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 witnesses who are to be examined, if the Request is given effect, the court will not allow uncertain, vague or other objectionable Requests to be implemented. A witness is entitled to know within reasonable limits the matters about which he or she is to be examined.’
Judges:
Lord Woolf MR
Citations:
[1997] EWCA Civ 2241, [1997] ILP 170
Statutes:
Evidence (Proceedings In Other Jurisdictions) Act 1975, Rules of the Supreme Court 70
Jurisdiction:
England and Wales
Cited by:
Cited – United States of America v Philip Morris Inc and others QBD 10-Dec-2003
Witness orders were sought in respect of professionals resident in England to support litigation in the US. They objected on the ground that the terms of the order sought suggested improper behaviour, and that an order would anticipate breach of . .
Cited – First American Corporation and others v Sheik Zayed Bin Sultan Al-Nahyan and Others CA 12-May-1998
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 . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Litigation Practice
Updated: 29 May 2022; Ref: scu.142638
