Jurisdiction(s):
United Kingdom

Li v Yuan: English common law confirms residence (without physical presence) suffices to found foreign court jurisdiction for recognition and enforcement of judgments

Published on: 24 February 2026

Published by a LexisNexis Dispute Resolution expert

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Article summary

Li v Yuan [2026] EWHC 242 (Comm) What are the practical implications of this case?

Uncertainty has lingered over whether courts will accept residence alone as the basis for a foreign court’s jurisdiction when the person was not physically in that country as proceedings began. Adams v Cape Industries (1990) has often been read as requiring the defendant’s actual presence, rather than mere residence. In Civil Jurisdiction and Judgments (7th edition, Informa Law, Routledge), Professor Briggs strongly advanced the view that presence is the decisive criterion, describing the case for it as ‘overwhelming’. HHJ Baumgartner’s ruling points the other way. Following a detailed analysis of authorities spanning more than a century back to Emanuel v Symon [1908] 1 KB 302, he held that residence in the foreign state at the time the action was commenced is enough to confer jurisdiction. The potential impact is notable. It is settled that an individual may simultaneously be resident in multiple jurisdictions, as confirmed in Bestolov v Povarenkin [2017] EWHC 1968 (Comm)...

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