Serving outside the jurisdiction with court permission—jurisdictional gateways

The following Dispute Resolution practice 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?
  • Requirement for a good arguable case
  • The pleaded cause of action must satisfy the gateway
  • Debt and interest claims
  • Which rule sets out the jurisdictional gateways?
  • Types of jurisdictional gateways
  • Which gateway applies?
  • Requirement is to satisfy one jurisdictional gateway
  • More...

This Practice Note considers the jurisdictional service gateways or grounds for service set out in CPR PD 6B, para 3.1. The Practice Note reviews the different gateways and provides information on their application in practice, in some cases, through a question and answer format.

This Practice Note should be read in conjunction with Practice Note: English court jurisdiction—requirements, 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.

To track changes to CPR PD 6B, para 3.1, see: Tracker—changes to CPR 6 and practice direction 6B.

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

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