Cross-border mediation—protecting mediation evidence under CPR 78.27 (witnesses and depositions)
Cross-border mediation—protecting mediation evidence under CPR 78.27 (witnesses and depositions)

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

  • Cross-border mediation—protecting mediation evidence under CPR 78.27 (witnesses and depositions)
  • Scope of the protection for witness and deposition mediation evidence under CPR 78.27
  • When does CPR 78.27 apply to protect witness and deposition mediation evidence?
  • Applying to protect witness and deposition mediation evidence under CPR 78.27

Cross-border mediation—protecting mediation evidence under CPR 78.27 (witnesses and depositions)

This Practice Note is for use in mediations where the transitional criteria in Article 69 of the Withdrawal Agreement between the UK and the EU were met on or before IP completion day (ie 31 December 2020, 11 pm) such that the mediation is subject to the Mediation Directive 2008/52/EC. For further guidance on those transitional requirements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners—Mediation. Where those transitional requirements are met, provision has been made in UK domestic legislation for the continued application of certain parts of the civil procedure rules that have otherwise been revoked or amended as of 31 December 2020, at 11 pm, including old Part 78 discussed throughout this Practice Note. For further guidance, see Practice Note: Brexit post implementation period—CPR changes.

Copies of the old provisions are available here:

This Practice Note deals with how, in the context of mediations subject to the Mediation Directive 2008/52/EC, a party wishing to obtain cross-border mediation evidence from a mediator or mediation administrator. It sets out the scope of the protection afforded by old rule 78.27 and provides guidance on how to apply for various orders, including a witness summons, cross-examination with the court’s permission, evidence by deposition and enforcing attendance of the witness.

Scope of the protection for witness and deposition mediation

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