The clamants brought actions for damages for torts said to have been committed by the defendants in Russia. They said that the defendant was domiciled within the jurisdiction under the EU Regulation.
Held: Domicile for the issue of jurisdiction is now governed by the 1982 Act. It would not be realistic to describe the defendant as residing here in the sense of having a settled or usual place of abode.
Judges:
Eady J
Citations:
[2006] EWHC 3276 (QB), [2007] EMLR 449
Links:
Statutes:
Council Regulation (EC) 44/2001, Civil Jurisdiction and Judgments Act 1982 41
Citing:
Cited – Inland Revenue v Cadwalader 1904
An American citizen, with his ordinary residence and indeed practising the law in New York, took a three-year lease of a furnished shooting lodge in Scotland. He resided at the shooting lodge for a period of two months in each year during the . .
Cited – Foote Cone and Belding Reklim Hizmetleri v Theron 2006
The Defendant was the sole owner of a property in Kingston, but denied that he was domiciled in the UK.
Held: Residence was established. The house was one of his real residences at the relevant time. He apparently came to England regularly, . .
Cited – Inland Revenue Commissioners v Lysaght HL 1928
The taxpayer, who was living in Ireland would come regularly to England for a total of less than three months a year, and would spend a week or so in a hotel for the purpose of board meetings. The House considered the meaning of the requirement of . .
Cited – Dubai Bank Ltd v Abbas and Another CA 17-Jul-1996
The defendant sought to set aside service of a claim outside the jurisdiction, saying that no good and arguable case had been made out that he was domiciled in the UK. The bank said that he owned a house in London.
Held: Although domicile is . .
Cited – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Cited – Owusu v Jackson ECJ 1-Mar-2005
ECJ Brussels Convention – Territorial scope of the Brussels Convention – Article 2 – Jurisdiction – Accident which occurred in a non – Contracting State – Personal injury – Action brought in a Contracting State . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 09 September 2022; Ref: scu.279538