eureka?

I GOT IT!
GOT IT GOT IT GOT IT!!!

hehe :D

1. to know what an individual's domicile is- especially if you are not sure then you refer to Art 59(1) which is if you want to know if a person is domiciled in UK, for example then we shall have to refer to UK laws governing this area.
2. Art 59(1) is supplemented by Para 9(2) & Para 9(6), Schedule 1, of the Civil Jurisdiction & Judgement Order 2001.
3. Para 9(2) states that an individual is domiciled in UK if: he is resident in the UK & the nature of the circumstances of his residence indicate that he has a substantial connection with the UK. This is presumed to be so, unless contrary is proven.
4. Para 9(6) defines "nature & circumstances of his residence" to mean if he has been resident in the UK for the last 3 months or more.

Art 59(2) is when one wants to determine the domicile of a person in any country other than UK. The foreign country's internal law would be used.

I did remember asking whether it was necessary for us to discuss this, but through further reading i realised that it is important to do so especially if the domicile of the CLAIMANT is unknown or is seen to be abstract.

The courts, in seising jurisdiction, would first look to Art 2 to determine as to which courts would do so. Generally, it is the domicile of the defendant (which in most problem questions would be in any member state outside of the UK). We, in advising the claimant, would have to look to the exceptions to see if the UK courts could seise jurisdiction instead. Utilising Art 3 and looking at the special and exclusive jurisdictions- any of which, if satisfied will bring the proceedings home.

HOWEVER this is only so IF the claimant is DOMICILED in the UK. (since we want the UK courts to seise jurisdiction)

If the claimant fails to be a UK domiciliary, then the UK courts will not be able to seise jurisdiction- if claimant is found to be a German domiciliary and the defendant is a Romanian domiciliary the proceedings would take place in either the German courts or the Romanian court (unless other exceptions apply- notably Arts 22, 23 & 27)