This Checklist is of assistance when seeking to determine which cross-border evidence regime applies to obtain evidence from another jurisdiction for use in the courts of England and Wales or to obtain evidence in the courts of England and Wales for use in another country. In either case, the request for evidence must be to assist in court proceedings in the country in which the evidence is required.

The Checklist considers the application of the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters—more commonly referred to as the Hague Convention on taking of evidence (applicable between contracting states). A contracting state will have ratified, acceded to or succeeded to the convention.

Different considerations arise when considering whether the Hague Evidence Convention applies:

1. •

   the UK and the other country must both be parties to the convention

2. •

   the UK must have accepted the accession of the other country to the convention if the accession of that country is subject to an acceptance procedure. In such cases, the convention will only apply