header-logo header-logo

Obtaining evidence beyond the jurisdiction

255682
© Getty images

Matthew Showler & Villasha Anbalagan explore the widening options for obtaining cross-border judicial assistance

  • Letters of request remain the traditional mechanism for obtaining evidence abroad, but they may not be the only option available to litigants.
  • In the US, section 1782 applications and chapter 15 discovery may provide powerful alternatives for obtaining evidence in support of foreign proceedings.
  • The UAE’s offshore common law courts (DIFC and ADGM courts) continue to strengthen the UAE’s role in supporting cross-border litigation.

International litigation has become increasingly borderless. For example, while the dispute itself may be heard in London, the evidence rarely remains confined to one jurisdiction. Key witnesses may be based in New York, documents may be held by third parties in Dubai, and assets may be located across several countries.

The practical challenge is therefore not only whether a court has jurisdiction over the dispute. It is also how to obtain evidence from individuals or entities outside the court’s reach.

Traditionally, letters of request

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll