Subpoena Duces Tecum in UK Law

Leading Cases
  • Re Tucker (RC) (A Bankrupt)ex parte Tucker (KR)
    • Court of Appeal (Civil Division)
    • 16 Nov 1987

    I note that the general practice in international law is that the courts of a country only have power to summon before them persons who accept service or are present within the territory of that country when served with the appropriate process. Against this background I would not expect section 25(1) to have empowered the English court to haul before it persons who could not be served with the necessary summons within the jurisdiction of the English court.

  • Norwich Pharmacal Company v Commissioners of Customs and Excise
    • House of Lords
    • 26 Jun 1973

    But the foundation of the rule is the assumption that eventually the testimony will be available either in an action already in progress or in an action which will be brought later. Here if the information in the possession of the Respondents cannot be made available by discovery now, no action can ever be begun because the Appellants do not know who are the wrongdoers who have infringed their patent.

    They seem to me to point to a very reasonable principle that if through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers.

  • Rio Tinto Zinc Corporation v Westinghouse Electric Corporation; Re Westinghouse Electric Corporation Uranium Contract Litigation M.D.L. Docket No. 235 (No. 1) and (No. 2)
    • House of Lords
    • 01 Dic 1977

    The request for the production of documentary evidence by the two R.T.Z. companies must not only satisfy the requirements of subsection (3) which exclude fishing discovery, but also the stricter requirements of subsection (4). There is a good deal of authority cited by the Master of the Rolls in his judgment as to how specific the reference to documents must be in subpoena duces tecum.

  • Tajik Aluminium Plant v Hydro Aluminium as
    • Court of Appeal (Civil Division)
    • 19 Feb 2007

    Whatever may be the origin of the present rules, there are in my view clear distinctions to be drawn between an order for disclosure made against a third party and a witness summons to produce documents. An order for disclosure normally directs the person to whom it is addressed to carry out a reasonable search for documents in his possession falling within classes which are often broadly described and to list them for the information of the parties to the proceedings.

    A witness summons, unlike an order for disclosure, requires the person to whom it is addressed to attend court on a specified occasion and to produce to the court the documents to which it refers. Anything less is unfair to the witness; it also makes supervision and enforcement by the court extremely difficult, as Miss Reffin was forced to admit.

  • Mercantile Group (Europe) AG v Aiyela
    • Court of Appeal (Civil Division)
    • 30 Jul 1993

    First, the third party must have become mixed up in the transaction concerning which discovery is required. Secondly, the order for discovery must not offend against the "mere witness" rule, which prevents a party from obtaining discovery against a person who "will in due course be compellable to give that information either by oral testimony as a witness or on a subpoena duces tecum": see Lord Reid at p. 174.

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Legislation
  • Court of Probate Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ...... as may be, as that in which a Writ of Subpoena ad testificandum, or of Subpoena duces tecum, is ......
  • Solicitors Act 1957
    • UK Non-devolved
    • 1 de Enero de 1957
    ......or complaint is made may issue writs of subpoena ad testificandum. and duces tecum, but no person ......
  • Arbitration Act 1889
    • UK Non-devolved
    • 1 de Enero de 1889
    ...... . S-8 . Witnesses may be summoned by subpoena. 8 Witnesses may be summoned by subpoena. . 8. ... ad testificandum, or a writ of subpoena duces tecum, but no person shall be compelled under any ......
  • Matrimonial Causes Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ...... may, under its Seal, issue Writs of Subpoena or Subpoena duces tecum, commanding the ......
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Books & Journal Articles
  • Courts of Summary Jurisdiction
    • Núm. 31-3, Julio 1967
    • Journal of Criminal Law, The
    ......This is a Crown Office subpoena. Here, the position has been altered by s. 8 ... subpoena ad testificandum or subpoena duces tecum shall issue after the commencement of ......
  • Legal Professional Privilege and the Ascertainment of Truth
    • Núm. 53-3, Mayo 1990
    • The Modern Law Review
    ...... be obtained from the hospital by a subpoena duces tecum. This decision seems to have ......
  • Privilege against Self-Incrimination in Independent Evidence: C Plc v P (Attorney-General Intervening)
    • Núm. 12-2, Abril 2008
    • International Journal of Evidence & Proof, The
    ...... of the compulsory weapon of the subpoena writ. 12 This testimonial duty to attend and ... in his possession, under a subpoena duces tecum , in a case where the party calling the ......
  • Common Law Bank Secrecy and its Implications for US Securities Laws
    • Núm. 2-4, Febrero 1999
    • Journal of Money Laundering Control
    • 331-351
    The year 1986 did not bode well for investment banker Dennis Levine. In a civil injunctive action the US Securities and Exchange Commission (SEC or the Commission) alleged that Levine, through an i...
    ...... banker's duty of secrecy over a foreign subpoena to produce documents in a foreign court. For the ... a foreign court when served with a subpoena duces tecum. This notion has been reflected in two ......
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Law Firm Commentaries
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