Senior associate Joshua Mitchell and trainee Holly Robinson have co-written an article in the Solicitors Journal examining how litigants in England and Wales can use US discovery procedures under Section 1782 of the US Code to obtain evidence in support of English litigation. The article explores the scope of Section 1782 applications, procedural requirements, strategic considerations and the discretionary factors applied by US courts when granting or resisting disclosure requests.
The recoverability of evidence under the Section 1782 Method is broader compared to the CPR equivalent, encompassing depositions, document production and requests for admission. The evidence sought must, understandably, be within the Respondent’s “possession, custody or control.”
The full article is available from Solicitors Journal here.
About Joshua and Holly
Joshua Mitchell is a senior associate in the dispute resolution team. He advises on disputes involving individuals, companies, institutions and charities.
Holly Robinson is currently a trainee in the dispute resolution team.
Get in touch
If you would like to speak with a member of the team you can contact our dispute resolution solicitors by telephone on +44 (0)20 3826 7513 or complete our enquiry form.
