Witness Evidence from Abroad

[Mark3482]

I have an employment tribunal hearing coming up and one of my witnesses is based in Canada. The Court on the U.K. has granted permission for this witness to attend via video. On the U.K. .Gov website, its states that individuals in Canada can voluntarily give evidence by video in U.K. civil tribunals. However, the Presidential Guidance at section 15 states that where the state is a signatory to The Hague Convention, the party must contact the relevant authorities for that state to ask whether they require permission from that state to give oral evidence from within its territory. So, can you please assist and confirm if I do need to contact Canada’s Department of Justice and obtain permission or not, considering what is written on the U.K. .Gov website? If I do need to, the page relating to Canada on the HCCH website states that it does not accept correspondence from public individuals so how would I contact them?

[Pezza54]

Please read "Taking of Evidence under the Hague Convention" at www.weightmans.com
The process sounds a bit convoluted
4 Steps, 5 if translation is required

[ULA]

This is not an easy process, having been through it.

Are you the claimant or the respondent? Can you clarify your statement that you have "granted permission for this witness to attend via video" by a UK Court?

You will need to contact the Foreign Process section.
https://www.hcch.net/en/states/autho...ails3/?aid=526

Given Canada is French or English speaking you may at your own expense for a certified translation need to get relevant documents translated into French for sending to the Canadian authorities.

You will need to give adequate time for all of this in advance of any hearing you want the witness to attend.