Supreme Court reaffirms the special protection over UK land provided by the Immovables Rule

In November 2024 the UK Supreme Court handed down its eagerly anticipated decision in Kireeva v Bedzhamov [2024] UKSC 39. The key issue was the effect if any of the immovables rule on the claim of a trustee appointed in foreign bankruptcy proceedings to immovable property owned by the debtor and situated in England.

What is the immovables rule?

The “immovables rule” is a special category of private international law found in English law. Similar rules known by other names can be found in a number of other national common law legal systems such as the US and Canada. The commonality of the rules is that they apply in disputes regarding the rights to or interests in immovable property.

The rules provide that such disputes are: (i) governed...