This document discusses flaws in the law on domicile and proposes reforms. It defines domicile and outlines the types of domicile - domicile of origin, choice, and dependence. It notes criticisms of domicile of choice, including that the concept of permanence is outdated and domicile of choice is difficult to prove. The document also examines domicile of dependence and suggests nationality or habitual residence as better connecting factors than domicile. It concludes by noting the Law Commission proposed reforms to replace domicile.

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Flaws of the Law on
Domicile
Presented by: Sahar Saqib
Department: LL.B (Hons)
Conducted: 01/02/2014

2. Domicile is an important connecting factor
in English conflict of laws.
Defined in (Whicker v Homes) as a
person’s “permanent home.”
- Lack of clarity: No universal definition of
‘domicile’ in conflict laws internationally.
- Is ‘permanence’ an outdated concept due
to increased ease in mobility?
What is Domicile?

3. Domicile of Origin
Domicile of Choice
Domicile of Dependence
Types of Domicile

4. Ascribed at birth.
One must have a domicile at all times.
- (Udny v Udny): Legitimate = father’s domicile
Illegitimate = mother’s domicile
Can it be changed?
- (Re McKenzie): Foundling – domicile can be changed.
- Adoption and Children Act 2002, S65(1)(a) - Adoption
Domicile of Origin

5. Residence + Permanent Intention = New domicile
- (Mark v Mark): this domicile is a question of fact, not law
- (Qureshi v Qureshi): Purchase of real property = intention
- Doctrine of revival: Domicile of choice is lost, origin revives.
Cases where new domicile of choice could not be attained:
- (Ramsay v Liverpool Royal Infirmary)
- (Winans)
- (Cyganik)
Domicile of Choice

6. 1. Domicile of choice given undue importance.
- Mobile day and age, e.g. European Union
- Historical significance of the law is outdated.
2. Domicile of choice is unnecessarily burdensome to prove.
- Apply an ordinary standard of proof –
Balance of probabilities test
- ‘The Conflict of Laws’, C.M.V Clarkson & Jonathan Hill
Domicile of Choice: Criticisms

7. Who are Dependents?
- Children under 16
- Mentally disordered
Domicile and Matrimonial Proceedings Act 1973:
- Married women no longer have a domicile of dependence.
Criticism:
- One cannot acquire a domicile of choice independently.
- Domicile remains the same/changes with person on whom
they are legally dependent.
Domicile of Dependence

8. Nationality and habitual residence – attractive alternatives to
domicile as a connecting factor.
Habitual residence – regular physical presence endured for some time.
Why Nationality?
- More easily ascertainable
- Does not automatically change and requires formalities
- Propositus is always aware of and initiates the change
Law Commission suggested 21 recommendations for reform
(Timothy Lyon, Michael Parkinson)
Suggested Reform: Nationality?

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Thank you! 
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