Serving outside the jurisdiction with court permission—jurisdictional gateways
Serving outside the jurisdiction with court permission—jurisdictional gateways

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

  • Serving outside the jurisdiction with court permission—jurisdictional gateways
  • Date on which a jurisdictional gateway must be satisfied
  • How is a jurisdictional gateway satisfied?
  • Which rule sets out the jurisdictional gateways?
  • Types of jurisdictional gateways
  • Which gateway applies?
  • General ground: domicile—gateway 1
  • General ground: injunction—gateway 2
  • General ground: real issues/necessary and proper parties—gateway 3
  • General ground: additional claims—gateway 4
  • more

This Practice Note should be read in conjunction with Practice Note: Serving outside the jurisdiction with court permission—when is permission required?, which sets out the three main requirements a claimant will need to meet for the court to exercise its discretion to grant permission to serve out of the jurisdiction. The second requirement which involves jurisdictional gateways is the subject of this Practice Note.

Date on which a jurisdictional gateway must be satisfied

This was considered by the Supreme Court in Goldman Sachs International v Novo Banco, where it was held that the date for the assessment of whether a claim falls within one of the jurisdictional gateways was the date on which the proceedings were commenced. This test has subsequently been applied by the Court of Appeal in Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV.

How is a jurisdictional gateway satisfied?

Requirement for a good arguable case

The claimant must establish that the claim against the defendant falls into one of the jurisdictional gateways. For guidance on what constitutes a good arguable case, see Practice Note: English court jurisdiction—requirements—Good arguable case ('Canada Trust Gloss') (second requirement).

The pleaded cause of action must satisfy the gateway

This was considered by the Court of Appeal in 2018 in Jaber v Ibrahim. The Court of Appeal confirmed