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Globe trotter

Procedures in other jurisdictions can open up new opportunities for practitioners, says David Greene

21 March 2011

This series concentrates on civil procedure in this jurisdiction but we should not dismiss the possibility that procedure in other jurisdictions may be used in aid of a claim.

For many claimants, contingency fees, lack of adverse costs orders and substantial damages make the US, at least on paper, attractive. Over the past ten years there has been a growth in European claimants joining US class actions, particularly in relation to securities fraud. The recent US Supreme Court decision in Morrison v National Bank of Australia, however, closed the door to many such actions. Morrison represents the direct route into the US as a plaintiff, but it is not the only route to call upon the US jurisdiction and its apparent attractions.

If a party to proceedings (including arbitration) here seeks evidence in the US they can seek the assistance of the US court, particularly in relation to discovery and oral testimony; a much wider discovery process than would be available in this j...

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