ARCHIVED: This Practice Note has been archived and is not maintained. Scope of exemption Disclosure of personal data under freedom of information (FOI) will be exempt if that disclosure would contravene data protection principles or a notice under section 40 (3) of the Data Protection Act 1998 (DPA 1998), or if the information is exempt under DPA 1998, s 40(4) (enforcement notice). In most cases the exemption under contravention of data protection principles is used. This exemption is absolute, but the public authority needs to consider fairness. Disclosure is permissible where the data subject has consented. However, the fact that consent has been withheld is not the end of the matter. The public authority is required to consider the fairness against each of the points raised above of disclosing the information against the refusal or silence where consent has neither been given or refused. When is consent needed? For data to constitute personal data, it must relate to a living individual and that individual must

This Practice Note provides guidance on what a default judgment is (also referred to as judgment in default, judgment in default of acknowledgment of service and judgment in default of defence) and the conditions that must be satisfied before a court can enter default judgment. It also explains the types of proceedings and circumstances in which the court will not enter default judgment and highlights some cross-border considerations. For guidance on the procedure for obtaining default judgment, see Practice Note: Obtaining default judgment—procedure. For guidance on the nature of a default judgment and the type of judgment that may be entered in default, see Practice Note: Default judgment—the judgment itself. It is important to be familiar with the circumstances in which the court may set aside a judgment which has been validly entered in default—if those circumstances exist it may not be worth incurring the expense of an application in the first place. For information, see Practice Note: Setting aside default judgment—discretionary grounds (CPR 13.3). This Practice Note provides guidance on the interpretation

This Practice Note provides guidance on the procedure for obtaining a default judgment (also referred to as judgment in default, judgment in default of acknowledgment of service and judgment in default of defence). It explains that default judgment may be sought either by a request in the relevant practice form or by formal application under CPR 23 procedure, as well as the circumstances in which each approach should be adopted. It also describes the correct procedure for a request or an application and the evidence that should be supplied in support, as well as modifications to default judgment procedure in the Commercial Court and Circuit Commercial Court. For guidance on the circumstances in which the court may enter default judgment, see Practice Note: Obtaining default judgment—general principles. For guidance on the nature of a default judgment and the type of judgment that may be entered in default, see Practice Note: Default judgment—the judgment itself. Note that this Practice Note only considers the procedure under CPR 12—it does not discuss the procedure for obtaining default judgment

Introduce yourself to the officer and ensure you make a note of their name and rank. Explain to the officer the purpose of your consultation and your expectations. Ensure the following areas are covered during the consultation: • Examine the officer's case narrative whether disclosed orally or in writing. • If arrested, confirm the reason and circumstances of the client's arrest, in particular the location and time of the arrest. • Obtain details of the suspected offence(s): ◦ time ◦ location ◦ injuries ◦ existence of victim's statement(s) ◦ victim's attitude to supporting prosecution • Establish what evidence exists to support each element of the offence(s), such as:

Duty of disclosure of unused evidence The pursuit of a fair trial based on equality of arms has resulted in a duty of disclosure on the Crown to the defence. In R v H, the House of Lords described disclosure in the following terms: ‘It is fundamental to the right to a fair trial under article 6(1) of the Convention that criminal proceedings should be adversarial and subject to the principle of equality of arms between prosecution and defence. Those principles require investigating authorities to disclose all material evidence for or against the defence, whether or not the prosecution relies on it.’ However, entitlement to disclosure is not absolute and disclosable material may be withheld on public interest immunity (PII) grounds. For more information, see Practice Note: Public interest immunity. The prosecutor's duty in terms of disclosure may be drawn widely. Not only is it required to provide details of its case when a matter proceeds to trial (see Practice Note: The service of prosecution evidence), a prosecutor is also required to

ARCHIVED: This Practice Note is for use when applying for evidence to be taken in the courts of England and Wales for use in an EU Member State where the transitional provisions for taking of evidence set out Article 68(b) of the Withdrawal Agreement have been met prior to IP completion day (31 December 2020). For guidance on the transitional provisions to determine whether they have been met, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Taking of evidence. Where the transitional provisions apply, the rules and practice direction in force immediately before implementation day (ie 30 December 2020 at 11 pm) will continue to be applied. In this Practice Note these are referred to as old Part 34 and old practice direction 34A. For guidance, see Practice Note: Brexit post implementation period—CPR changes [Archived], in particular, main section: Part 34—Witnesses, depositions and evidence for foreign courts. Copies of the old rule and practice direction are available

ARCHIVED: This Practice Note is for use when applying for the taking of evidence in an EU Member State where the transitional provisions for taking of evidence set out Article 68(b) of the Withdrawal Agreement have been met prior to IP completion day (31 December 2020). For guidance on the transitional provisions to determine whether they have been met, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Taking of evidence. Where the transitional provisions apply, the rules and practice direction in force immediately before implementation day (ie 30 December 2020 at 11 pm) will continue to be applied. In this Practice Note these are referred to as old Part 34 and old practice direction 34A. For guidance, see Practice Note: Brexit post implementation period—CPR changes [Archived], in particular, main section: Part 34—Witnesses, depositions and evidence for foreign courts. Copies of the old rule and practice direction are available here: Regulations and rules When evidence was required to support proceedings

This Practice Note addresses the use of bilateral treaties for obtaining evidence in civil and commercial proceedings. The Hague Convention on the Taking of Evidence (Hague Evidence Convention), if applicable, takes precedence over a bilateral treaty. Therefore, it will be necessary to check whether the country in which evidence to be sought is a contracting state of the convention and, if so, whether the convention applies as between the UK and that country. For guidance, see: Cross-border evidence—which evidence regime applies?—checklist. Bilateral treaties A bilateral treaty is an agreement between two countries/states that creates reciprocal legal obligations. Unlike multilateral conventions, it applies only between the two contracting states. In the evidence context, such treaties regulate the taking of evidence in one state for use in proceedings in the other. Bilateral treaties are typically older treaties which predate modern multilateral conventions. They often contain narrower drafting and may not contemplate modern practices when dealing with evidence. A list of bilateral treaties entered into by the UK can be accessed here: UK bilateral civil procedure conventions. Whether

Section 9 and Schedule 1 to the Police and Criminal Evidence Act 1984 (PACE 1984) provide a mechanism for the police to seek access for the purposes of a criminal investigation to material that cannot be obtained by an application to the magistrates’ court under PACE 1984, s 8, namely, ‘excluded material’ and ‘special procedure material’. Subject to establishment of the access conditions (as described below), the application may be made in consequence of the duty on the prosecution to pursue reasonable lines of inquiry as opposed to seeking evidence on which the prosecution rely. The application under PACE 1984, s 9 and Sch 1 is made to a circuit judge in the Crown Court for a production order or for a search and seizure warrant. For information on how to make applications to obtain excluded material and special procedure material under PACE 1984, s 9 and Sch 1 and how to challenge such orders, see Practice Note: Excluded material and

This Practice Note introduces the procedure under CPR 71 which is used to compel judgment debtors to attend court for questioning about their means, a process also known as oral examinations. It explains who can use the procedure (judgment creditors) and who it can be used against (judgment debtors or officers of a corporate judgment debtor), as well as when the CPR 71 procedure can be used against judgment debtors outside the jurisdiction. For guidance on the procedure for seeking an order under CPR 71, see Practice Note: Obtaining information about judgment debtors under CPR 71—making the application. For guidance on the oral examination itself, see Practice Note: Obtaining information about judgment debtors under CPR 71—the examination. For guidance on the consequences of breaching an order under CPR 71, see Practice Note: Breach of an order made under CPR 71. What is the CPR 71 procedure? The procedure set out in CPR 71 enables a judgment creditor to apply for a court order compelling the judgment debtor to attend court to give

This Practice Note explains the procedure under CPR 71 for obtaining an order that a judgment debtor attend court for questioning about their assets (an oral examination). It sets out when and where an application can be made, the forms to use (N316 and N316A) and considerations for without notice applications. It also describes the type of information/documentation which can be requested, the type of order the court will make and the requirements for service of the order. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further Court specific guidance below. For an introduction to the CPR 71 procedure, including who is entitled to use it, see Practice Note: Obtaining information about judgment debtors under CPR 71—general principles. For guidance on the oral examination itself, see Practice Note: Obtaining information about judgment debtors under CPR 71—the examination. For guidance on

This Practice Note describes the conduct of an oral examination of a judgment debtor following an order to attend for questioning under CPR 71. It explains the difference in approach between an examination before a court officer and an examination before a judge, whether the examination is held in public or privately and whether the examination can be adjourned. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further Court specific guidance below. For an introduction to the CPR 71 procedure, including who is entitled to use it, see Practice Note: Obtaining information about judgment debtors under CPR 71—general principles. For guidance on the procedure for seeking an order under CPR 71, see Practice Note: Obtaining information about judgment debtors under CPR 71—making the application. For guidance on the consequences of breaching an order under CPR 71, see Practice Note: Breach of