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England and Wales Case Law

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Civil procedure

Ishtiaq Baig v Zoheb Hassan

The judge correctly applied the good arguable case test to the question of domicile, was entitled to accept the respondent's uncontradicted evidence in the absence of cross-examination, and did not err in law or principle; therefore, the appeal is dismissed.

  • Jurisdiction
  • Domicile
  • Defamation
  • Service of process
  • Good arguable case test
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Family law [2026] EWCA Civ 512

Ferrara v Ferrara (Rev1)

Ferrara v Ferrara (Rev1) [2026] EWCA Civ 512 (29 April 2026)

The Court of Appeal dismissed the husband’s appeal, upholding that the wife retained her English domicile of choice and that England remained the proper forum.

  • Domicile
  • Jurisdiction
  • Forum non conveniens
  • Financial remedies after divorce
  • Domicile-of-choice
  • Forum-non-conveniens
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Family law

A & B v C & D

The High Court granted multiple parental orders in surrogacy cases, authorised non-expenses payments, extended time limits where needed, and held welfare is paramount.

  • Surrogacy
  • Parental orders
  • Domicile
  • Time limits
  • Authorisation of payments
  • Child welfare
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Family law [2026] EWHC 972 (Fam)

A & B v C & D (Rev1)

A & B v C & D (Rev1) [2026] EWHC 972 (Fam) (14 April 2026)

Family Division judgment on parental orders in surrogacy cases, holding that welfare is paramount when authorising payments above reasonable expenses under section 54(8) HFEA 2008.

  • Parental orders
  • Surrogacy
  • Human fertilisation and embryology act 2008
  • Public policy and welfare
  • Authorisation of payments
  • Adoption alternatives
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Family law

X (A Child) (Recognition of Nigerian Adoption), Re

The High Court recognised a Nigerian adoption of a child in England and Wales, applying the common law Valentine criteria and finding no public policy bar.

  • Recognition of foreign adoption
  • Domicile
  • Habitual residence
  • Public policy
  • Best interests of the child
  • Article 8 echr
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Insolvency

Ann Nilsson & Anor v Timothy Edward Jones

The High Court annulled a bankruptcy order after finding no change of domicile to Austria, but held the order ought not to have been made as a matter of discretion.

  • Bankruptcy annulment
  • Domicile
  • Jurisdiction
  • Cross-border insolvency
  • Discretion to annul
  • Recognition of foreign insolvency
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Insolvency [2026] EWHC 319 (Ch)

Nilsson & Anor v Jones

Nilsson & Anor v Jones [2026] EWHC 319 (Ch) (17 February 2026)

The High Court rejected a challenge to an adjudicator-made bankruptcy order based on alleged Austrian domicile, but annulled the order on discretionary grounds.

  • Bankruptcy annulment
  • Domicile
  • Jurisdiction under insolvency act 1986
  • Recognition of foreign bankruptcy
  • Discretion to annul bankruptcy order
  • Bankruptcy-annulment
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Civil procedure [2026] EWHC 11 (KB)

Baig v Hassan

Baig v Hassan [2026] EWHC 11 (KB) (05 January 2026)

The High Court dismissed an appeal over jurisdiction in a defamation claim, holding the judge applied the correct good arguable case test and made no error on evidence.

  • Jurisdiction
  • Domicile
  • Defamation
  • Good arguable case test
  • Service of process
  • Good-arguable-case-test
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Family law

Refusal of Application for Stay of Divorce Petition, Re

England is the natural forum for the parties' divorce proceedings as both parties are habitually resident and domiciled in England, the bulk of assets are in England, and the balance of fairness and convenience favours England. H failed to discharge the burden to show Egypt is clearly more appropriate. Application for stay is refused.

  • Forum non conveniens
  • Concurrent proceedings
  • Jurisdiction
  • Domicile
  • Habitual residence
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Administrative law

Alexander Langsam, R (on the application of) v The Commissioners for HMRC

The 1999 letter did not create a legitimate expectation as it only confirmed the claimant was treated as non-UK domiciled at that time, not for the future or past. The 2022 letter was not open to judicial review as all issues were resolved and the statutory remedy lay with the Tax Tribunal. The claim was therefore academic and totally without merit.

  • Judicial review
  • Legitimate expectation
  • Domicile
  • Tax enquiries
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.