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Taking Evidence from Witnesses in Foreign Jurisdictions

A case reported on Lawtel recently concerned a little known provision contained in CPR 34. This deals with the situation where evidence is to be taken from a witness in a different jurisdiction. This provision is potentially of use to parties who wish to obtain evidence from a witness in another country or where a witness in England is requested to give evidence in a foreign case.

Burgess & Anor v Lejonvarn [2016] EWHC 40 (TCC)

Alexander Nissen QC determined that a professional consultant owed a tortious duty of care in the course of providing gratuitous services of project management and supervision in relation to a friend’s garden redevelopment, notwithstanding that such a duty was wider than that any tortious duties owed by the contractors actually completing the works.