Litigation, United Kingdom updates

 
Is a 'good arguable case' good enough? Court of Appeal considers test for establishing jurisdiction
RPC
  • United Kingdom
  • 19 February 2019

A recent Court of Appeal decision has confirmed that the test for deciding whether a claimant has a good arguable case is relative. Where a court lacks the evidence to decide which party has the better argument, a more flexible approach should be adopted. In circumstances where the evidence is thin, it is not all relative and claimants are required only to demonstrate a plausible evidential basis that the gateway exists.

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