The 1856 Act cannot be used to allow a fishing expedition for evidence. The court distinguished between ‘a process by way of discovery and testimony for that purpose’ and ‘testimony for the trial itself’.
Judges:
Devlin J
Citations:
[1956] 1 QB 618
Statutes:
Foreign Tribunals Evidence Act 1856
Jurisdiction:
England and Wales
Cited by:
Cited – In re State of Norway’s Application (No 1) CA 1987
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 . .
Approved – In re Westinghouse Uranium Contract HL 1978
‘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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 25 November 2022; Ref: scu.188696