taking of Evidence Regulation. For guidance about the application of the regulation, see Practice Notes: Obtaining evidence—Taking of Evidence Regulation (evidence from EU Member States) and Obtaining evidence—Taking of Evidence Regulation (evidence