Corbidge v. Somerville [1914] ScotLR 406 (12 March 1914)

Corbidge v. Somerville [1914] ScotLR 406 (12 March 1914)

The Court held that John May Somerville had acquired an English domicile by 1871, having settled in Liverpool with no intention of returning to Scotland, and that his son, Samuel Wallace May Somerville, therefore had an English domicile of origin. There was no evidence that Samuel Wallace May Somerville ever acquired a Scottish domicile of choice. As he was domiciled in England at the time of the divorce decree, the Scottish Court had no jurisdiction to grant the divorce, and the decree was reduced.

Citation
[1914] ScotLR 406
Parties
Pursuer: Cooper Corbidge, C. A., London, trustee in the bankruptcy of Samuel Wallace May Somerville; Defender: Mrs Caroline Stuart May Somerville; Defender: Samuel Wallace May Somerville
Jurisdiction
Scotland
Judgment Date
12 March 1914
Procedural Posture
Action for Reduction of Decree of Divorce / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division
Outcome
Decree of reduction granted; appeal dismissed; decree of divorce reduced.
Legal Topics
Domicile, Jurisdiction in Divorce, Reduction of Decree, Domicile of Origin and Choice
Family Law Private International Law Domicile Jurisdiction in Divorce Reduction of Decree Domicile of Origin and Choice

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Parties

Cooper Corbidge, C. A., London, trustee in the bankruptcy of Samuel Wallace May Somerville

Pursuer

Mrs Caroline Stuart May Somerville

Defender

Samuel Wallace May Somerville

Defender

Procedural Posture

Action for Reduction of Decree of Divorce / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division

Legal Issues

  1. 1 Whether the Scottish Court had jurisdiction to grant a decree of divorce against a person domiciled in England.
  2. 2 Whether John May Somerville, father of the bankrupt, had acquired an English domicile by 1871, thereby giving his son an English domicile of origin.
  3. 3 Whether Samuel Wallace May Somerville had acquired a domicile of choice in England at the time of the divorce decree.

Ratio Decidendi

The Court held that John May Somerville had acquired an English domicile by 1871, having settled in Liverpool with no intention of returning to Scotland, and that his son, Samuel Wallace May Somerville, therefore had an English domicile of origin. There was no evidence that Samuel Wallace May Somerville ever acquired a Scottish domicile of choice. As he was domiciled in England at the time of the divorce decree, the Scottish Court had no jurisdiction to grant the divorce, and the decree was reduced.

Court Disposition

Decree of reduction granted; appeal dismissed; decree of divorce reduced.

Orders

  • Decree of divorce pronounced by Lord Dewar on 18th June 1910 reduced.
  • Judgment of Lord Ordinary (Cullen) affirmed.