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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> High Tech International Ag & Ors v Deripaska [2006] EWHC 3276 (QB) (20 December 2006) URL: https://www.bailii.org/ew/cases/EWHC/QB/2006/3276.html Cite as: [2007] EMLR 449, [2006] EWHC 3276 (QB) |
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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High Tech International AG P.I.C. Hi-Tech International Shatha Hussein Ahmed Al-Musawi |
Claimants |
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- and - |
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Oleg Vladimirovich ![]() | Defendant |
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Adrienne Page QC and Jacob Dean (instructed by Bryan Cave) for the Defendant
Hearing dates: 13 and 14 November and 12 December 2006
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Crown Copyright ©
The Hon. Mr Justice Eady :
"For an individual to be regarded as domiciled in the UK, two conditions must be satisfied:
(i) The individual must reside in the UK; and,
(ii) The nature and circumstances of his residence must indicate that he has a substantial connection with the UK."
It is thus clear that these two concepts must be considered separately and independently. It is not necessary to address "substantial connection" unless "residence" has been established.
"… The Kingston property is his home when he lives in England … One can have a residence in more than one place and domicile under the statutory definition depends on residence, not on the old common law test of where one intended to permanently reside in the sense of indefinitely and exclusively".
"Though a man may make his home elsewhere and stay in this country only because business compels him, yet none the less, if the periods for which and the conditions under which he stays are such that they may be regarded as constituting residence, as in my opinion they were in this case, it is open to the commissioners to find that in fact he does so reside, and if residence be once established ordinarily resident means in my opinion no more than that the residence is not casual and uncertain but that the person held to reside does so in the ordinary course of his life".