Discovery against Non-parties

Refco Capital Markets Ltd and another v Credit Suisse (First Boston) Ltd and another (CA TLR 7 December)

The English courts are unable to give effect to requests for discovery orders against non-parties under the Evidence (Proceedings in Other Jurisdictions) Act 1975 because such orders are simply not part of its procedure. Much time and money was being spent in English courts in attempting to give effect to letters rogatory requesting the English court to order the production of documents and oral deposition from third parties to litigation in the USA. That time and money would be unnecessary if those seeking the request from US courts appreciated the differences in attitudes in the two jurisdictions.