The Government has published a list containing the overseas countries whose residents will be able to give evidence in legal proceedings via video link whilst in those countries.
This has been long awaited, especially as the Courts and Tribunals have moved to using virtual platforms and even more so after the Covid 19 Pandemic. It is also more and more common for parties to have witnesses who are not based in the UK, or Claimants or Defendants to be based abroad but wish to proceed with a claim in the UK, who would otherwise be restricted due to the time and cost of travelling to attend in person.
Presidential guidance was issued in 2022 regarding giving evidence, which the Employment Tribunal also adopted. However, this led to numerous applications for witnesses to be given permission to give evidence whilst abroad, not all of which were actioned.
It is hoped that whilst the list is not complete, it will give some clarity to parties who wish to call upon witnesses to give evidence from abroad. For the current guidance for each country, please follow the below link:
For advice on how this may impact your case, and what you may need to do going forward, please get in touch with one of our specialist team today.
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