Jurisdiction—determining an individual’s domicile
Jurisdiction—determining an individual’s domicile

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Jurisdiction—determining an individual’s domicile
  • What date is used to determine domicile?
  • Establishing domicile—what is the standard of proof and who has the burden of meeting that?
  • What is the definition of domicile?
  • On or before 31 December 2020—Brussels Convention
  • On or after 1 January 2021—Brussels Convention
  • On or before 31 December 2020—Lugano Convention 2007
  • On or after 1 January 2021—Lugano Convention 2007
  • On or before 31 December 2020—Brussels I (recast)
  • On or after 1 January 2021—Brussels I (recast)
  • More...

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction.

This Practice Note considers the English law (in terms of both UK legislation and relevant common law) relevant to determining the domicile of an individual who is a party to proceedings. It looks at what date is used to determine domicile, as well as the standard and burden of proof when establishing domicile. The Practice Note then considers the definitions of domicile and the authorities that consider the meaning of the key terms being ‘residence’ and ‘substantial connection’, as well as the presumption of a substantial connection as a consequence of three months residency.

What date is used to determine domicile?

The relevant date used to consider an individual's domicile is the date of issue (rather than the date of service) of the claim form as set out by the House of Lords in 2000 in Canada Trust Co v Stolzenberg (No 2). The issue date has been applied as the relevant date in subsequent judgments, such as  Cherney v Deripaska, Yugraneft v Abramovich and JSC BTA Bank v Ablyazov.

It is important to be aware that older cases, dealing with the issue of domicile provide no assistance as they applied a different test,

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