The following Dispute Resolution guidance note Produced in partnership with Leigh Callaway of Fladgate LLP provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering obtaining evidence in cross border disputes. For guidance, see: Cross border considerations—checklist—Taking of evidence—Brexit specific and Cross border considerations—checklist—Brexit—impact on CPR.
This Practice Note sets out guidance on obtaining evidence in cross border disputes involving civil and commercial matters using the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters—more commonly referred to as the Hague Evidence Convention or Hague Convention on Taking of Evidence. A number of countries are signatories to this convention including Singapore, Russia and the United States (US).
It is important to be aware that if two countries are both parties to the convention this does not mean that the convention will apply. This is because accession to the convention will have effect only as regards the relations between the acceding state and such contracting states as have declared their acceptance of the accession. Information on this is available on the HCCH website in the fourth column (headed type) of the status table. For guidance on all contracting countries, see: Which taking of evidence regime applies—checklist.
Evidence from another country or jurisdiction is sought by the use of a letter of request. The Hague Evidence Convention sets out various requirements and
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