The New Approach To The Tort Service Out Gateway In Practice

Abu Dhabi Commercial Bank PJSC v Shetty & Ors [2022] EWHC 529 (Comm) (ADCB v Shetty) shows the High Court applying the approach to the tort gateways for permission to serve out under Practice Direction 6B (Service out of the jurisdiction) (PD6B) that was recently clarified in FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45 (Brownlie). There is room for differing views as to whether ADCB v Shetty reflects well on the approach taken in Brownlie.

Background

ADCB v Shetty arises out of a major alleged fraud involving NMC Health (NMC). Whilst NMC was quoted on the London Stock Exchange (LSE), its business was mainly in the UAE. ADCB loaned significant funds to UAE-based NMC subsidiaries and alleged that it had been induced to lend by the false financial statements of the UK-listed parent. ADCB commenced proceedings in London and sought permission to serve the claim out of the jurisdiction against a number of individual defendants whom ADCB alleged had been