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Forum Shopping International Aspects Of Litigation Notes

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Advanced Commercial Litigation Forum Shopping & International Aspects of Litigation Deciding Where to Commence Proceedings When advising a client on where to commence proceedings there are a number of things to consider and compare to another jurisdiction: Costs

• Conditional fee arrangements? Levels of fees charged?

• Cost to commence proceedings? Costs throughout? Court fees?

Evidence

• Burden of proof? Hearsay evidence (CPR 33)?

• Disclosure (CPR 31)? Standard disclosure and inspection? Pre-Action disclosure (CPR 31.16)

• Common interest privilege availability?

• How are costs recoverable (CPR 44.2)?

• Promotion of ADR/settlement (CPR 36/44.2(5))

• Expert evidence (CPR 35.4)? Privilege for instructions (CPR 35.10(4))

• Security for costs (CPR 25.12)?

Procedure

• Pro-active judges (CPR 1, 3.1-3.4)?

Remedies/Enforcement

• Interim injunction for confidentiality issues (CPR 25)?

• Ability to join parties to the case (CPR 19-20)?

• Limitation issues?

• Court's approach to foreign law (s.4 CEA 1972)?

• Availability of interim applications?

• Rules on quantification, mitigation, causation and remoteness of damages?

• Case management hearings? Length of trial/case?

• Judgment in Sterling or Euros?
Conversion/exchange rate?

• Rules on interest (CPR 40)?

• Time for paying damages (CPR 40.11)?

• Methods of enforcement (e.g. taking control of goods (CPR 83-86) or third party debt orders (CPR 72).

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