No deal Brexit—taking of evidence [Archived]
No deal Brexit—taking of evidence [Archived]

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

  • No deal Brexit—taking of evidence [Archived]
  • Taking of evidence in the EU for use in England and Wales court proceedings
  • Prior to exit day
  • After exit day—UK position
  • After exit day—EU position
  • What are the available methods of taking evidence after exit day?
  • Was the request for evidence completed prior to exit day?
  • Taking evidence in England and Wales for use in EU court proceedings
  • Prior to exit day
  • Position of the courts of England and Wales after exit day
  • More...

ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for the taking of evidence following the UK leaving the EU. During the implementation period that starts on exit day ie the day the UK leaves the EU, the provisions in the withdrawal agreement will apply. For guidance, on the implementation period and the impact of the withdrawal agreement on taking of evidence, see Practice Note: Brexit implementation period—taking of evidence.

This Practice Note considers the effect of the UK leaving the EU without a deal when dealing with the taking of evidence in civil and commercial matters. There are two key UK regulations dealing with no deal Brexit and taking of evidence. The first is The Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018, SI 2018/1257 which revokes the key EU regulation in this area, ie Regulation (EC) 1206/2001, Taking of Evidence regulation. The second is The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521 which makes amendments to Part 34 of the Civil Procedure Rules which deal with evidence. The associated practice direction CPR PD 34A is amended under the 107th update—practice direction amendments. The relevant document setting out the position of the EU is the notice to stakeholders titled: ‘Withdrawal

Popular documents