The case of ACL Netherlands B.V. (as successor to Autonomy Corporation Limited) and others v Dr Michael Lynch and Sushovan Hussain, in which this firm acted for the Claimants (referred to here as "HPE" for ease), has attracted much media attention. The trial took place over 10 months before Mr Justice Hildyard in the period March 2019 to January 2020. As at the date of this article, judgment has yet to be handed down.
An interesting – but lesser known – aspect of the case was addressed shortly before the trial began. This concerned the refusal of one of HPE's witnesses (the "Witness"), who was resident in California, to give oral evidence at the trial. This article explains how HPE was ultimately able to compel the Witness to give evidence, by video-link, using section 1782 of Title 28 of the United States Code ("s.1782").