Abstract

Abstract This article is about two recent additions to the gateways for service out of the jurisdiction in respect of trusts and fiduciary duties: ground 12C and ground 15B(b). Both gateways were designed by analogy with the existing “place of contracting” gateway (ground 6(a)(i)). Their wording and the choice of analogy raise several issues about their ambit; some are specific to these new gateways, while others are likely to affect multiple grounds for claims involving trusts and fiduciary duties. The article examines these difficulties and makes proposals for reform.

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