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The purpose of the gateways for service out of the jurisdiction
Journal article   Open access   Peer reviewed

The purpose of the gateways for service out of the jurisdiction

Maria Hook
International & Comparative Law Quarterly
12/11/2024
Handle:
https://hdl.handle.net/10523/43389

Abstract

private international law service-out jurisdiction gateways common-law jurisdictions 'letter and spirit' principle presumption of meaningful connection
This article argues that the purpose of the English gateways for service out of the jurisdiction is to identify a presumptive meaningful connection; that courts have used different mechanisms to rebut the presumption of a meaningful connection established by the gateways; and that there are lessons to be learnt from a clearer, more explicit understanding of this presumptive purpose of the gateways. The article uses Brownlie (I and II) and Fong v Ascentic Ltd to support and illustrate these arguments.
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Published (Version of record)CC BY V4.0 Open Access
url
https://doi.org/10.1017/S0020589324000277View
Published (Version of record) Open

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