Brexit and cross-border evidence: EU Regulation 1206/2001, European Union (Withdrawal) Act 2018, transition/no-deal outcomes and Hague Evidence Convention routes (England and Wales)

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Practice notes

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This Practice Note explores how Brexit will affect securing evidence from an EU Member State for deployment in English court proceedings, and supplying evidence for use in cases before an EU Member State court when the UK leaves the EU.

It reviews the present position under Regulation (EC) 1206/2001, the Taking of Evidence Regulation, summarises the respective stances of the UK and the EU, and assesses the likely potential outcomes on the basis of the information available.

The Practice Note then looks at potential issues that may arise as the UK exits the EU and at alternative regimes that may assist when seeking to obtain evidence.

For insight into how a deal or no‑deal position might be reached, the House of Commons Exiting the EU Committee report, The progress of the UK’s negotiations on EU withdrawal (June to September 2018), at para [35], provides a helpful flowchart.

Current position

When handling disputes with international aspects, obtaining evidence from abroad is often required...

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Web page updated on 21/05/2026

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