New Acts – legislation.gov.uk
legislation.gov.uk, 20th March 2025
Source: www.legislation.gov.uk
Category: domicile
The End of the Non-Dom Tax Status: Time Now to End Family Law Domicile Jurisdiction – Financial Remedies Journal
‘Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile tax status being abolished as announced in the budget in late October 2024, is it not time now to end domicile as a family law basis of jurisdiction? Nationality is a far more straightforward, certain and modern basis.’
Financial Remedies Journal, 11th November 2024
Source: financialremediesjournal.com
The Case for Overseas Constituencies – Oxford Human Rights Hub
‘The Elections Act 2022 received Royal Assent on 28 April 2022. Section 14, amending sections 1 and 2 of the Representation of the People Act 1985, removed the 15-year limit that had hitherto applied to electoral registration of British citizens who reside abroad. Following the commencement of the Representation of the People (Overseas Electors) (Amendment) Regulations 2023 on 16 January 2024, overseas voters were able to register to vote in July’s General Election; they did so either at the last address they were registered to vote before leaving or, for newly eligible voters, at the last address they were resident in the UK before emigrating. This post argues that the establishment of overseas constituencies in UK Parliamentary elections is a further desirable electoral reform.’
Oxford Human Rights Hub, 9th October 2024
Source: ohrh.law.ox.ac.uk
Important Development in the Marinos/Munro Saga – Financial Remedies Journal
‘A more detailed explanation of the background to this issue can be found in a blog Prof David Hodson OBE KC(Hons) MCIArb and I wrote for the FRJ earlier this year, but in considerable summary the position is as follows.’
Financial Remedies Journal, 8th July 2024
Source: financialremediesjournal.com
Proof of continuous residence in the UK – EIN Blog
‘Once you apply for a settlement (indefinite leave to remain) or for naturalisation as a British Citizen, you are asked to provide proof of continuous residence in the UK as part of the visa application process and you will need to provide evidence that shows that you have been present in the UK for a specific period of time.’
EIN Blog, 8th May 2024
Source: www.ein.org.uk
Long Residence Applications – Where Are We Now? – EIN Blog
‘For many years the long residence route was pretty straightforward. 10 years’ continuous lawful residence, good character, within absences limits – job done.’
EIN Blog, 1st May 2024
Source: www.ein.org.uk
Prince Harry loses initial attempt to appeal against security ruling – The Guardian
‘The Duke of Sussex has lost an initial attempt to appeal against a high court decision to back a reduction in his level of personal security when visiting the UK.’
The Guardian, 15th April 2024
Source: www.theguardian.com
Britons living abroad regain right to vote in UK elections as 15-year rule ends – The Guardian
‘An estimated 3 million Britons living abroad for more than 15 years will regain their right to vote in all elections in the UK from Tuesday, ending 20 years of broken promises by successive UK governments.’
The Guardian, 16th January 2024
Source: www.theguardian.com
Supreme Court to hear next week dispute over ‘ordinary residence’ and s117 aftercare services – Local Government Lawyer
‘The Supreme Court will next week (27 April) hear a high-profile case over the responsibility of local authorities for the aftercare of a service-user who had been detained under the Mental Health Act 1983.’
Local Government Lawyer, 17th April 2023
Source: www.localgovernmentlawyer.co.uk
Three million dead can be part of Mastercard action – Law Society’s Gazette
‘Around three million now-dead people can continue to be part of a mammoth group action against Mastercard after the Competition Appeal Tribunal today ruled that anyone living in the UK when the claim form was filed should be part of the class.’
Law Society's Gazette, 9th March 2022
Source: www.lawgazette.co.uk
Proprietary Estoppel and the Matrimonial Home on the Death of a Spouse – Anaghara v Anaghara & Ors [2020] EWHC 3091 – Pump Court Chambers
‘It is rare that a spouse needs to pursue a claim in proprietary estoppel to secure occupation of a matrimonial home owned by the other spouse on the latter’s death: the Inheritance (Provision for Family and Dependants) Act 1975 will usually provide a remedy. But where, as here, the deceased is not domiciled in England and Wales the 1975 Act does not apply and an interesting point arises. The trial judge had found that there had been repeated representations to the effect that the wife might live in the property for so long as she wished made over a period of more than 20 years. The wife had reasonably relied upon those representations (understandably so one might think). However, the estate argued that the wife’s long “rent-free” occupation of the property owned by her husband counted as a “countervailing benefit” which the court was obliged to weigh in the balance and might mitigate or extinguish her equity. Such a countervailing benefit has been taken into account in the case of a licensee who harvests a crop (Henry v Henry [2010] UKPC 3) of a live-in carer paying no rent (Jennings v Rice [2002] EWCA 159) and of a son-in-law paying no rent to his parents-in-law after the death of his wife (Sledmore v Dalby (1996) 72 P & CR 196). In the latter case the benefit was sufficient wholly to extinguish the equity.’
Pump Court Chambers, 20th November 2020
Source: www.pumpcourtchambers.com
Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR – Richmond Chambers
‘This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357. Specifically, the Court considered the construction of paragraph 276B(v) regarding disregarding of current and previous overstaying.’
Richmond Chambers, 10th November 2020
Source: immigrationbarrister.co.uk
Family Law Newsletter – Spire Barristers
‘Issue #40 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’
Spire Barristers, 21st October 2020
Source: spirebarristers.co.uk
County council in legal action against Health Secretary over ‘ordinary residence’ determination – Local Government Lawyer
‘Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care, Matt Hancock, in a dispute over which council should care for someone under the Mental Health Act 1983.’
Local Government Lawyer, 25th June 2020
Source: www.localgovernmentlawyer.co.uk
British citizenship after obtaining EU Settled Status – Richmond Chambers
‘EU Settled Status is a relatively new form of indefinite leave to remain (ILR) for which EEA nationals and family members have to apply by 30 June 2021. In this post we look at how to obtain British citizenship after obtaining EU Settled Status.’
Richmond Chambers, 25th May 2020
Source: immigrationbarrister.co.uk
Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor [2020] EWHC 957 (Admin) (22 April 2020) – 3PB
‘This case concerned an application for judicial review of a decision by the London Borough of Richmond upon Thames (“the Council”) not to treat the Claimants’ rented address in East Sheen as their permanent home for the purposes of a school admissions application for their son. This was because the Claimants also owned a property in Barnes.’
3PB, 6th May 2020
Source: www.3pb.co.uk
Weinstein director “must comply” with disclosure order – Litigation Futures
‘A former member of the board of the Weinstein Company does have to comply with a disclosure order in a sexual harassment case despite not living in the UK, the Employment Appeal Tribunal has ruled.’
Litigation Futures, 7th May 2020
Source: www.litigationfutures.com
Cross-Border cases and the inherent jurisdiction – Doughty Street Chambers
‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’
Doughty Street Chambers, 17th January 2020
Source: insights.doughtystreet.co.uk
