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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Law and Practice of Compelled Evidence in Civil Proceedings

ISBN13: 9780199697557
Published: November 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £165.00

In stock.

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.

Part I The Law
1: The routes by which evidence may be compelled in England and for English Proceedings
2: The limits of compelled evidence (Part 1): Oral and Documentary evidence
3: The limits of compelled evidence (Part 2): Documents from a non-party
4: Related jurisdictions
5: Variations: <"outwards>" requests and evidence in support of arbitration
6: The European perspective
Part II The Procedures
7: Applications and procedures
8: Hearings of inwards letters of request
Part III Appendices
CPR 34
Evidence (Proceedings in Other Jurisdictions) Act 1975
Hague Convention and countries who have ratified the Hague Convention
Hague Convention standard form
Council Regulation (EC) No 1206/2001
Standard forms
Regulation Practice Guide
Queen's Bench proforma Order;