In a Case Note recently published in the Law Quarterly Review, Josh Folkard discusses the Supreme Court decision in Brownlie v Four Seasons [2018] 2 All ER 91. The case concerned the common law rules of jurisdiction, and in particular (i) the proper approach to the ‘good arguable case’ requirement relating to the ‘gateways’ for service out (and the so-called Canada Trust gloss); (ii) whether consequential loss satisfies the ‘tort gateway’ in PD6B, para. 3.1(9); and (iii) the status and effect of Lord Sumption’s comments in Abela v Baadarani [2013] 1 WLR 2043.
A copy of the Note, which was co-authored with Ian Bergson, is available here.
The Note was first published by Sweet & Maxwell in Ian Bergson and Joshua Folkard, ‘Case Comment: Service Out in the Supreme Court’, (2018) 134 L.Q.R. July 344–350 and is reproduced by agreement with the Publishers.
