Orders for disclosure contrary to foreign law

Disclosure is matter of the law of the forum. However, where the effect of an order for the disclosure of certain documents will be to place a foreign party in breach of its home law, this can place the English court in an interesting and difficult position. The relevant principles were well summarised earlier this week in a “cut-out-and-keep” passage by the Court of Appeal in Bank Mellat v HM Treasury [2019] EWCA Civ 449. Continue reading “Orders for disclosure contrary to foreign law”