The High Court has the Answer in Campeau v Gottex [2025]
Executive Summary
The High Court has recently handed down a further interesting
decision in relation to the "service out" jurisdictional
gateways in CPR 6.33(2B).
In Campeau v Gottex Real Estate Fund I (OE) Waste S.À
R.L [2025]1, the Court held that the Claimant, Mr
Campeau, had a "good arguable case" that his claim fell
within the scope of the exclusive jurisdiction clause in the Sale
and Purchase Agreement even if he was not actually a party to that
agreement.
The Claimant was therefore entitled to serve the Claim Form out
of the jurisdiction without the Court's permission on the basis
that he could rely (at a minimum) on CPR 6.33(2B)(b) and,
potentially, also on (a) and (c). Accordingly, the Court dismissed
the Defendant's jurisdictional challenge on this basis.
