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Law and Practice of Compelled Evidence in Civil Proceedings

Law and Practice of Compelled Evidence in Civil Proceedings

Author: Sara Cockerill
Publisher: Oxford University Press
ISBN: 9780199697557
Published In: November 2011
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The only work to focus solely on this specific area
Provides a uniquely detailed and comprehensive reference on both oral and documentary evidence
Practically focused with clear guidance on issues arising in drafting and defending letters of request and in conducting or advising at a hearing of a deposition under a letter of request
Broad coverage addresses related jurisdictions including witness summonses in aid of arbitrations Bankers' Books Evidence Act and Order 71 (cross examination of judgment debtors)
Comprehensive appendices include all relevant materials including CPR 34, The Hague Convention and the European Taking of Evidence Regulation plus guidance materials providing all you need in a single resource
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.

With a Foreword by Mr Justice Andrew Smith.

Readership: UK solicitors and barristers practising in civil and commercial litigation, especially those involved in larger scale or international litigation. International practitioners who need to compel evidence from witnesses based in England and those seeking an overview of the process of compelling evidence from abroad in aid of English proceedings.

Introduction
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: öutwards¨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
PD34A
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

Sara Cockerill QC, Barrister, Essex Court Chambers

Sara Cockerill QC specialises in all areas of commercial law, and in particular in shipping and international trade, and insurance and reinsurance. As well experience of litigating and arbitrating large scale disputes in her daily practice she regularly delivers lectures on this subject to large city law firms.

"This work provides a stimulating review of the historic foundation of subpoenas against which the current law has to be understood. It also provides the most detailed available review of the taking of evidence on commission including guidance to the new EU regulation. It will be of interest to anyone making or facing a court application in these areas." - Charles Hollander QC, Brick Court Chambers

"Sara Cockerill QC has produced an excellent and practical analysis of the various methods available to extract evidence for civil proceedings from non parties. It departs from the rather dry and academic approach of other works which touch upon the subject. Her analysis of obtaining evidence under letters of request is particularly helpful, which should be of interest to academics and practitioners alike." - Hodge Malek QC

"This book deserves an 'A' rating for usefulness and we think it's fair to say that no busy civil practitioner should be without it." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers