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The Law and Practice of Compelled Evidence in Civil Proceedings (Hardcover, New)
Loot Price: R7,109
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The Law and Practice of Compelled Evidence in Civil Proceedings (Hardcover, New)
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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.
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