| Potanin v Potanina [2024] UKSC 3, [2024] AC 1063 |
Analogy for the leave test under Part III MFPA 1984—test analogous to "real prospect of success". |
Cited to explain the threshold for subsequent Part III claims; used to assess the inevitability/power of a future English claim after foreign divorce. |
| Barlow Clowes International plc v Henwood [2008] EWCA Civ 577, [2008] BPIR 778 |
Summary of law on domicile (domicile of choice: residence + intention permanently or indefinitely). |
Adopted as proper statement of domicile law; deployed in analysis whether Respondent acquired and retained English domicile of choice. |
| IRC v Bullock [1976] 1 WLR 1178 |
Authority on requirement for real intention in domicile enquiries (quoted in submissions). |
Referenced for the proposition that intention is central to domicile analysis. |
| SA v FA [2022] EWFC 115, [2022] 3 FCR 638 |
Summary of forum non conveniens / stay principles applicable to matrimonial proceedings. |
Adopted as the convenient summary of forum principles; used as the statutory and case-law framework for stay analysis. |
| De Dampierre v De Dampierre [1988] 1 AC 92 |
House of Lords authority on applying forum non conveniens to matrimonial cases and considering connecting factors. |
Referred to as part of the established approach to stays and natural forum assessment. |
| Kelly v Pyres [2018] EWCA Civ 1368, [2019] 1 FLR 62 |
Clarification on "fixed intention" required for domicile of choice; illustrates role of "ending his days" phrase as illustrative, not determinative. |
Cited to support that fixed intention is the requirement and that illustrative phrases are tools rather than tests. |
| AN v NO [2024] EWFC 94 |
Recent discussion on permanence/indefinite formulation in domicile analysis. |
Referenced in submissions about differences (or not) between "permanent" and "indefinite". |
| Piglowska v Piglowski [1999] UKHL 27, [1999] 1 WLR 1360 |
Authorities on adequacy of reasons in judgments. |
Cited by Respondent to show standards for reasons and that judges need not address every argument. |
| English v Emery Reimbold & Strick [2003] EWCA Civ 605, [2002] 1 WLR 2409 |
Guidance on adequacy of reasons and when appellate court should intervene. |
Used to evaluate whether first-instance judgment's brevity rendered it deficient. |
| Simetra Global Assets Ltd v Ikon Finance Ltd [2019] EWCA Civ 1413, [2019] 4 WLR 112 |
Concept of "building blocks" and proportional approach to evidence/reasons. |
Relied upon to support that judge may focus on determinative factors without listing every item of evidence. |
| Ramana v Kist-Ramana [2025] EWCA Civ 1022, [2025] 4 WLR 120 |
Approach to contingencies in intention enquiries and the required cogency of evidence for domicile changes. |
Considered in submissions and referenced for the need for "cogent and clear" evidence where intention is contested. |
| Re R (Children) (Reunite International Child Abduction Centre intervening) [2015] UKSC 35, [2016] AC 76 |
Limits on appellate interference with trial judge's evaluative findings (habitual residence example). |
Quoted to underline deference owed to trial judge's factual evaluations unless unreasonable. |
| Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29 |
Appellate restraint in overturning factual evaluations and inferences. |
Invoked to explain standards for disturbing fact-finding and evaluative conclusions. |
| Udny v Udny (1869) LR 1 Sc & Div 441 |
Historic authority cited in domicile jurisprudence. |
Included among cases on domicile; used to show long-standing principles. |
| In the Estate of Fuld decd (No.3) [1968] P 675 |
Discussion of standard of proof and subjective nature of intention. |
Cited for the proposition that domicile enquiries engage subjective intentions and high threshold of proof. |
| Henderson v Henderson [1967] P 77 |
Referenced in discussion of standard of proof (historical citations in Dicey). |
Part of authorities cited for standards in domicile proof; used by Dicey as background. |
| Sekhri v Ray [2014] EWCA Civ 119, [2014] 2 FLR 1168 |
Authority that trial judge need not list every factor; highlight prominent elements. |
Cited to support proportionate treatment of evidence and selective emphasis in reasons. |
| Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48 |
Principles on appellate interference with factual findings and adequacy of reasons. |
Used to summarise standards for appeals against factual/evaluative conclusions. |
| Mark v Mark [2006] 1 AC 98 |
Language from prior domicile cases (bona fide intention test). |
Quoted in discussing bona fide intention and its evidential weight. |
| In re Flynn, decd (No 1) [1968] 1 WLR 103 |
Authority on abandonment of domicile and "withering away" of intention to return. |
Quoted to explain that abandonment may be shown by sine animo revertendi rather than absolute non-revertendi. |
| Qureshi v Qureshi [1972] Fam 173 |
Support for proposition on abandonment of domicile by loss of intention to return. |
Used to illustrate legal formulations for loss of domicile of choice. |
| Spiliada Maritime Corpn v Cansulex Ltd [1987] AC 460 |
Foundational forum non conveniens principles (natural forum; connecting factors; two-stage test). |
Adopted as the controlling approach for stay/forum analysis in matrimonial proceedings (via De Dampierre). |
| Chai v Peng [2015] 2 FLR 412 |
Family Division application of forum principles and balancing fairness/convenience. |
Relied upon for practical application of connecting factors and the burden on the party seeking a stay. |
| Peng v Chai [2015] EWCA Civ 1312, [2017] 1 FLR 318 |
Appellate consideration of connecting factors beyond litigation-specific elements. |
Referred to in discussion about whether historic connections are relevant to forum analysis. |
| ER v BF (Forum Conveniens) [2019] 1 FLR 726 |
Illustration that English courts may prefer a forum that can resolve all financial issues between parties in one set of proceedings. |
Cited to support the proposition that English forum advantage may be the ability to resolve all financial issues (avoiding residual proceedings). |
| Unwired Planet International Ltd v Huawei Technologies (UK) Co Ltd [2020] UKSC 37, [2020] Bus LR 2422 |
Principle that alternative forum must have jurisdiction; if not, stay cannot be granted. |
Quoted to emphasise that forum non conveniens presupposes availability/competence of the alternative forum. |
| The Abidin Daver [1984] AC 398 |
Reference point for "natural forum" language in Spiliada lineage. |
Referred to by way of explaining "natural forum" concept and connection metrics. |
| Lifestyle Equities CV v Amazon UK Services Ltd [2024] UKSC 8 |
Appellate review constraints on evaluative decisions; mistakes of principle and gaps in logic. |
Used to explain the standard for challenging evaluative decisions on appeal. |
| In re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 |
Guidance on approach to appeals against evaluative decisions (identify flaws such as gaps in logic). |
Cited to underline that appellate court asks whether trial judge's decision was wrong for identifiable flaws. |
| SPH v SA (Hong Kong Court of Final Appeal) |
Illustrative international authority considered by Bodey J and cited in family forum discussion. |
Referenced in relation to broad judicial approaches to connecting factors in forum enquiries. |
| Dicey, Morris and Collins on the Conflict of Laws (text) |
Authoritative statement on domicile rules and the breadth of relevant evidence. |
Quoted for propositions about factors evidencing residence/intention and that judges need not list every factor. |
| Rayden & Jackson on Relationship Breakdown, Finances and Children (text) |
Practical identification of categories of connecting factors and relevant considerations for forum analysis. |
Cited as illustrative secondary source summarising broad classes of factors relevant to forum choice. |