The Law and Practice of Compelled Evidence in Civil Proceedings
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Product details:
- Publisher OUP Oxford
- Date of Publication 10 November 2011
- ISBN 9780199697557
- Binding Hardback
- No. of pages256 pages
- Size 247x179x27 mm
- Weight 592 g
- Language English 0
Categories
Short description:
Drawing together the key principles involved in compelling evidence both from English witnesses in aid of foreign proceedings and witnesses of English proceedings, this book provides invaluable guidance on legal and practical issues, particularly in relation to witness summonses, letters of request and the European Taking of Evidence Regulation.
MoreLong description:
Courts have the right to compel non-parties to give evidence or produce documents in aid of litigation and arbitration proceedings. As well as providing a clear statement of the law relating to witness summonses, letters of request and the European Taking of Evidence Regulation, this book gives practical guidance with use of checklists, for example on the issues arising in drafting and defending letters of request and conducting or advising at a hearing of a deposition under a letter of request.
The book considers how regulation from outside England and Wales affects compelled evidence, explaining the European Taking of Evidence Regulation and its similarities and differences to the Hague Convention.
As well as giving guidance on compelling evidence from abroad in aid of English proceedings, with reference to the different procedures applicable in relation to different countries, the book also addresses cases where evidence is compelled in England for use in foreign proceedings and where evidence is compelled within England and Wales for use in domestic cases; identifying the common principles which underpin the different areas and key differences to consider.
Finally, the book addresses related jurisdictions including CPR 31.17 (third party disclosure), Bankers' Books Evidence Act, and evidence in aid of arbitrations and CPR 71 (cross examination of judgment debtor).
Clearly structured to contain the law, procedure, and relevant source materials, this book provides an invaluable and single point of reference to bring clarity and detail to a previously obscure and under-resourced area of the law.
With a Foreword by Mr Justice Andrew Smith.
This work provides a stimulating review of the historic foundation of subpoenas against which the current law has to be understood. It also provides the most detailed available review of the taking of evidence on commission including guidance to the new EU regulation. It will be of interest to anyone making or facing a court application in these areas.
Table of Contents:
Introduction
Part I The Law
The routes by which evidence may be compelled in England and for English Proceedings
The limits of compelled evidence (Part 1): Oral and Documentary evidence
The limits of compelled evidence (Part 2): Documents from a non-party
Related jurisdictions
Variations: öutwards¨ requests and evidence in support of arbitration
The European perspective
Part II The Procedures
Applications and procedures
Hearings of inwards letters of request
Part III Appendices
CPR 34
PD34A
Evidence (Proceedings in Other Jurisdictions) Act 1975
Hague Convention and countries who have ratified the Hague Convention
Hague Convention standard form
Council Regulation (EC) No 1206/2001
Standard forms
Regulation Practice Guide
Queen's Bench proforma Order
