Ordinarily Resident in UK Law
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R v Barnet London Borough Council, ex parte Nilish Shah
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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.
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Commissioners of Inland Revenue v Lysaght
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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."
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Levene v Commissioners of Inland Revenue
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"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.
The expression "ordinary residence" is found in the Income Tax Act of 1806 and occurs again and again in the later Income Tax Acts, where it is contrasted with usual or occasional or temporary residence; and I think that it connotes residence in a place with some degree of continuity and apart from accidental or temporary absences.
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R v Barnet London Borough Council, ex parte Nilish Shah
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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.
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Nasser v United Bank of Kuwait
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Returning to Part 25.15(1) and 25.13(1) and (2)(a) and (b), if the discretion to order security is to be exercised, it should therefore be on objectively justified grounds relating to obstacles to or the burden of enforcement in the context of the particular foreign claimant or country concerned. Insolvent or impecunious companies present a different situation, since the power under CPR Part 25.13(2)(c) applies to companies wherever incorporated and resident, and is not discriminatory.
The justification for the discretion under Part 25.13(2)(a) and (b) and 25.15(1) in relation to individuals and companies ordinarily resident abroad is that in some, it may well be many, cases there are likely to be substantial obstacles to or a substantial extra burden (e.g. of costs or delay) in enforcing an English judgment, significantly greater than there would be as regards a party resident in England or in a Brussels or Lugano state.
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Care Act 2014
... ... with this Part, and(c) establish whether the adult is ordinarily resident in the local authority's area ... (4) Where at least some of a ... ...
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Immigration Act 2014
... ... 2 applies.(4) Exception 1 applies where—(a) C has been lawfully resident in the United Kingdom for most of C's life,(b) C is socially and ... (1) A reference in the NHS charging provisions to persons not ordinarily resident in Great Britain or persons not ordinarily resident in Northern ... ...
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Blind Persons Act 1920
... ... of blind persons ordinarily resident within their area, and such ... council may for this purpose ... ...
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Crime and Courts Act 2013
... ... situated, and(b) in respect of a person wherever domiciled, resident or present,subject to subsection (2) .(2) Such an order may not be made by ... order was made, the person required to make the payments was ordinarily resident in England and Wales. ” ... Annotations: Commencement ... ...
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Finance Act 1965: The Capital Gains Tax
... ... long-term chargeable gains of any individual, whether resident or ordinarily resident I in the United Kingdom. The capital ... ...
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Death the Leveller – Happy and Unhappy Family Succession
... ... house in which the surviving spouse of the intestate was ordinarily resident at the date of death of the intestate” ... Furthermore, in ... ...
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STATUTES
... ... 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 ... ...
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Stake your claims.
... ... 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, ... ...
- Coming to Work in the UK: Ordinarily Resident or Not?
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Case Alert: Employee Benefits Insurance – Does Coverage Apply to Employees Working Overseas?
What happened? In Rai v Legal & General Assurance Society [2015] EWHC 170, the English High Court decided that coverage was not available under an employee benefits insurance policy due to the oper...... ... operation of an exclusion in respect of employees who were not "ordinarily employed and resident in the United Kingdom" ... The case concerned a Mr ... ...
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The U.K.'s Bribery Act More Stringent than the FCPA?
Many U.S. companies are familiar with the Foreign Corrupt Practices Act of 1977 ("FCPA"), which imposes criminal and civil liability for bribery of foreign government officials, as well as other po...... ... citizens, British nationalsliving overseas, persons that are ordinarily resident in the U.K., andcompanies incorporated under the laws of the U.K ... ...
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Ordinary Residence - A Challenge To IR20
... ... A practice has grown up of treating someone as ordinarily ... resident if they were or intend to be in the UK for three years or ... ...
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Statutory declaration for single Applicants
Forms relating to gender recognition including applying for a Gender Recognition Certificate (Form T450).... ... Section 3 – we need to know the country in which you are ordinarily resident so we ask ... you to indicate whether this is England and Wales, ... ...
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Agreement to the making of a parental order in respect of my child. Section 54 of the Human Fertilisation and Embryology Act 2008
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... Advisory and Support Service (Cafcass) or, where the child is ordinarily ... and Support Service (Cafcass) or, where the child is ordinarily resident ... ...
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Statutory declaration for applicants who are married or in a civil partnership
Forms relating to gender recognition including applying for a Gender Recognition Certificate (Form T450).... ... Section 3 – we need to know the country in which you are ordinarily resident so we ... ask you to indicate whether this is England and Wales, ... ...
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Advance consent to Adoption. Section 20 of the Adoption and Children Act 2002
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... Support Service or, where the child is ordinarily resident in Wales, by a Welsh family proceedings officer. In ... Scotland ... ...