The Law and Practice of Compelled Evidence in Civil Proceedings

Hardcover | December 15, 2011

bySara Cockerill

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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 bookgives 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 whereevidence 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.

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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 bookgives practical guidance with use of checklists,...

Sara Cockerill QC specialises in all areas of commercial law, and in particular in shipping and international trade, and insurance and reinsurance. As well experience of litigating and arbitrating large scale disputes in her daily practice she regularly delivers lectures on this subject to large city law firms.

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Format:HardcoverDimensions:240 pages, 9.69 × 6.73 × 0.1 inPublished:December 15, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199697558

ISBN - 13:9780199697557

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Table of Contents

IntroductionPart IThe Law1. The routes by which evidence may be compelled in England and for English Proceedings2. The limits of compelled evidence (Part 1): Oral and Documentary evidence3. The limits of compelled evidence (Part 2): Documents from a non-party4. Related jurisdictions5. Variations: outwards"requests and evidence in support of arbitration6. The European perspectivePart IIThe Procedures7. Applications and procedures8. Hearings of inwards letters of requestPart IIIAppendicesCPR 34PD34AEvidence (Proceedings in Other Jurisdictions) Act 1975Hague Convention and countries who have ratified the Hague ConventionHague Convention standard formCouncil Regulation (EC) No 1206/2001Standard formsRegulation Practice GuideQueen's Bench proforma Order