Cross-border disclosure obligations

If you are involved in Court proceedings in England, but hold relevant documents in France (whether or not you are French) or anywhere else (if you are French), there is a real risk that you will be faced with the dilemma of complying with an English order for disclosure (or face contempt proceedings) or committing a criminal offence under a French statute which appears to prohibit compliance with that order. What should you do? Regrettably, the recent decision of the English Court of Appeal in Servier confirms the problem, but offers no real solution.

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