Amendments to the Jurisdictional Service Gateways
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- Amendments to the jurisdictional gateways for permission to serve out of the jurisdiction of England and Wales in Practice Direction 6B come into force on 1 October 2022.
- The amendments provide helpful clarification and, in some cases, expand the gateways, for example with respect to information orders against non-parties and claims arising out of closely connected facts. The amendments also provide for new gateways, such as those with respect to declarations of non-liability, and extend the gateways for tort, contract, breach of trust and breach of fiduciary duty claims, amongst others.
- We do not expect there to be a marked increase of claims brought in England and Wales as a result of the amendments, as claimants must still satisfy the courts that the underlying claims have reasonable prospects of success, and that England and Wales is the appropriate jurisdiction in which to try the matters.