(Supreme Court of Bermuda) Before the court was an issue as to the enforcement of a letter of request from Ohio for oral evidence to be taken from employees in Bermuda of an insurance company. The island’s Evidence Act 1905 had provisions identical to those in the English Act of 1975.
Held: ‘Typically, perhaps, oral examination relates almost exclusively to the requested documents, so, if the documents are not properly sought, oral examination falls away.’ Since the request was only for oral evidence chose to adopt the approach commended in Zayed, he held that he had a discretion, which he proceeded to exercise.
Judges:
Kawaley J
Citations:
[2004] Bda LR 46
Jurisdiction:
Commonwealth
Cited by:
Cited – Charman v Charman CA 20-Dec-2005
The court considered orders to third parties abroad to produce docments for use in ancillary relief proceedings. The husband had built up considerable assets within an offshore discretionary trust. The court was asked whether these were family . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 14 May 2022; Ref: scu.236598