On 1 October 2022, the Civil Procedure Rules (CPR) were amended to include an additional limb to the tort gateway within PD6B [3.1(9)].
These gateways identify relevant connections with England, and define the maximum extent of the jurisdiction which an English court is permitted to exercise. Identifying a gateway (or ground) is the first of three necessary elements required to obtain a court's permission to serve out of jurisdiction under CPR, r. 6.36 and 6.37.
Following the change on 1 October, a claim will now also pass through the tort gateway where "the claim is governed by the law of England and Wales".
However, this is by no means a seismic change, given there will not be many circumstances which will now lead to a claimant successfully establishing jurisdiction in England and Wales as a result of the broader gateway that could not have done so prior to the amendment. One example involving cross-border personal injury claims might be where English law applies as a result of common habitual residency under Article 4(2) of the Rome II Regulation, but the accident was abroad and no damage was or has been sustained in England. This might occur if a road traffic accident occurred outside of England, and the driver and injured passenger were both habitually resident in England at the time of the accident, but the injured passenger does not return home either at all or until after all injury and loss has been sustained.
Should you wish to discuss anything within this release, please do not hesitate to contact a member of the Casualty Practice's cross-border Subject Matter Group.