Cross-border disclosure and evidence in England and Wales: practical guide to foreign‑located documents, data protection, translations and privilege, overseas witnesses, Hague requests, collateral use, and technology-assisted review

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Practice notes

This Practice Note outlines key considerations and potential issues when handling documentary evidence and disclosure in cross‑border proceedings. Matters include managing a foreign client’s expectations; the effect, if any, of local laws where the documents sit; data protection concerns; control of material outside England and Wales; requirements for foreign‑language documents, including whether translations must be supplied and if translated materials can attract privilege; the role of technology; use of documents disclosed in overseas proceedings; obtaining deposition and documentary evidence; and points relating to both factual and expert evidence. Note that regard must be had to any specific guidance in the relevant court guide for the forum in which the case is progressing. See: court‑specific guidance below. In addition to the points addressed in this Practice Note, the general disclosure rules continue to apply. For guidance, see:

Disclosure—overview
Disclosure Scheme (Business & Property Courts)—overview
Inspection—overview
Privilege and without prejudice communications—overview

Managing the client’s expectation

In any litigation, it is vital to manage the client’s expectations concerning disclosure. However, further...

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Web page updated on 21/05/2026

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