Discovery & Cross Border Enforcement (US/UK)

Introduction

Cross-border disputes frequently require parties to obtain evidence located in another jurisdiction and, ultimately, to convert a successful judgment into an effective recovery. Presented primarily from the perspective of an English disputes lawyer but informed by the speaker’s US qualification and years of practice in the United States, this webinar will examine recent developments in two critical areas of US/UK litigation: (1) cross-border disclosure; and (2) the recognition and enforcement of judgments.

This webinar will also consider the strategic use (and potential misuse) of US discovery mechanisms, including applications under 28 U.S.C. § 1782, alongside the principal routes for obtaining evidence in England and Wales. It will also address the practical and strategic issues that arise when seeking to recognise and enforce US and UK judgments across borders, including jurisdictional requirements, defences and the importance of planning for enforcement from the outset.

By viewing the webinar, you will be better equipped to develop an integrated US/UK strategy that treats evidence gathering and enforcement as connected parts of the dispute rather than issues to be addressed only after proceedings have begun or judgment has been obtained.

What You Will Learn

This webinar will cover the following:

• The principal routes for obtaining evidence in US/UK cross-jurisdictional disputes, including applications under 28 U.S.C. § 1782 and procedures available in England and Wales
• Recent developments in cross-border disclosure and the practical implications for litigants and third parties
• Common strategic and procedural pitfalls, including overly broad requests, premature applications and duplication
• The principal routes for recognising and enforcing US judgments in England and Wales and English judgments in the United States
• The jurisdictional requirements, available defences and procedural obstacles that can arise during recognition and enforcement
• Practical tips for working effectively with local counsel and managing the differing procedural expectations of the US and English courts