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This PrACTice Note considers how letters of request, received from foreign courts to obtain evidence in cross border Disputes in their jurisdictions, are dealt with by the courts of England and Wales. The power of the courts to assist is set out in Evidence (Proceedings in Other Jurisdictions) Act 1975 (E(POJ)A 1975) and the procedure to be fOLlowed is set out in Section II of CPR 34 at CPR 34.16 onwards.

The guidance in this Practice Note applies equally to requests made to the courts of England and Wales by courts of contracting states and non-contracting states to the Hague Evidence Convention.

For guidance on:

1. •

   issues of privilege or confidentiality, see Practice Note: Cross border evidence—privilege and confidentiality

2. •

   obtaining evidence in a foreign country for use in proceedings in the Courts of England and Wales, see Practice Note: Cross border evidence—requests to a foreign court for assistance

3. •

   the convention, see Practice Note: Cross border evidence—Hague Evidence Convention

4. •

   bilateral treaties, see Practice Note: Obtaining evidence—bilateral treaties