Cross-border disclosure and evidence

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When dealing with cross-border disputes, various issues arise involving disclosure and evidence may arise. For insights into other considerations, see: Cross border considerations—checklist.

Cross-border disclosure

When dealing with disclosure in cross-border disputes, a wide range of considerations arise. These include managing a foreign client’s expectation, the impact, if any, of local laws in the jurisdiction in which the documents are located, data protection considerations, the control of documents outside England and Wales, disclosure requirements in relation to foreign language documents, including whether there is an obligation to provide translations, and whether privilege attaches to the documents and their translations. For insight, see Practice Note: Cross-border evidence and disclosure—a guide for dispute resolution practitioners

Informal/formal regimes for taking evidence

When dealing with civil and commercial disputes, there may be times when it is necessary to obtain evidence located in another country. Such evidence may be in many forms, eg witness deposition (party or non party), documents (provision of or inspection), inspection of property (real or personal) or obtaining biospecimens (eg blood samples).

In many cases, such evidence will be provided on an informal basis following

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