Assessing The Risks - Pre-Trial Costs In Switzerland

The Federal Tribunal of Switzerland, the country's highest court, recently dispelled the uncertainty that hung around the question of costs in connection with the precautionary taking of evidence.

This procedural instrument, introduced on a federal level with the new Civil Procedure Code (CPC) in 2011, entitles a party to apply to the court to secure evidence that could later be lost, where a statutory rule provides for the taking of such evidence or where an applicant can demonstrate a legitimate interest.

The intention of the measure was to enable potential litigants to assess their trial chances ahead of having to lodge a full court action. The hope was also to discourage potential claimants with weak cases, with the result of alleviating the courts' workloads.