Ashley Pratt and Philippe Kuhn assess the introduction of gateway (25) in combatting international fraud and asset tracing claims

To great acclaim, very substantial revisions of the gateways for service out of the jurisdiction under Practice Direction 6B, paragraph 3.1 entered into force on 1 October 2022. These include new gateways concerning branch, agency or establishment arrangements (gateway 1A), claims for unlawfully causing or assisting in a breach of contract, fiduciary duty or trust (gateways 8A, 15A and 15C) and contempt of court applications (gateway 24).

While we join the chorus of practitioners who have welcomed this reform, we consider the advent of this new gateway and others introduced in the current round of amendments, forms part of a wider shift in jurisdiction disputes.

We start with the wording of gateway (25), which provides as fol...

Ashley Pratt
39 essex Chambers

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