Domicile - Shulman V Kolomoisky

Author:Clyde & Co LLP
Profession:Clyde & Co
 
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Case Alert - [2018] EWHC 160 (Ch)

Judge considers whether defendant was domiciled in England when he was served with a claim form

A claim form was served on the defendant in London in May 2017. The claim had no connection with England and so the only basis on which the English court was said to have jurisdiction was that the defendant was domiciled here.

This case therefore involved an investigation by the judge as to whether the defendant was domiciled here or in Switzerland at the time of service. It was common ground that the defendant had intended to leave England and move to Switzerland: the issue was whether that had been achieved by the date of service.

The judge noted that, under English law, a person is domiciled in the UK if he is resident here and the nature and circumstances of residence indicate that he has a substantial connection with the UK (which is presumed to be fulfilled if he has been resident here for the last 3 months or more). After reviewing prior caselaw, the judge noted that for residence to cease, there has to be a distinct break, in the sense of an alteration...

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