Overview
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.
Full Product Details
Author: Sara Cockerill QC (Barrister, Essex Court Chambers)
Publisher: Oxford University Press
Imprint: Oxford University Press
Dimensions:
Width: 17.90cm
, Height: 2.80cm
, Length: 24.70cm
Weight: 0.592kg
ISBN: 9780199697557
ISBN 10: 0199697558
Pages: 256
Publication Date: 10 November 2011
Audience:
College/higher education
,
Postgraduate, Research & Scholarly
Format: Hardback
Publisher's Status: Active
Availability: To order
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.
Reviews
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
Author Information
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.
