Ordinarily Resident in UK Law

Leading Cases
  • R v Barnet London Borough Council, ex parte Nilish Shah
    • House of Lords
    • 16 Dic 1982

    Unless, therefore, it can be shown that the statutory framework or the lesal context in which the words are used requires a different meaning, I unhesitatingly subscribe to the view that "ordinarily resident" refers to a man's abode in a particular place or country which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or long duration.

  • Commissioners of Inland Revenue v Lysaght
    • House of Lords
    • 09 Mar 1928

    My Lords, the word "ordinarily" may be taken first. I think the converse to "ordinarily" is "extraordinarily" and that part of the regular order of a man's life, adopted voluntarily and for settled purposes, is not "extraordinary."

  • Re Abdul Manan
    • Court of Appeal (Civil Division)
    • 02 Abr 1971

    The point turns on the meaning of "ordinarily resident" in these statutes. If this were an income tax case he would, I expect, beheld to be ordinarily resident here. In these statutes "ordinarily resident" means lawfully ordinarily resident here. He was continuously guilty of an offence under sections 4 and 4A of the 1962 Act.

  • Levene v Commissioners of Inland Revenue
    • House of Lords
    • 09 Mar 1928

    "Ordinarily resident" also seems to me to have no such technical or special meaning. In particular it is in my opinion impossible to restrict its connotation to its duration. A member of this House may well be said to be ordinarily resident in London during the Parliamentary session and in the country during the recess. If it has any definite meaning I should say it means according to the way in which a man's life is usually ordered.

    My Lords, the word "reside" is a familiar English word and is defined in the Oxford English Dictionary as meaning "to dwell permanently or for a considerable time, to have one's settled or usual abode, to live in or at a particular place". Just as a man may have two homes—one in London and the other in the country—so he may have a home abroad and a home in the United Kingdom, and in that case he is held to reside in both places and to be chargeable with tax in this country.

  • R v Barnet London Borough Council, ex parte Nilish Shah
    • Court of Appeal (Civil Division)
    • 10 Nov 1981

    If we were to do that here, I feel I would apply the test submitted by Mr. Lester. The words "ordinarily resident" mean that the person must be habitually and normally resident here, apart from temporary or occasional absences of long or short duration. On that test all those students would qualify for a mandatory award.

  • R (ex parte London Borough of Greenwich) v Secertary of State for Health
    • Queen's Bench Division (Administrative Court)
    • 14 Jul 2006

    The temptation to turn it into an abstract proposition should be resisted. Habitual or ordinary residence is not equivalent to physical presence. The significance of ordinary or habitually is that it connotes residence adopted voluntarily and for settled purposes —that was a point emphasised before me and appears clearly from Shah. Ordinary residence is not broken by temporary or occasional absences of long or short duration.

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Legislation
  • Care Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... . . (c) establish whether the adult is ordinarily resident in the local authority's area. . (4) Where at least some of a ......
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ......2 . Access to services PART 2 . Access to services . Residential tenancies Residential tenancies . S-39 . Offence of leasing premises 39 ... of the relevant provisions as if C were not and had never been ordinarily resident in the area of the first authority (if that would otherwise be ......
  • Administration of Justice Act 1920
    • UK Non-devolved
    • 1 de Enero de 1920
    ......carrying on business nor ordinarily resident within. the jurisdiction of the original court, did not ......
  • Pensions Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... S-18 . Section 17 supplementary: calculating weeks, overseas residents, etc 18 Section 17 supplementary: calculating weeks, overseas residents, ... In subsection (3) "overseas resident" means a person who is not ordinarily resident in Great Britain or any other territory specified in the ......
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Books & Journal Articles
  • Finance Act 1965: The Capital Gains Tax
    • Núm. 29-2, Marzo 1966
    • The Modern Law Review
    ...... long-term chargeable gains of any individual, whether resident or ordinarily resident I in the United Kingdom. The capital ......
  • Stake your claims.
    • Núm. 2000, Diciembre 2000
    • Financial Management (UK)
    • Constable, Trevor James
    • Pensions - Brief Article
    ...... the following conditions for the year in question: they are resident at some time in the year and ordinarily resident in the UK; they are not, ......
  • STATUTES
    • Núm. 35-5, Septiembre 1972
    • The Modern Law Review
    ...... noted that the civic rights enjoyed by British subjects resident in the United Kingdom are unaffected by the Act and do not ... a citizen of the United Kingdom and Colonies been ordinarily resident in the United Kingdom for the last five years or ......
  • The Effect of Changes of Sovereignty Upon Nationality
    • Núm. 5-3‐4, Julio 1942
    • The Modern Law Review
    ...... the date of the suggested severance the appellant was ordinarily resident in England and therefore not an " inhabitant" of the ......
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Law Firm Commentaries
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