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Contents
- Preliminary Material
- Main Text
- 1 Civil Matters: Challenges and Solutions
- Preliminary Material
- I Differing approaches
- II Modes of communication
- 1 The diplomatic channel
- 2 The (direct) consular channel
- 3 The indirect consular channel
- 4 Ministry of Justice (or central authority) to Ministry of Justice (or central authority)
- 5 Competent official to Ministry of Justice (or central authority)
- 6 Court or competent official to court or competent official
- 7 Huissier de justice to huissier de justice
- 8 Plaintiff to court or competent official
- 9 Service by post
- III Seeking solutions
- 2 Service of Process
- Preliminary Material
- I Introduction
- II International Conventions
- 1 The Hague Convention of 15 November 1965
- 2 Scope of the Convention
- 3 The system of Central Authorities
- 4 Initiation of the request
- 5 Procedures for service
- 6 Refusal or failure to serve
- 7 Other permitted modes of service
- 8 Bilateral arrangements
- 9 Safeguards
- 10 Extra-judicial documents
- 11 Costs
- 12 Relationship with other instruments
- 13 Assessment of the Convention
- III Regulation 1393/2007
- IV Inter-American Arrangements
- V English practice
- 3 Taking of Evidence
- Preliminary Material
- I The Hague Convention on the Taking of Evidence Abroad 1970
- 1 Letters of request
- (a) Scope
- (b) Mandatory?
- (c) A note on US discovery practice
- (d) Use of the forum state’s procedures
- The Convention required no change in US practice
- So long as the evidence-taking was in the US, it was immaterial that the document was disclosed or the person whose deposition was sought was in another state party to the Convention
- The Convention did not apply where the proposed witness was a party and subject to the in personam jurisdiction of the United States
- The Convention expressly allowed the maintenance of existing US practices
- Fairness to US plaintiffs
- Aérospatiale
- After Aérospatiale
- Blocking statutes
- (e) Pre-trial discovery of documents and the Convention
- (f) Civil and commercial
- (g) Judicial authorities
- (h) ‘Evidence’
- (i) ‘Other judicial act’
- (j) Central Authorities
- (k) Contents of Letters of Request
- (l) Language of the Request
- (m) Rejection of Letter of Request
- (n) Execution of Letters of Request
- (o) Attendance at the execution of the Letter of Request
- (p) Special procedures and methods
- (q) Measures of compulsion against a witness
- (r) Privileges and duties of witnesses
- (s) Return of executed Letter of Request
- (t) Taxes and costs
- 2 Taking of evidence by diplomatic officers, consular agents, and commissioners
- 1 Letters of request
- II Council Regulation No 1206/2001
- 1 Scope
- 2 Transmission of requests
- 3 Contents of requests
- 4 Execution of requests
- 5 Attendance and participation of parties and representatives
- 6 Coercive measures
- 7 Privileges of witnesses
- 8 Other grounds for refusing to execute a request
- 9 Costs
- 10 Procedure after execution of request
- 11 Direct taking of evidence by the requesting court
- III Inter-American Instruments
- IV English practice
- 1 Evidence in England for use in foreign proceedings
- 2 Evidence from abroad for use in England
- 4 Other Forms of Co-operation in Civil Matters
- 5 Criminal Matters: Old Hesitations and Modern Activity
- Preliminary Material
- I Grounds for hesitation
- II Movement to the modern position
- 1 Early efforts to secure international co-operation
- 2 The current scene
- 6 General Mutual Assistance Instruments
- Preliminary Material
- I European Convention on Mutual Assistance in Criminal Matters
- II The Commonwealth Scheme
- III UN Model Treaty on Mutual Assistance in Criminal Matters
- IV Inter-American Convention on Mutual Assistance in Criminal Matters
- V EU Convention on Mutual Assistance in Criminal Matters between Member States
- 7 Service of Documents and Obtaining Evidence
- Preliminary Material
- I General Service and Evidence Provisions
- II Telecommunications, computer data, and electronic surveillance
- III United Kingdom legislation
- 1 Requests to the United Kingdom
- 2 Service of process
- 3 Evidence for use in the United Kingdom
- 4 Domestic freezing orders
- 5 Evidence for use abroad
- 6 Evidence by television links or by telephone
- 7 Search and seizure
- 8 Surveillance by foreign officers
- 9 Overseas freezing orders
- 10 Transfer of persons in custody
- 11 UK bilateral treaties and agreements
- 8 Particular Types of Criminal Activity
- Preliminary Material
- I Drug trafficking
- II Organized crime
- III Human trafficking
- IV Terrorism
- V Money laundering
- 9 The Proceeds of Crime
- Preliminary Material
- I Introduction
- II International action
- III United Kingdom provision
- 10 Criminal Records and the Recognition of Penalties
- Preliminary Material
- I Criminal records
- II Recognition and enforcement of criminal penalties
- 1 The work of the Council of Europe
- 2 European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders
- 3 European Convention on the International Validity of Criminal Judgments of 1970
- 4 EU action
- 5 The Framework Decision on financial penalties
- 6 The Framework Decision on custodial penalties
- 7 The Framework Decision on probation and similar measures
- 8 Framework Decision on supervision measures as an alternative to provisional detention
- 9 Disqualifications
- III Transfer of proceedings
- 1 Civil Matters: Challenges and Solutions
- Further Material
