Good arguable case to found jurisdiction in England and Wales: CPR PD 6B gateways, Brownlie/Goldman Sachs three‑limb test, Kaefer guidance, evidential standards and application at service out challenges
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This Practice Note considers the requirement for a ‘good arguable case’ which must be met to establish that the English courts have jurisdiction to determine a dispute.
To satisfy the good arguable case threshold, a claimant must show that the claim falls within at least one of the jurisdictional gateways in CPR PD 6B, para 3.1. This threshold is engaged only where permission to serve proceedings out of the jurisdiction is sought (or has been granted and the defendant then contests the court’s jurisdiction). It does not apply where permission is unnecessary, for instance under CPR 6.32 and CPR 6.33, or via the parallel service route in the Companies Act 2006, as confirmed in Titan Wealth Services Ltd v Tavistock Investments PLC (2025). Although aspects of that decision were successfully appealed, the jurisdiction findings were left undisturbed. For a summary of the overarching principles governing the gateways, see Practice Note: Cross-border service—jurisdictional gateways (principles), which also directs readers to more detailed materials on particular gateways.
- the development of the ‘good arguable case’ test, see Practice Note: Cross-border—development of the ‘good arguable case’ test
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Web page updated on 21/05/2026
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