Jurisdiction(s):
United Kingdom

Key definition

Use definition

What does Use mean? In legal practice, Use describes any act of dealing with information, materials, works, data or technology. It is usually a contractual umbrella term capturing a broad range of actions, commonly including to distribute, disclose, store, use, analyse, copy, reproduce, extract, modify or adapt, whether in whole or in part. Use is not generally fixed by statute; its scope turns on the wording of the relevant agreement and context. That said, it intersects with specific legal regimes. In intellectual property, “use” of a trade mark in the course of trade (UK Trade Marks Act 1994; Irish Trade Marks Act 1996) and the...

Practical guide to obtaining cross-border evidence via bilateral treaties: scope, letters of request, Hague Evidence Convention priority, and options where no treaty exists

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note considers the Use of bilateral treaties to obtain evidence in civil and commercial matters. Where it applies, the Hague Convention on the Taking of Evidence (Hague Evidence Convention) overrides any bilateral arrangement. Accordingly, it is necessary to verify whether the state from which evidence is sought is a contracting party to the convention and, if it is, whether the convention operates between the UK and that state. For further guidance, see: Cross-border evidence—which evidence regime applies?—checklist.

Bilateral treaties

A bilateral treaty is an accord between two countries/states creating mutual legal obligations. Unlike multilateral conventions, it has effect solely between the two contracting states. In relation to evidence, such instruments govern the gathering of evidence in one jurisdiction for deployment in proceedings in the other. Bilateral treaties are commonly earlier instruments that predate contemporary multilateral conventions. Their drafting is often narrower and may fail to anticipate modern evidential practices. A list of bilateral treaties concluded by the UK is available here: UK bilateral civil procedure conventions. Whether a particular bilateral treaty is in force can be confirmed on the UK Treaties website...

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Web page updated on 21/05/2026

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