Disclosure—foreign language documents, translations and documents outside the jurisdiction
Disclosure—foreign language documents, translations and documents outside the jurisdiction

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

  • Disclosure—foreign language documents, translations and documents outside the jurisdiction
  • Do I have to disclose translations of foreign language documents?
  • General Data Protection Regulation (GDPR)
  • Do I have to allow inspection of the translated foreign language document?
  • Do I have to translate foreign language documents?
  • Foreign jurisdiction issues in disclosure
  • Court specific guidance

This Practice Note addresses some issues to consider where you have documents in a foreign language which are potentially relevant to the dispute and which may be disclosable under CPR 31.

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

Do I have to disclose translations of foreign language documents?

Where a translation of a disclosable foreign language document has been obtained, that translation will generally also be disclosable. This is the case even where the translation only came into being after the litigation started or was in contemplation.

For guidance on:

  1. identifying which documents might be disclosable, see Practice Notes: Disclosure—introduction, Disclosure—identifying documents and Disclosure—standard disclosure and the reasonable search

  2. whether you are obliged to translate foreign language documents, see: Do I have to translate foreign language documents?

General Data Protection Regulation (GDPR)

Regulation (EU) 2016/679, GDPR applicable from 25 May 2018, relates to the processing of personal data and the free movement of such data and introduces substantial amendments to EU and UK data protection law. Typically, evidence involved in the disclosure process will include personal data. Clients and legal advisors may be data controllers and/or data processors and as such will need to comply with the GDPR.

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