Isbilen v Turk & Ors [2021] EWHC 3425 (Ch) (20 December 2021)

Isbilen v Turk & Ors [2021] EWHC 3425 (Ch) (20 December 2021)

The claimant's applications to amend pleadings, add new defendants, rely on cross-examination evidence, obtain further disclosure, and alternative service are granted as the amendments have a real prospect of success, are closely tied to the issues, and are necessary for effective resolution. Mr Turk's summary judgment and strike out applications are refused as the claims raise triable issues and cannot be resolved without full disclosure and oral evidence. The court has jurisdiction and grounds to grant further disclosure and alternative service.

Citation
[2021] EWHC 3425 (Ch)
Parties
Claimant: Mrs Nebahat Evyat Isbilen; 1st Defendant: Mr Selman Turk; 2nd Defendant: SG Financial Group Limited; 3rd Defendant: Barton Group Holdings Limited; 4th Defendant: Sentinel Global Asset Management, Inc; 5th Defendant: Sentinel Global Partners Limited; 6th Defendant: AET Global DMCC; Proposed 7th Defendant: Forten Holdings Limited; Proposed 8th Defendant: Forten Limited; Proposed 9th Defendant: Heyman AI Limited; Proposed 10th Defendant: Gary Bernard Lewis
Jurisdiction
England and Wales
Judgment Date
20 December 2021
Procedural Posture
Civil Claim / Interlocutory Applications and Amendments
Outcome
Claimant's applications granted; Defendants' applications refused.
Legal Topics
Amendment of Pleadings, Disclosure, Summary Judgment, Strike Out, Alternative Service, Freezing Order, Undue Influence, Knowing Receipt, Deceit, Fiduciary Duty
Civil Procedure Equity Fraud Asset Recovery Amendment of Pleadings Disclosure Summary Judgment Strike Out +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Mrs Nebahat Evyat Isbilen

Claimant

Mr Selman Turk

1st Defendant

SG Financial Group Limited

2nd Defendant

Barton Group Holdings Limited

3rd Defendant

Sentinel Global Asset Management, Inc

4th Defendant

Sentinel Global Partners Limited

5th Defendant

AET Global DMCC

6th Defendant

Forten Holdings Limited

Proposed 7th Defendant

Forten Limited

Proposed 8th Defendant

Heyman AI Limited

Proposed 9th Defendant

Gary Bernard Lewis

Proposed 10th Defendant

Procedural Posture

Civil Claim / Interlocutory Applications and Amendments

Legal Issues

  1. 1 Whether permission should be granted to amend claim form and particulars of claim
  2. 2 Whether new defendants should be added
  3. 3 Whether claimant may rely on evidence from cross-examination

Ratio Decidendi

The claimant's applications to amend pleadings, add new defendants, rely on cross-examination evidence, obtain further disclosure, and alternative service are granted as the amendments have a real prospect of success, are closely tied to the issues, and are necessary for effective resolution. Mr Turk's summary judgment and strike out applications are refused as the claims raise triable issues and cannot be resolved without full disclosure and oral evidence. The court has jurisdiction and grounds to grant further disclosure and alternative service.

Court Disposition

Claimant's applications granted; Defendants' applications refused.

Orders

  • Permission to amend claim form and particulars of claim granted.
  • Permission to add new defendants granted.