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Explainer: obtaining evidence from the US and/or England & Wales, for use in foreign civil proceedings

2023-2024 was another record year for the London Commercial Court with 64% of litigants who appeared before the court hailing from jurisdictions outside of the UK.[1]  Even ostensibly domestic civil disputes are now likely to possess multiple international elements or touch points. This can include witnesses and documentary evidence (held physically or in data centres)

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Injunctive Relief in German Civil Cases – No Longer Possible Without an Oral Hearing?

Background German civil procedural law and, in particular, its application by the courts, have up until now offered sufficient flexibility to enable applicants to obtain preliminary injunctions without conducting an oral hearing – a special characteristic that is not found in many other jurisdictions. This is one of the reasons why, in the past, parties

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UK Ratifies Hague Judgments Convention: Too Early to Judge?

On 27 June 2024, the UK government ratified the 2019 Hague Judgments Convention on the ‘Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters’ (the “Judgments Convention”). The Judgments Convention will enter into force in England and Wales on 1 July 2025 (it will not apply in Scotland and Northern Ireland). The ratification