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Casdagli v Casdagli: HL 28 Oct 1918

The appellant pleaded as a bar to divorce proceedings before the English Courts that he had acquired an Egyptian domicile of choice. The Courts below decided it was impossible for a British subject to acquire an Egyptian domicile.
Held that a British subject may acquire an Egyptian domicile, and the appellant had in fact done so; therefore the English Courts had no jurisdiction to dissolve the appellant’s marriage.
Re Tootal’s Trusts, 23 Ch. D. 532, and dicta of Lord Watson in Abd-ul-Messih v. Farra, 13 A.C. 431, overruled.

Judges:

Lord Chancellor (Finlay), Viscount Haldane, Lords Dunedin Atkinson, and Phillimore

Citations:

[1918] UKHL 411, 56 SLR 411

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 18 June 2022; Ref: scu.631483

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