Jurisdiction(s):
United Kingdom

England and Wales: Service out of the jurisdiction—CPR PD 6B 3.1(16) restitution gateway, unjust enrichment, claimant acts, evidence and applicable law

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Practice notes

This Practice Note reviews jurisdictional gateway 16 concerning restitution claims, as contained in CPR PD 6B, para 3.1(16). It should be considered alongside Practice Note: Cross-border service—jurisdictional gateways (principles). The gateway was effectively repealed in October 2015 and replaced with new terms. This is relevant when consulting older authorities analysing the gateway. The former wording indicated that a restitution claim could be made where the defendant’s purported liability arose from acts within the jurisdiction.

Restitution claims—gateway 16

The current form provides that a claim for restitution is made where: (a) the defendant’s alleged liability stems from acts carried out within the jurisdiction; or (b) the enrichment is obtained within the jurisdiction; or (c) the claim is governed by the law of England and Wales.

For those handling restitution matters, meeting any single limb of gateway 16 is sufficient:

gateway 16(a)—wide in scope, as it centres on the remedy rather than distinct categories of restitution; applied in Jones v Persons Unknown (2022)
gateway 16(b)—expressly concerns unjust enrichment claims
gateway 16(c)—can be relied upon...

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Web page updated on 21/05/2026

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