EU ruling goes against ministers on pregnant benefit claimant – The Guardian

Posted June 20th, 2014 in benefits, domicile, EC law, news, pregnancy, references to European Court by tracey

‘A pregnant French woman, who was denied benefits in the UK because she was not considered to be “a worker”, had been entitled to the payments, the European Court of Justice has ruled. Jessy Saint Prix gave up work as a teaching assistant and was denied income support. Non-UK residents are not entitled to the benefit – unless they have acquired the status of worker in EU law. The case now returns to the Supreme Court for a final ruling.’

Full story

The Guardian, 19th June 2014


AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted May 6th, 2014 in contracts, domicile, EC law, jurisdiction, law firms, law reports, regulations by tracey

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014


Changes in the law on Habitual Residence – No. 5 Chambers

Posted April 8th, 2014 in children, domicile, news, residence orders, Supreme Court by sally

‘Over the last 12 months there have been substantial developments in the law on habitual residence following judgments handed down from the Supreme Court, most notably in the cases of Re A (Children: Habitual Residence) [2013] UKSC 60, and the recent decision of LC (children) [2014] UKSC 1, handed down in early January. This article will focus on the changes brought about by these two decisions.’

Full story

No. 5 Chambers, 25th March 2014


The child’s voice – New Law Journal

Posted March 28th, 2014 in child abduction, children, domicile, news by sally

‘Kirstie Gibson considers the approach taken by the court to determine the habitual residence of a child.’

Full story

New Law Journal, 28th March 2014


Habitual Residence – Habitual Problems – Family Law Week

Posted March 26th, 2014 in appeals, divorce, domicile, EC law, families, interpretation, news by sally

‘Joshua Viney, pupil at 1 Hare Court, considers the implications of the Court of Appeal judgment in Tan v Choy and the ongoing debate concerning the fifth indent of Article 3 of Brussels IIR.’

Full story

Family Law Week, 26th March 2014


Occasional visits to the UK did not stop an individual being non-resident, said judge –

Posted November 28th, 2013 in domicile, housing, news, taxation, tribunals by tracey

‘An individual who periodically visited the UK was not UK resident as he had substantially loosened his family ties in the UK, according to the First Tier Tax Tribunal.’

Full story, 27th November 2013


93-year-old former serviceman loses ruling on expats voting in UK elections – The Independent

Posted May 8th, 2013 in domicile, elections, human rights, news, time limits by sally

“A 93-year-old former British serviceman vowed to spend the rest of his life, if necessary, fighting for the right to vote after Strasbourg judges rejected his case.”

Full story

The Independent, 7th May 2013


Ordinary residence and local authority and NHS services – Hardwicke Chambers

Posted January 28th, 2013 in domicile, health, local government, news by sally

“There are two questions about residence:

1. Ordinary residence: Which public body is responsible for providing services?
2. Right of residence: Does the person’s residence and status in the UK give them a legal right to access public services?”

Full story

Hardwicke Chambers, 24th January 2013


Anglo American: a right to sue in the UK as well as in South Africa? – UK Human Rights Blog

Posted July 17th, 2012 in asbestos, company law, domicile, news, subsidiary companies by sally

“Back to the problem of when and where you can sue various members of a group of companies. In the Cape case (for which see my post), a parent company was held liable for failing to ensure that its subsidiary properly managed the risks posed by asbestos. In this case of Vava, the claimants wanted to sue a South African registered holding company (AASA) in the UK, on the basis that the real decisions were taken in the UK, and hence AASA were domiciled in the UK for purposes of suing them.”

Full story

UK Human Rights Blog, 16th June 2012


Reeves (Listing Officer) v Northrop – WLR Daily

Posted March 8th, 2012 in council tax, domicile, law reports, rates, ships by sally

Reeves (Listing Officer) v Northrop [2012] EWHC 415 (Admin); [2012] WLR (D) 61

“In determining whether a property was a rateable hereditament within section 115(1) of the General Rate Act 1967, duration of occupation would always be an important factor when deciding whether or not occupation was not too transient, but it would not necessarily be the only relevant factor.”

WLR Daily, 6th March 2012


The Prosperous UK Emigrant: how clear are the residence/non-residence rules now? – New Square Chambers

Posted February 15th, 2012 in domicile, immigration, news by sally

“In advising the emigrant, the emphasis should be on his actual and substantive acts and way of
life. Too often, the issues addressed, in considering the conditions or circumstances required for residence in the United Kingdom, or the loss of it, and non residence, are tied to patent technicalities (i.e. whether the emigrant maintains subscription to a club or counts the days of absence to a threshold number(i.e. 90 days p.a.). What, in fact, really matters is the substance and pattern of life. In this assessment, the approach of the Court, in cases past to the most recent is the best guide. In this lecture I look at that and tie it to the government’s proposals for reform and the imposition of a statutory test or tests for determining residence, by individuals, or their non-residence in the United Kingdom.”

Full story (PDF)

New Square Chambers, February 2012


Government consults on reforms to the taxation of non-domiciled individuals and a statutory definition of tax residence – HM Treasury

Posted June 17th, 2011 in consultations, domicile, taxation by sally

“The Government is today publishing a consultation on its plans to reform the taxation of non-domiciled individuals (‘non-domiciles’). It wants to ensure that non-domiciles make a fair tax contribution, as well as encourage them to invest in the UK and simplify the current tax rules for them.”

Full story

HM Treasury, 17th June 2011


Couple await supreme court decision over sale of house they shared – The Guardian

Posted May 5th, 2011 in cohabitation, domicile, news, Supreme Court by sally

“A bungalow in Essex is at the heart of a test case over how unmarried partners who split up should divide their property.”

Full story

The Guardian, 4th May 2011


Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Posted March 21st, 2011 in domicile, EC law, law reports, pensions, social security by sally

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) [2011] UKSC 11; [2011] WLR (D) 91

“The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United Kingdom against benefit or social tourism by those who were not economically or socially integrated with the country.”

WLR Daily, 16th March 2011


Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Borger v Tiroler Gebietskrankenkasse – WLR Daily

Posted March 17th, 2011 in benefits, domicile, EC law, employment, law reports, maternity leave by sally

Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89

“The status of an ’employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”

WLR Daily, 10th March 2011


Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Tilianu) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, domicile, EC law, law reports, self-employment by sally

R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320

” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside.”

WLR Daily, 9th December 2010


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court backs boy who rejected father – The Independent

Posted August 12th, 2010 in children, contact orders, domicile, news by sally

“A schoolboy who was told by a judge that he must live with the father he claimed to hate yesterday succeeded in forcing the High Court to reverse its decision.”

Full story

The Independent, 12th August 2010


Revenue and Customs Commissioners v Smallwood and another – WLR Daily

Posted July 12th, 2010 in appeals, capital gains tax, domicile, double taxation, law reports by sally

Revenue and Customs Commissioners v Smallwood and another [2010] EWCA Civ 778; [2010] WLR (D) 177

“In assessing tax liability in a capital gains case raising potential double taxation relief, care was required in construing ‘residence’.”

WLR Daily, 9th July 2010


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jones v Kernott – WLR Daily

Posted May 28th, 2010 in appeals, cohabitation, domicile, law reports by sally

Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 136

“Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. The passage of time was insufficient to do so even if in the meantime the defendant had acquired alternative accommodation and the claimant had paid all the outgoings.”

WLR Daily, 27th May 2010


Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cohabiting couples share property rights – The Independent

Posted May 27th, 2010 in appeals, cohabitation, domicile, news by sally

“Unmarried couples who buy homes together could be entitled to an equal share of the property if they split up even if only one party has paid the mortgage and maintained the home, the appeal court ruled yesterday.”

Full story

The Independent, 27th May 2010