Judges: Andrew Smith J Citations:  EWHC 916 (QB) Links: Bailii Statutes: Evidence (Proceedings in Other Jurisdictions) Act, 1975 Jurisdiction: England and Wales Litigation Practice Updated: 15 July 2022; Ref: scu.241786
Application for leave to appeal against refusal to grant witness orders to attend arbitration. The respondent had argued that the request was too vague and broad. Held: Moore-Bick LJ said: ‘In order to answer the question raised in this case I think it is necessary to return to first principles with such assistance as may … Continue reading Tajik Aluminium Plant (Tadaz) v Hydro Aluminium As and others: CA 24 Oct 2005
Judges: Morris J Citations:  EWHC 2366 (QB) Links: Bailii Statutes: Evidence (Proceedings in Other Jurisdictions) Act 19755 82 Jurisdiction: England and Wales Evidence, Litigation Practice Updated: 05 June 2022; Ref: scu.628216
An application for Mareva relief was granted under s.25 where proceedings were pending in the US against Lebanese defendants arising out of futures transactions with respect of assets in England. On the application to discharge the order, the lower court held that, in view of the risk of asset dissipation, the merits was for the … Continue reading REFCO Capital Markets Ltd and Another v Eastern Trading Co, Credit Suisse (First Boston) Ltd and Another: CA 17 Jun 1998
A court had a discretion to order oral examination of a witness to support actions abroad but should not normally do so if the purpose appeared to be merely to obtain information rather than evidence. Citations: Times 17-Aug-1998 Statutes: Evidence (Proceedings in Other Jurisdictions) Act 1975 2 Jurisdiction: England and Wales Jurisdiction Updated: 10 May … Continue reading First American Corporation and Another v Al-Nahyan and Others; Clark Clifford and Others v First American Corporation: CA 17 Aug 1998
Application to set aside order for oral examination Citations:  EWHC 319 (QB) Links: Bailii Statutes: Evidence (Proceedings in Other Jurisdictions) Act 1975 Jurisdiction: England and Wales Litigation Practice Updated: 04 May 2022; Ref: scu.633836
‘The fact, if it be so, that evidence so obtained may be used in other proceedings and indeed may be central in those proceedings is no reason for refusing to allow it to be requested’ Lord Fraser said: ‘in judging the nature of the letters rogatory as a whole in the court must look at … Continue reading In re Westinghouse Uranium Contract: HL 1978
Judges: Morris J Citations:  EWHC 613 (QB) Links: Bailii Statutes: Evidence (Proceedings in Other Jurisdictions) Act 1975 Jurisdiction: England and Wales Evidence Updated: 24 March 2022; Ref: scu.581411
The defendants appealed orders requiring them to produce evidence for use in the courts in the US. Held: It was the pleasure and duty of British courts to respond positively to a letter of request. Public interest required that a court should have before it all the evidence it required to fulfil its task. Unless … Continue reading United States of America v Philip Morris Inc and Others and British American Tobacco (Investments) Ltd: CA 23 Mar 2004
Letters of Request had been received for the production of document to be used in litigation in the US. It was complained that they were drafted so widely as to amount to a fishing expedition.
Held: ‘an English court must look at the issue of . .
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The government of Norway sought evidence here to support a claim for tax in Norway. Held: The State of Norway’s application requesting the oral examination of two witnesses residing in England did not fall foul of the Revenue rule. A claim will not be enforced here, where the claimant is asserting a sovereign right or … Continue reading Re State of Norway’s Application (No 2): HL 1989
The court considered the circumstances under which it could be called upon to assist a foreign court. Held: It is the duty and pleasure of the court to give all such assistance as it can to the requesting court within the limits imposed by the 1975 Act from which the jurisdiction to make orders of … Continue reading Genira Trade and Finance Inc v CS First Boston and Standard Bank (London) Limited: CA 21 Nov 2001
When considering an application under the 1975 Act, the court must not only observe the restrictions imposed by the 1975 Act; it must also hold a fair balance between the interests of the requesting court and the interests of the witness. ‘because of the need to hold the balance between the requesting court and the … Continue reading In the Matter of a Civil Matter Now Pending In District Court for Second Judicial District, County of Ramsey, State of Minnesota: CA 30 Jul 1997
The appellant sought leave to appeal to the House of Lords. They certified three questions, as to whether the word ‘evidence’ in the 1990 Act has the same or a wider meaning than in the 1975 Act, whether making an illicit contribution to a political party was a political offence within the 1959 convention, and … Continue reading Regina v Secretary of State for Home Department ex parte Finninvest SPA: Admn 25 Oct 1996
The basic requirement for an issue estoppel to arise was that ‘the earlier determination relied on as raising an issue estoppel shall have been fundamental to the decision first arrived at’. The Board did not accept that an issue estoppel is impossible if the first decision could not be appealed. Judges: May LJ, Balcombe LJ … Continue reading Re State of Norway’s Application (No 2): CA 1988
The house considered appeals from the two earlier applications, upholding the first and reversing the second. Judges: Lord Goff Citations:  AC 723 Statutes: Evidence (Proceedings in Other Jurisdictions) Act 1975 Jurisdiction: England and Wales Citing: Appeal from – Re State of Norway’s Application (No 2) CA 1988 The basic requirement for an issue estoppel … Continue reading In re Norway’s Applications: HL 1990
A London insurance brokerage company had been ordered to produce documents pursuant to a letter of request issued by a Californian court in proceedings brought by manufacturers of asbestos against their insurers. The 1975 Act empowered the court to make orders for the production of documents for use as evidence in proceedings abroad pursuant to … Continue reading In re Asbestos Insurance Coverage: HL 1985
There were taxation proceedings in Norway. One question was whether the Norwegian taxpayer controlled a trust which owned some shares. Letters rogatory issued by the Norwegian Court requested the oral examination of two witnesses in the United . .