Varsani v Relfo Ltd (in liquidation) [2010] EWCA Civ 560, All ER (D) 272 (May)
Court of Appeal, Civil Division, Sir Andrew Morritt C, Etherton and Elias LJJ, 27 May 2010
Whether a defendant’s use of a property characterises it as his “residence” is a question of fact and degree, and the critical test is the defendant’s pattern of life.
Peter Shaw and Joseph Curl (instructed by CJ Jones Solicitors) for the claimant. Isaac Jacob (instructed by Rohan & Co Solicitors) for the defendant.
The claimant company was in voluntary liquidation, the majority creditor being HMRC. It brought proceedings against the claimant and, in reliance on CPR 6.9(2), left the claim form with the defendant’s father at a house in Edgware, which was the family home. The defendant contended that the service was invalid, on the grounds that he was domiciled in Kenya; that he was an habitual and permanent resident of Nairobi; that he was not a domiciliary of the UK and that he only travelled there once a year for a holiday; and that it was his father who lived at the house. The defendant
