Legal privilege and transnational evidence-taking : a comparative study on cross-border disclosure, evidence-shopping and legal privilege
著者
書誌事項
Legal privilege and transnational evidence-taking : a comparative study on cross-border disclosure, evidence-shopping and legal privilege
Intersentia, c2022
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注記
"This research was finalised on 15th November 2021 as the result of a PhD project, and has since then been updated ..."--Pref
Includes bibliographical references (p. 265-288) and index
内容説明・目次
内容説明
There are various methods for taking evidence abroad during litigation. This book examines two of these: obtaining legal documents from a foreign national adversarial party during the main proceedings ('cross-border disclosure'); and obtaining documents with the help of an auxiliary court, with the aim of introducing them as evidence during foreign civil proceedings ('evidence shopping'). It has a particular focus on the situation where a party wants to inspect information that their opponent has confidentially shared with a foreign (in-house) lawyer.In such instances, various questions arise. May the court grant the disclosure order based solely on the procedural law of its state? If so, how should the court determine the applicable law regarding possible legal privilege? Will this be in accordance with the rules of its own state, or should the court apply a foreign state's rules instead? Does it make a difference whether the applicant requests disclosure during the main proceedings, or in the context of civil proceedings that will take place abroad?This book analyses these questions in relation to the U.S. federal, English, French, German and Dutch legal systems. It concludes by proposing a new rule that courts should use for determining the applicable legal privilege law in such cases.
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