English courts take care over ‘letters of request’ for potential witnesses by foreign courts. Paul Friedman and Helen Rowlands discuss Daric Smith v Phillip Morris
A letter of request is a means by which a foreign requesting court can obtain evidence from a witness resident in England and Wales with the assistance of the English courts. The use of letters of request and, in particular, the need to balance the interests of the potential witness with the English court’s general wish to assist the foreign court has been considered recently in the case of Daric Smith v Phillip Morris Companies Inc  EWHC 916 (QB).
Daric Smith had brought a class action in Kansas, US against a number of cigarette manufacturers in which he alleged a worldwide conspiracy to unlawfully fix the price of wholesale cigarettes. This alleged conspiracy was said to h...