The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained. 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  provides a useful flowchart.
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
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Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
Sale of treasury sharesA limited company may hold, or deal with, shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. Those shares are held in treasury and referred to as the company's treasury shares.The treasury shares regime is set out in CA 2006, ss
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary
Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of
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