CA-2024-002730 - [2025] EWCA Civ 1022

For the reasons set out above, it is clear that the judge’s decision must be set aside. It is also, in my view, clear that this court is not able to remake the decision itself. The evidence is not so clear that it would be right for us to do so especially in the absence of hearing oral evidence. Accordingly, the matter will have to be remitted for rehearing so that the court can determine (i) whether the wife lost her domicile of choice in England prior to 11 October 2022; and (ii) whether the proceedings should be stayed.

I agree.

I also agree.