Details in a press release show that In UK court cases and tribunals, you may need to use a video link if you’re abroad. You may be: taking a complaint to a UK court or tribunal, sometimes known as making an appeal submitting evidence in a case or hearing that you or someone else has taken to the court or tribunal Getting permission to give video evidence from abroad Before you can give evidence from abroad via video in a UK court case or tribunal, you need to make sure that it is permitted. You need permission both in the UK and in the country where you intend to give evidence from. You’ll need to: inform the court or tribunal, sometimes through a solicitor or barrister check the guidance for the country you want to give evidence from – there is advice on where to find that in this guide You may need to get advice from the: Foreign, Commonwealth & Development Office (FCDO) – but not for criminal court cases Royal Courts of Justice – for some civil or commercial court cases Home Office – for criminal court cases The FCDO: manages the agreements UK tribunals, civil and commercial courts have with other countries can give advice and information on those agreements cannot decide whether video evidence can be given from another country – that is a decision for the tribunal or court and, where relevant, the authorities abroad Criminal court cases Read Home Office guidance on mutual legal assistance for advice on giving video evidence from abroad in criminal court cases. The FCDO does not handle queries or give advice on evidence from abroad in criminal court cases. Civil and commercial court cases Giving and taking evidence from other countries during civil and commercial court proceedings or hearings depends on whether the country has signed up to The Hague Convention. Hague Convention countries If the country from where you want to give evidence is one of the members of the Hague Convention, you should read the practical information issued by each country for guidance. All other countries If the country from where you want to give evidence is not a Hague Convention country, you should contact the Foreign Process Section in the Royal Courts of Justice. Foreign Process Section Email: foreignprocess.rcj@justice.gov.uk Telephone: 020 3936 8957 (select option 7 for Foreign Process Section) Tribunals To find out whether you can give evidence from abroad to a UK tribunal, you should: Go to our list of rules by country for tribunals Contact the FCDO Taking of Evidence team: toe.enquiries@fcdo.gov.uk If the country is not listed in our ‘rules by country’ guidance, the team can contact the authorities abroad for you. Contacting tribunals Find contact details for a tribunal . Find contact details for some types of tribunals on their GOV.UK pages: Specialist tribunals Gender Recognition Panel Gangmaster Licensing Appeals Pathogens Access Appeal Commission Proscribed Organisations Appeal Commission Reserve Forces Appeal Tribunal Special Immigration Appeals Commission First-tier Tribunal Asylum Support Care Standards Criminal Injuries Compensation General Regulatory Chamber Immigration and Asylum Chamber Mental Health Primary Health Lists Social Security and Child Support Special Educational Needs and Disability Tax Chamber War Pensions and Armed Forces Compensation Upper Tribunal The Upper Tribunal hears appeals against decisions of the First-tier Tribunal. Administrative Appeals Chamber Immigration and Asylum Chamber Tax and Chancery Chamber Civil and commercial tribunals First-tier Tribunal (Property Chamber) Upper Tribunal (Lands Chamber) Employment Tribunal Employment Appeal Tribunal
Background
The statement does not mention a timeline for updates to the guidance. It references existing agreements managed by the FCDO, including those with other countries’ tribunals, civil and commercial courts, and details processes for contacting the Foreign Process Section at the Royal Courts of Justice. The document outlines a two-tiered system: Hague Convention countries, which follow specific guidance issued by each nation, and non-Hague Convention countries, requiring contact with the Foreign Process Section. This structure relies on existing bilateral agreements, a key element of international legal cooperation.
Analysis
The stated purpose—facilitating video evidence from abroad—is predicated on mutual recognition of legal processes. The document’s compartmentalization – distinguishing between civil/commercial and criminal proceedings – suggests differing levels of scrutiny and complexity. The FCDO’s role is primarily advisory, managing agreements but not making decisions about admissibility. Crucially, the guidance explicitly excludes the FCDO from handling queries or advice in criminal court cases, directing all such inquiries to the Home Office and its mutual legal assistance protocols. This separation highlights a potential strategic divergence: the Ministry seeks to streamline cross-border evidence gathering while simultaneously preserving established channels for criminal justice cooperation. The reliance on bilateral agreements introduces inherent variability; successful implementation hinges on the willingness of foreign jurisdictions to participate.
Implications
The expanded rules have implications for both UK courts and those involved in providing evidence from abroad. For UK courts, it represents a potential expansion of their jurisdictional reach, enabling them to consider evidence from countries previously excluded due to lack of formal agreements. However, this also increases the administrative burden—requiring each case to navigate complex agreement networks. The document’s emphasis on the Hague Convention underscores the importance of international legal harmonization and raises questions about the UK’s future engagement with these agreements post-Brexit. Should the visit yield a strengthened commitment to Hague Convention membership, it could unlock significantly increased access to evidence.
Outlook
If the FCDO continues to manage agreements as described, the system will remain reliant on bilateral negotiations, potentially creating delays and inconsistencies. Should the number of countries participating in the Hague Convention increase, the overall efficiency of evidence gathering may improve. However, should the FCDO’s capacity be constrained by resource limitations, the Foreign Process Section’s responsiveness could become a bottleneck, hindering cross-border legal proceedings.
Conclusion
The guidance establishes a framework for accessing international judicial processes through video evidence, but it does not fully address the fundamental need for reciprocal recognition and mutual trust within the global legal system. The statement does not offer insight into how the UK intends to foster such trust in an increasingly complex geopolitical landscape.
