On 1 November 2023, SCTS indicated that it would be helpful if parties who wish to lead oral evidence from witnesses located outside of the UK in tribunal proceedings could contact the tribunal to make staff aware of their intention to lead such evidence.
It further asked parties to confirm whether the proposed witness is a citizen or a resident in that country or not, so that the tribunal is made aware of the reason why the party requests that oral evidence is given from that country.
This request is being made of parties appearing in The First-Tier Tribunal for Scotland, Upper Tribunal for Scotland, The Mental Health Tribunal for Scotland, The Pensions Appeals Tribunal and The Lands Tribunal for Scotland.
For the avoidance of doubt, this change will not affect procedures in the Sheriff Court or Court of Session.
There is currently no requirement in Scots law that parties appearing in the Scottish Courts must seek the approval from the country where a witness is based via the FCDO before leading oral evidence from a witness located overseas. It is a matter for the court’s discretion whether a party or other witness can give oral evidence while located overseas.