Obtaining evidence in England for use in foreign proceedings

Due to the increase in global trade and communication it is becoming increasingly evident that important evidence required for proceedings outside of England will often be located in England. The English High Court has the power to give effect to the request of a foreign court to assist in obtaining evidence in England and Wales for use in foreign proceedings. The English High Court is required by statute - the Evidence (Proceedings in Other Jurisdictions) Act 1975 (the Act) - to assist countries which are a party to either the Hague Convention on the Taking of evidence Abroad in civil or Commercial Matters or a country with which the UK has a Bilateral Convention. If the requesting court and the witnesses are located in an EU country (other than Denmark), then the procedure is governed by the Regulation on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (Regulation 1206/2001). Under the Act, the English Court