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Organising examination out of the jurisdiction

Litigation involving witnesses outside the jurisdiction is no longer an occurrence limited to large global disputes, 
says Michael McNally

31 May 2013

The amount of cross-border litigation continues to increase and so are the numbers of cases which are proceeding in one jurisdiction where one or more witnesses reside in another jurisdiction. This is particularly the case in relation to US cases where a witness is resident in the jurisdiction of England and Wales (and vice versa). Where a witness is willing to give evidence, the jurisdictional issue poses no problem, but what can be done where the witness is unwilling to give evidence? The service of a normal witness summons is clearly not possible.

There is of course a procedure for this and it is governed by CPR 34.16 - 34.21 and practice direction 34 rule 6.1 - 6.8. The practicalities of using this procedure are, however, rather unusual and not obvious to someone using the procedure for the first time - or at least were not obvious to me when I recently arranged for an English witness domiciled in Surrey to be examined at the High Court in relation to a...

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