Vol 19 (2022) - Issue 1

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Kireeva (Trustee & Bankruptcy Manager in Russia of Bedzhamov) v Bedzhamov [2021] EWHC 2281 (Ch)

Synopsis
This decision of Snowden J in the High Court addresses English courts’ recognition of, and power to assist, foreign insolvency proceedings. It focuses on two important issues at common law, which are the focus of this note. First, it considers what amounts to submission to the overseas jurisdiction. Second, it considers the consequences of recognition, specifically in relation to immovable property located in England.
Regarding the first question, Snowden J held that appearing in the foreign court to argue that the bankruptcy proceedings had been brought in the wrong court within the court system of the foreign jurisdiction is submission to the courts of that foreign jurisdiction.
Regarding the second question, the court’s powers at common law did not include vesting immovable property in England in the foreign trustee.