Judgment in Almeqham v Belgrave Properties Ltd [2025]
Richard Morgan KC and Duncan McCombe recently appeared in Almeqham v Belgrave Properties Ltd [2025] EWHC 322 (Ch), resulting in an important judgment concerning the Cross Border Insolvency Regulations and service within the jurisdiction.
The case confirms that, as Richard and Duncan argued, in order to seek orders concerning real property in England & Wales a foreign office holder not only requires recognition but also requires specific orders authorising him to administer that property. Without such orders, a foreign office holder’s claim concerning real property will be struck out as a result of the immovables rule recently restated by the Supreme Court in Kireeva v Bedzhamov [2024] UKSC 39. The case is also interesting for taking the view (at least at first instance) that the Economic Crime (Transparency and Enforcement) Act 2022 provides a whole new route for service of proceedings within the jurisdiction outside CPR Part 6.
Richard and Duncan were instructed by Michael Fenn, Kristian Grice and Jasmin Khalifa of Pinsent Masons.
The full judgment is available here