Drafting note for application notice for a letter of request under the Taking of Evidence Regulation [Archived]
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  • Drafting note for application notice for a letter of request under the Taking of Evidence Regulation [Archived]

Drafting note for application notice for a letter of request under the Taking of Evidence Regulation [Archived]

An application can no longer be made in the courts of England and Wales for the taking of evidence under Regulation (EC) 1206/2001, the Taking of Evidence regulation. For applications made prior to IP completion day (31 December at 11 pm), the process for the taking of evidence will continue under the regulation if the transitional provisions in the Withdrawal Agreement between the UK and the EU were met by that date.

For guidance on the transitional provisions, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Taking of evidence.

Introduction

Application notice (Form N244)

Application notice—Commercial Court (Form N244(CC)) (Word)

These drafting notes are to be used in conjunction with Form N244 and are not designed for use with Form N244(CC). The application should be made in accordance with CPR 23.

General points

The first issue is to check whether this precedent is available given the impact of Brexit. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners—Taking of evidence

Regulation (EC) 1206/2001, the Taking of Evidence Regulation itself should be carefully considered by the party seeking an order that a letter of request be issued in respect of a witness located in another EU Member State. The European Commission has also issued a

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