The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
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.
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.
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).
This was considered by the Court of Appeal in 2018 in Jaber v Ibrahim. The Court of Appeal confirmed
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234