Changes to gateways for permission to serve out of the jurisdiction (October 2015) [Archived]
Changes to gateways for permission to serve out of the jurisdiction (October 2015) [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Changes to gateways for permission to serve out of the jurisdiction (October 2015) [Archived]
  • New: gateway (5)—same or closely connected facts
  • Expansion: gateway (9)—tort claims
  • Expansion: gateway (11)—claims about property within the jurisdiction
  • Expansion: gateway (13)—administration of a person's estate
  • Expansion: gateway (15)—constructive trusts
  • New: gateway (16)—restitution claims
  • New: gateway (21)—claims for breach of confidence or misuse of private information

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note provides information on the changes to the service gateways for permission to serve out of the jurisdiction (CPR PD 6B, para 3.1) which came into force on 1 October 2015 (as set out in the 81st Update PD Making Document). Practitioners dealing with service out of the jurisdiction will be well aware of the need to comply with the requirement that the claim falls within one of the service gateways set out in CPR PD 6B, para 3.1 when the court's permission is required to serve out. For guidance on all the service gateways, see Practice Note: Serving outside the jurisdiction with court permission—jurisdictional gateways.

Difficulties had been encountered with some of the service gateways while in other cases there is no gateway to deal with the type of claim being brought. To address this, the Mance Committee, or the Lord Chancellor’s Advisory Committee on Private International Law to give it, its official title, made a number of proposals in relation to the service gateways:

  1. 6 April 2015—two of the proposals dealing with trust claims came into force. They were brought into effect through two new gateways CPR PD 6B, para 3.1 (Gateway 12) and CPR PD 6B, para 3.1 (Gateway 12A).

  2. 1 October 2015—the other proposals