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
  • Impact of Brexit
  • Brussels I (recast)
  • Lugano Convention 2007
  • Brussels Convention
  • 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?
  • How is ‘residence’ assessed?
  • Does the residence need to be the defendant’s main residence?
  • More...

Jurisdiction—determining an individual’s domicile

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.

Impact of Brexit

The UK’s departure from the EU has a substantial impact on determining the domicile of an individual in proceedings in certain cases. These are cases in which, prior to IP completion day, ie 31 December 2020 at 11 pm, the issue of domicile would have been determined under the jurisdiction provisions in the Brussels Convention, the Lugano Convention 2007 or Regulation (EU) 1215/2012, Brussels I (recast). This is because determination of the domicile of a defendant in the UK was determined under the provisions in either the Civil Jurisdiction and Judgments Act 1982 (the conventions) or the Civil Jurisdiction and Judgments Order 2001 (CJJO 2001), SI 2001/3929, (the regulation). The relevant provisions for the conventions and the regulation were all omitted from the act or the

Related documents:

Popular documents