- 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 make England the place where the dispute can most
