header-logo header-logo

Post Brownlie: Is it time to amend the tort gateway?

04 March 2022 / Andrew Barns-Graham
Issue: 7969 / Categories: Features , Personal injury , Jurisdiction
printer mail-detail
73854
Andrew Barns-Graham offers some reflections on the jurisdictional gateway, in light of Brownlie
  • Looks at FS Cairo (Nile Plaza) LLC v Brownlie (as dependant and executrix of Sir Ian Brownlie CBE QC).
  • Discusses narrow and broad interpretation of ‘damage’.
  • Asserts both interpretations are flawed, and suggests amending the ‘gateway’.

Under the English common law, a claimant seeking the court’s permission to serve proceedings out of the jurisdiction must demonstrate a serious issue to be tried, a good arguable case that each claim satisfies a jurisdictional gateway in Practice Direction 6B, and that England is the forum conveniens and the court should exercise its discretion to permit service.

Each part of this test serves a distinct purpose. The merits threshold protects foreign defendants from being dragged to England to defend unmeritorious claims. The gateways prevent the English courts from hearing disputes lacking any substantial connection to this jurisdiction. The forum conveniens assessment occurs because, even where such a connection does exist, this does not necessarily

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll