Cobb J yesterday considered the issue of evidence about protective measures in an EU case. The Applicant wanted to get info from Central authority and the Respondent wanted info also from lawyer. Cobb J thought the new FPR 25 and PD applied as evidence of law and its application was probably expert evidence. He eventually ordered that the CA evidence be filed (without determining whether that was expert evidence) but would not give permission to rely on a Lithuanian lawyer at that stage and observed that an application could be made pursuant to FPR 25 once the Central Authority evidence was in .
Interestingly there is still no CJEU decision on what 'adequate protective measures' means nor is there a definitive English decision although of course the UKSC said that protective measures need to be effective to ameliorate the Art 13b risk identified.
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