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o Re !uld"s #state $%o &': 8carman : if man intends to return to land of birth upon clearly foreseen, reasonably anticipatedcontingencies i%e% end of his job, intention re!uired by law lac"ing$ but if he has in his mind only #ague possibility, suchas ma"ing fortune or some sentiment about dying in land of his fathers, such state of mind consistent w/ intentionre!uired by law

o (oucet v Geo)*e)an: man intended to mo#e if he made fortune$ court: intention did not pre#ent ac!uisition of domicileo Re !urse: 2merican, wor"ed on farm for 3; yrs$ intended to return to 2merica if health pre#ented him from wor"ing$

court: he ac!uired domicile in &no 0hange of nationality may indicate person had re!uisite intention to change domicile ( %ic*olls v %ic*olls: man

renounced ar nationality, accepted rinidadian nationality$ held domiciled in rinidad$ evidence "ut not conclusiveo

Re !uld: born in 9er, later ac!uired 0anadian nationality$ held he was domiciled in 9er b/c he ne#er decided which ishis permanent homeo ote: must be an intention to settle in particular country$ where propositus undecided, 5-- remains ( Bell v Kennedy:

born in amaica to 8cottish parents domiciled in amaica$ domicile of origin amaican$ at 3$ in 0aribbean age of majority >? ( sec & ,inors Act Barbados )o iteria v iteria: domicile of legitimate child follows father, illegitimate follows mothero 5omicile of illegitimate child, later legitimized changes w/ that of fathero Ho-e v Ho-e: If parents di#orced, mother gi#en custody, thereafter child might obtain domicile of mother o Re Beaumont: widow domiciled in 8cotland remarried &n domicliary$ she ac!uired &n domicile of dependence$ she

relocated to &n, lea#ing daughter in 8cotland$ held: child1s domicile remained 8cottish$ change of child1s domicile is@result of e'ercise by mother of power #ested for welfare of infants, which in interest, she may abstain from e'ercisingA

Bationale: court did not want to ma"e child1s domicile dependent on step6fathero In arbados, distinction b/w children born out of wedloc" abolished ( sec & .tatus of *ildren Reform Act )

8ec C(>): child whose parents are li#ing together has domicile for time being of father (note can be unmarried)8ecC(=): if child whose parents not li#ing together has home w/ father, domicile for time being of father$ after child ceases to ha#e home w/ father, domicile continues until its home is w/ mother8ecC(3) child whose parents not li#ing together has domicile for time being of mother8ecC(D) until foundling has home w/ parents, both parents deemed ali#e, domiciled in country found

o !ote: in ar child cannot ha#e domicile of person other parents$ in E , E amily Law ( Guardians*i- of ,inors (omicile/ and ,aintenance Act ) child not li#ing w/ parents has domicile of person in @ actual custody A

Married ersons: at 0L, wife1s domicile that of husband iteria v iteria Fieira : 0oman1 even if infant/ automaticallyac2uires on marria)e domicile of *usband3 so lon) as marria)e is subsistin)/ 0ife cannot *ave different domicile t*an *usband3even if 4udicially se-arated and if *usband c*an)es *is domicile/ 0ife"s automatically c*an)es

o AG for Alberta v ook: wife cannot ac!uire independent domicile e#en if separated b/c separation did not destroysubsistence of marriage

o ote: on death of husband, domicile of dependence continues as domicile of choice, unless abandoned$ presumed if sheis present in country of husband she possessed re!uisite intention to remain permanently

o Re .cullard: testatri' married$ left husband permanently$ mo#ed to 9uernsey$ e'pressed intention to remain permanently$ husband who was &n domicile died si' wee"s earlier$ she became ill, could not e'press intention of domicile$ held: ac!uired domicile of choice in 9uernsey (she mo#ed all her belongings, etc)

(anck0erts 5: I do not see why it should not be assumed her intention continued after death of husband andwhy some new o#ert act re!uired when all pre#ious e#idence consistent w/ there ha#ing been no different intent

o Gray v !amosa: 6ord (ennin) : domicile of dependence last barbarous relic of wife1s ser#itudeo (omicile Reform Act of Barbados $.ec 7$8' : e#ery married person capable of ha#ing independent domicile$ rule whereby

upon marriage, woman ac!uires domicile of husband thereafter during subsistence of marriage incapable of ha#ing other domicile abolished

Mentall) inca a"le ersons: .*ar-e v *ris-in : if below age of majority, dependent$ if reach age of majority but cannot formre!uisite intension, domicile remains dependent

(dvantages of domicile as connecting factor: .ore natural, appropriate to subject person to law of home than law of country he may ha#e left years ago 5omicile only practical test in certain political units such as 7G, 78 where persons of same nationality but different legal systems

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Disadvantage of domicile as connecting factor: Legal domicile out of touch w/ reality as law may regard person domiciled in country he is not resident in (i%e% if domicile of

origin re#i#es, which court places great emphasis on) sometimes domicile artificial concept Person may be regarded as not domiciles b/c intention dependent on future occurrence, but still li#ed in country for long time inding that person domiciled in particular country, often dependent on proof of intention$ such intention often cannot be resol#ed

w/ certainty w/o recourse to courts

$EFO$M*Codification of re+uirement of ac+uisition of new domicile: statute replaces 0L

.9 (omicile Reform Act/ Barbados: person ac!uires new domicile in country at particular time if, immediately before:o He is not domiciled in that particular countryo He is capable of ha#ing independent domicileo He is in that country ( note law does not say in that country legally)o He intends to li#e indefinitely in that country

Illegalit) in Puttick v AG illegal immigrant in &n came on forged passport$ held not domiciled in &n$ but in Belle v Belle Williams5 was of #iew that domicile could be ac!uired in o#erseas country e#en though person present illegally$ in Belle howe#er there

was no o#erriding public policy to interpret @in that countryA an meaning legally Intension some &n courts re!uire that person must intend to reside permanently$ under statute, indefinitely suffices$ but in 0L

where person1s residence dependent on #ague contingency, where no substantial li"elihood it would occur, that suffices(permanently or indefinitely)

$evival of Doctrine of Origin: 0L domicile of origin re#i#es where one abandons domicile of choice w/o replacing it w/ another In 78, doctrine of origin not accepted$ person maintains domicile of choice until ac!uires another (more realistic)

o Re 5ones #state: ones born in *ales >?< $ &n domicile of origin$ had illegitimate daughter$ to escape affiliation proceedings, he left for 78, settled in Iowa$ amassed fortune$ after wife1s death, he returned to *ales$ in .ay >;>C, domicile of dependency continues throughout life, or until incapacity remo#es itself Bule whereby mother, on whose domicile her child is dependent, may elect to change child1s domicile if she changes her own

wrong in principle and unhelpful in law$ in principle wrong b/c domicile would depend on someone else1s choice$ in practiceli"ely to freeze child1s domicile b/c of small numbers of cases where mother would elect to change

$E*IDE!CE: generally alternati#e to domicile, nationality$ more desirable connecting factor for regulating personal matters, such aseducation, health, family$ residence is usually classified as ordinar) or ha"itual Ordinar) residence: .*a* v Barnet 6ondon : 6ord .carman: ordinary residence refers to man1s abode in particular place or

country, which he adopts #oluntarily and for settled purposes as part of regular order of life for time being, whether long or shorto -rdinary residence !uestion of fact, may be ordinarily resident in more than one country

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IR v 6ysa)*t : person li#ed in Ireland but spent one wee" each month in &n$ while in &n, he li#ed in hotels$held: he was ordinarily resident in &n and Ireland

o $esidence must "e voluntar) , not "idnapping, imprisonment, condition that he not lea#e Petrotrade Inc v .mit* &a"itual residence: compromise b/w domicile, nationality$ first de#eloped at Hague 0on#ention on PIL

o 7sed in &n for matters of di#orce, separation, formal #alidity of willso Habitual residence connotes person ta"en up residence, li#ed in rele#ant country for period of time that shows residence

habitual (2nderson) %essa v Ad4udication ?fficer : habitually describes residence which achie#es degree of continuityo Habitual residence !uestion of fact, determined by circumstances$ child1s habitual residence that of parents$ if parent1s

li#e apart, habitual residence that of custodial parento In Ka-ur v Ka-ur habitual residence regarded as similar to ordinary residence$ two main difference (>) person may ha#e

more than one ordinary residences, but only one habitual residence$ (=) ordinary residence ac!uired w/in a day, habitualresidence ac!uired, as stated by Lord randon in R 5 @o#er an appreciable period of timeA

o Besidence must be lawful .*a* v Barnet 6ondon Borou)* ouncil o Besidence must be accompanied by settled purpose or intention$ person who reads for degree may be habitually resident

Ka-ur v Ka-ur: man went to &n to study for &n bar e'ams, regarded as habitually resident for di#orce

!(-IO!(LI-.: in 0L jurisdiction, domicile most common connecting factor, in ci#il law jurisdiction, nationality most common 2d#antages: nationality more easily ascertained, therefore more certain$ more difficult to change, thus difficult to e#ade law 5isad#antages: where person citizen of two countries$ unrealistic if person left country but not naturalized in new country

COMP(!IE*: personal law of company is that of its domicile, place of incorporation% o this it owes its e'istence, and that lawgo#erns also its dissolution and its capacity to contract% Law of place of incorporation dictates who can sue, be sued on its behalf andgo#erns the e'tent to which members personally liable for debts (0ollier) Domicile and nationalit) : determined by law of place of incorporation$ company cannot change its domicile or nationality $esidence primarily important for ta' purposes$ liability dependent if company resident in particular jurisdiction$ note: domicile

dependent on where central management, control e'ists rather than by place of incorporationo (e Beers onsolidated ,ines v Ho0e: com incorporated in 8outh 2frica, where it made profits from mining diamonds$

had board of directors in 8outh 2frica, board managed day to day operations$ another board was in London, which inconjunction w/ board in 82 made policy decisions$ board in London regarded as controlling policy$ meeting of members,mining, sales of diamonds too" place in 82$ held: ta' assessed in London as central management, control e'ercised there

o #)y-tian (elta 6and = Investment o v Todd: com simply maintained office in &n, register of members, local secretaryto comply w/ minimum legal re!uirements$ but its directors, seals, boo"s, acti#e secretary, ban" account in 0airo$ held:company resident in &gypt

o ote: companies residence significant to enforce foreign judgments