Obtaining evidence—bilateral treaties

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

  • Obtaining evidence—bilateral treaties
  • Does an enforcement regime apply?
  • Bilateral treaties
  • Request to a foreign court
  • Application to the English court

Obtaining evidence—bilateral treaties

Coronavirus (COVID-19): if seeking to obtain evidence from abroad for use in UK proceedings or if seeking evidence in the UK for use in foreign proceedings under a bilateral treaty, the process may be impacted by coronavirus on the consequential availability of the courts. Urgent applications for orders for Letters of Request to be sent to foreign courts under a bilateral treaty may still be processed, but they there may well be a time lag in them being dealt with by the requested court. For news and other resources to assist general dispute resolution practitioners working in the civil courts to understand and stay ahead of fast-moving changes in the civil courts’ processes and procedures necessitated by the Coronavirus pandemic, see: Coronavirus (COVID-19) implications for dispute resolution—overview

Does an enforcement regime apply?

Before considering whether a bilateral treaty is appropriate, check to see whether there is an enforcement regime in place between the UK and the country in which evidence is to be sought. For guidance, see: Cross-border evidence—which evidence regime applies?—checklist.

Bilateral treaties

The UK has entered into a number of bilateral conventions with states which are neither part of the EU or a contracting state to the Hague Convention on the Taking of Evidence. The treaties can be accessed here: United Kingdom bilateral civil procedure conventions. Note that

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