It is human nature to want recognition. As a popular artist once said “I need to just make as much noise and bang on as many doors as possible ’til men are, like, giving you the recognition.”
Well, in Kireeva v Bedzhamov [2022] EWHC 2676 (Ch), Stephen Davies KC has seen off the first reported attempt by a foreign bankrupt to oppose recognition at common law of his trustee’s appointment and status on grounds of fraud. Represented by Justin Fenwick KC, the bankrupt failed to establish that his Russian trustee’s appointment had been procured by fraud. The Supreme Court has been awaiting the outcome and will now consider whether to grant permission to appeal against the ruling of the Court of Appeal earlier this year to the effect that the English court has no power to assist the foreign trustee to realise real property in England. Keep banging on the doors.
Full Judgment is available below.
