The Law and Practice of Compelled Evidence in Civil Proceedings

Inbunden, Engelska, 2011

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Beskrivning

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.

Produktinformation

Utgivningsdatum:2011-11-10
Mått:179 x 247 x 27 mm
Vikt:592 g
Format:Inbunden
Språk:Engelska
Antal sidor:256
Förlag:OUP OXFORD
ISBN:9780199697557

Utforska kategorier

Handelsrätt inom Juridik
Rättsordning inom Juridik

Mer om författaren

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.

Recensioner i media

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.