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Substance and Procedure in Private International Law by Garnett, Richard (8th March 2012)

8 Evidence II

James J. Fawcett

From: Substance and Procedure in Private International Law

Richard Garnett

Subject(s):
Taking evidence abroad — Lawyer/client privilege — Privilege against self-incrimination — Hague Evidence Convention — EU Evidence Regulation — Witnesses — Recognition and enforcement of foreign judgments
8.01 As was noted in Chapter 7 , evidence is a topic similar to service of process where the law of the forum has been traditionally considered to exercise dominant, if not exclusive, control on the basis that all questions which arise fall within the domain of procedure. Yet it will be argued that, again, other laws may also need to be applied to qualify the operation of forum law in this area. This issue particularly arises where the claimant seeks to obtain evidence abroad for a proceeding in the forum, that is, requests testimony or documents from a person in...
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