Henwood v Barlow Clowes International Ltd (in liquidation) (CA)
Wednesday, 4th June 2008
[2008] EWCA Civ 577; Court of Appeal, Civil Division; Waller, Arden and Moore-Bick LJJ; [2008] All ER (D) 330 (May)
Allowing an appeal against the decision of Evans-Lombe J (see a post about that decision here), the Court of Appeal held that the respondent to the bankruptcy petition was domiciled in England and Wales. At the relevant time he had lost his domicile of choice and had not yet taken up a new domicile of choice; therefore his domicile of origin had revived.
Avis v Turner
Friday, 10th August 2007
[2007] EWCA Civ 748; Court of Appeal, Civil Division; Ward, Chadwick and May LJJ
By a consent order in matrimonial proceedings in 1985 there was a variation of the trusts under which the matrimonial home was held: the proceeds of sale were to be held as to two thirds for the former wife and one third for the former husband. The former wife was to have the exclusive right to occupation until sale, which could not take place until sale, Read more
Henwood v Barlow Clowes International Ltd (in liquidation)
Tuesday, 10th July 2007
[2007] EWHC 1579 (Ch); 3rd July 2007; Evans-Lombe J
In order to bring a bankruptcy petition in England against a debtor, it has to be shown that the debtor is domiciled in England (s. 265(1)(a) Insolvency Act 1986). Here, the debtor’s domicile of origin was England. At the time of the petition for bankruptcy, Read more
