Author: FORSYTH, CHRISTOPHER

Source: Journal of Private International Law, Volume 1, Number 2, October 2005 , pp. 335-343(9)

Publisher: Hart Publishing

Abstract:

This article comments on the decision of the House of Lords in Mark v Mark [2005] UKHL 42 in which it was held that an illegal resident could, none the less, acquire a domicile of choice in England. This is of significance both as a matter of principle and as a matter affecting the legal relations of the 500,000 illegal residents in the United Kingdom. Lady Hale's speech shows that there was no consistent trend in the authorities across the Commonwealth and her Ladyship rested her judgment on a perceived need to have a person's domicile reflect the system of law with which that person is most closely connected. But the article points out that the rules of the law of domicile are necessarily artificial and must at times, in order to ensure that everyone has a domicile and only one domicile, connect a person to a legal system to which they are not most closely connected. Lord Hope's speech, on the other hand, distinguishes between public and private law and holds that a public law illegality was irrelevant to the private law issue of domicile. But the article point out there has to be a certain connection between public and private law and little guide as to the nature of that connection is given.

Document Type: Research article

Publication date: 2005-10-01

More about this publication?

• Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders.
• Editorial Board
• Information for Authors
• Subscribe to this Title
• Information for Advertisers
• Contents
• Sample Paper
• Email Alerts (Hart books and journals)
• ingentaconnect is not responsible for the content or availability of external websites

Related content

• In this: publication
• By this: publisher
• In this Subject: Law ,  Political Science ,  Social Science (General)
• By this author: FORSYTH, CHRISTOPHER

Website © Publishing Technology. Article copyright remains with the publisher, society or author(s) as specified within the article.

• Terms and conditions
• Privacy policy
• Information for advertisers