Habitual residence definition

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Domicile and habitual residence

This Practice Note deals with the determination, and different types, of domicile, including domicile of origin, choice, and dependence, in the context of family proceedings, and provides guidance on how the court will determine domicile and its impact on proceedings. It further details the determination of habitual residence, including that of a child, and relevant case law. The implications of Brexit, including transitional provisions, are also considered.11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Family proceedings with EU connections—toolkit.There are significant differences between domicile and habitual residence—habitual residence is generally a question of fact, whereas domicile is a legal concept. There are also differences in the courts'...

Jurisdiction in cases with EU connections issued before IP completion day

This Practice Note sets out the application and scope of Brussels I and Brussels II bis in relation to jurisdiction in family proceedings within the EU and the determination of which Member State has jurisdiction. It also provides guidance on the EU Maintenance Regulation and its interaction with other provisions. The implications of Brexit, including transitional provisions, are also considered.11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period following the UK’s withdrawal from the EU. At this point (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Family proceedings with EU connections—toolkit.For guidance on cases involving connections with Denmark, non-EU countries and cases with UK-EU connections instituted after IP completion day, see Practice Note: Jurisdiction in overseas cases including cases with UK-EU connections issued after IP completion day.Impact of...

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Is it unfair for a company based in England selling goods or services to a consumer in Scotland to make the parties' contract subject to the Law of England and Wales?

Is it unfair for a company based in England selling goods or services to a consumer in Scotland to make the parties' contract subject to the Law of England and Wales? This answer focuses only on the issue of governing law (not jurisdiction) in respect of contractual claims and has been prepared from the perspective of a contract made on the date of this Q&A on the basis that: • the consumer is a natural person who satisfies the relevant definitions of ‘consumer’ in the various legislation referred to below and took all the steps necessary on his part for the conclusion of the contract in Scotland and is deemed to have his habitual residence (as defined by applicable legislation) there • the English company is acting in the exercise of its trade or profession and pursues its commercial or professional activities to which the contract relates in Scotland or by any means directs such activities to Scotland or to several countries including Scotland • the...

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Court of Protection maintains jurisdiction over child living in India (Irwin Mitchell Trust Corporation Ltd v KS)

Private Client analysis: Irwin Mitchell Trust Corporation Ltd v KS & Orsraises important questions about the jurisdictional limits of the Court of Protection in England and Wales (EWCOP). It is the first time that the EWCOP has had to decide whether it has jurisdiction to make orders about the property and affairs of a child under 16 who is habitually resident abroad, and what happens to a deputyship when a protected party moves abroad. Written by Alice Collier, senior associate at Irwin Mitchell LLP.

Family weekly highlights—27 February 2025

This week's edition of Family weekly highlights includes Family Public Law (FPL) release notes 8 and 9 of 2025 regarding design changes to be made to the FPL HMCTS portal as to Form C110a document upload functionality and gatekeeping, guidance for the judiciary from the President of the Family Division on writing to children and details of a survey on special measures in family proceedings. Analysis of two Court of Appeal decisions on the correct approach to an application to change a child’s given name and the jurisdiction to revoke or set aside an adoption order are detailed. A new Practice Note on repayment of maintenance and power to remit arrears is also set out.