Jurisdiction(s):
United Kingdom

Cross-border service: the 'good arguable case' jurisdiction test in England and Wales, from Vitkovice and Canada Trust to Brownlie, Goldman Sachs and Kaefer

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note outlines how the ‘good arguable case’ threshold has developed as the gateway for the courts of England and Wales to assume jurisdiction over a claim. In the authorities, the standard has been variously described as:

‘good arguable case’
‘the better argument’
‘the much the better argument’

Courts have also applied glosses, provided explanations, and proposed reformulations of the original test. The evidential approach has been unsettled, with references to the need for material that is:

‘reliable’
‘clear and precise’
‘plausible’
‘sufficient’
of ‘real substance’

For guidance on the requirement and how to satisfy it, see Practice Note: Cross-border service—‘good arguable case’ requirement.

Origins of the ‘good arguable case’ requirement

The leading modern authority on the meaning of ‘a good arguable case’ is the House of Lords decision in Vitkovice Horni a Hutni Tezirstvo v Korner (1951), which was endorsed by the House of Lords in Seaconsar Far East Ltd v Bank Markazi Jomhouri...

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Web page updated on 21/05/2026

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