Abandoning domicile of choice

Barlow Clowes International Ltd (in liquidation) and others v Henwood CA TLR 18 June

The defendant alleged that he was not domiciled in England and Wales when the claimants presented a bankruptcy petition against him. His domicile of origin was England. He then acquired the domicile of choice in the Isle of Man. He contended that he had abandoned his domicile of choice in the Isle of Man by acquiring a domicile of choice in Mauritius. The evidence did not establish this, but did establish abandonment of his domicile of choice in the Isle of Man. Thus, his domicile of origin revived. The judge was in error in thinking that a domicile of choice could be lost only by the acquisition of another domicile of choice. A domicile of choice could be abandoned, and, if abandoned, the domicile of origin revived. Because the domicile of origin revived, there was no compulsion to find the acquisition of another domicile of choice. The evidence did not establish the requisite intention by the defendant to establish domicile of choice elsewhere.