Vol 22 (2025) - Issue 4

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Cross-Border Insolvency and the Immovables Rule

Synopsis
This article examines how the 'immovables rule' intersects with the practice of modern cross-border insolvency under English common law. The English conflict of laws position holds that rights to land are governed by the law and courts of the country where the land is located (the lex situs). However, in cross-border insolvency, the principle of modified universalism encourages English courts to assist foreign liquidation proceedings to achieve a unified asset distribution. The Supreme Court addressed the tension between these principles in Kireeva v Bedzhamov [2024] UKSC 39
('Kireeva').
This article discusses certain aspects of English law for general informational purposes only. However, Harney Westwood & Riegels do not practise English law and the contents should not be construed as legal advice on English law.