Kireeva (Appellant) v Bedzhamov (Respondent)

Awaiting judgment

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Case summary

Case ID

UKSC/2022/0037

Parties

Appellant(s)

Lyubov Andreevna Kireeva

Respondent(s)

Georgy Ivanovich Bedzhamov

Issue

Whether the Court has the jurisdiction/power to recognise a foreign bankruptcy at common law. This depends on the nature and effect of the choice of law rule of private international law known as the "immovables rule" that, as a matter of English law, a foreign Court has no jurisdiction to make orders in respect of land situated in England and that rights relating to such land are governed exclusively by English law ("Immovables Rule").

Facts

In 2018 a Court in Moscow declared the Respondent, Mr Bedzhamov bankrupt and approved the Appellant Ms Kireeva as his trustee in bankruptcy. By this time, he was living in England. In 2021, Ms Kireeva issued an application by which she sought the recognition at common law of the Russian bankruptcy order against Mr Bedzhamov, and of herself as Mr Bedzhamov' s bankruptcy trustee, and further seeking "orders for the entrustment of the Belgrave Square Property (and any other property of his in England) and that the Applicant will be able to question him in relation to the Belgrave Square Property". The "Belgrave Square Property" comprises 17 Belgrave Square and 17 Belgrave Mews in London.