Prince Andrew ' Obtaining Evidence Abroad

• Published date: 03 February 2022
• Subject Matter: Litigation, Mediation & Arbitration, Disclosure & Electronic Discovery & Privilege, Trials & Appeals & Compensation
• Law Firm: W Legal
• Author: Mr Steven Loble

Some more interesting legal issues arise in relation to the claims made by Virginia Giuffre against the Duke of York.

I do not propose to examine the merits or otherwise of the claim, but will confine myself to legal issues relating to procedure.

The media reports that Virginia Giuffre is seeking to take evidence in England from Prince Andrew's former equerry, who, her lawyers say, has knowledge of Prince Andrew's relationship with Jeffrey Epstein, as well as someone who reportedly saw Prince Andrew with Virginia Giuffre in a nightclub in London. The evidence requested seems to be relevant and the proposed witnesses of fact should be able to provide testimony relevant to the issues in the case. Clearly the former equerry and other members or former members of staff and Prince Andrew's entourage should be able to furnish background as to his relationship with Epstein and the dates when he was with Epstein (and therefore potentially Ms Giuffre).

On the other hand, the Defendant, Prince Andrew, is apparently seeking to take evidence from Ms Giuffre's husband and therapist in Australia. Apart from potential issues of privilege whereby a spouse or therapist may not be legally compellable to give evidence in relation to a spouse or patient, the request may well fall foul of the...