Obtaining evidence—Taking of Evidence Regulation (evidence from EU Member States)
Produced in partnership with Leigh Callaway of Fladgate LLP
Obtaining evidence—Taking of Evidence Regulation (evidence from EU Member States)

The following Dispute Resolution guidance note Produced in partnership with Leigh Callaway of Fladgate LLP provides comprehensive and up to date legal information covering:

  • Obtaining evidence—Taking of Evidence Regulation (evidence from EU Member States)
  • Regulations and rules
  • The request—application to English court
  • The request—issue
  • The request—transmission and acceptance
  • The request—grounds for refusal
  • The request—performance
  • Proposed amendments to the Taking of Evidence Regulation

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.

Regulations and rules

When evidence is required to support proceedings in an EU Member State, the court will make a request for such evidence to the courts in the EU Member State where the evidence is to be taken. The process for taking evidence is set out in Regulation (EC) 1206/2001 of 28 May 2001 on Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (the Taking of Evidence Regulation). Denmark is not bound by this regulation. The Taking of Evidence Regulation is intended to provide a straightforward and swift means of obtaining evidence from other EU Member states for use in civil and commercial litigation taking place in another EU Member State (Recital (22) of Regulation (EC) 1206/2001, Taking of Evidence Regulation).

The Regulation adopts certain standard (but awkward) terminology by which reference is made to the courts and states by and to which requests for the taking of evidence are made. For convenience, this Practice Note adopts the same terminology which is summarised below:

  1. Member State—refers to every