Kelly v Pyres

Family proceedings – Domicile. The judge had erred in finding that the wife had acquired a domicile of choice in England between March 1997 and 2000, as there had been no, or no sufficient, clear and cogent evidence to conclude that she had formed the necessary intention to leave behind her domicile of origin and acquire a domicile of choice in England. The Court of Appeal, Civil Division, in allowing the husband's appeal, further held that it had not been open to conclude that, during a later eleven month period of residence, the wife had had the requisite intention to make England her permanent home.

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