THE PURPOSE OF THE GATEWAYS FOR SERVICE OUT OF THE JURISDICTION

Abstract 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.