Isbilen v Turk & Ors [2023] EWHC 2865 (Ch) (14 November 2023)

Isbilen v Turk & Ors [2023] EWHC 2865 (Ch) (14 November 2023)

Default judgment granted against AET Global Partners Ltd, Sentinel Global Partners Ltd, and Barton Group Holdings for declarations of Mrs Isbilen's beneficial entitlement to funds received or traceable proceeds, as pleadings justify relief. Default judgment for other 'shopping list' remedies declined as inappropriate. Deceit claim against SGP inadequately pleaded, so default judgment refused for that head. Summary judgment for undue influence against Mr Turk refused; material disputes exist regarding relationship, vulnerability, and understanding, requiring trial.

Citation
[2023] EWHC 2865 (Ch)
Parties
Claimant: Nebahat Evyap Isbilen; First Defendant: Selman Turk; Sixth Defendant: AET Global Partners Ltd; Fifth Defendant: Sentinel Global Partners Ltd; Third Defendant: Barton Group Holdings
Jurisdiction
England and Wales
Judgment Date
14 November 2023
Procedural Posture
Civil Chancery Division / Application for Default Judgment and Summary Judgment
Outcome
Default judgment granted in part; summary judgment refused.
Legal Topics
Default Judgment, Summary Judgment, Breach of Fiduciary Duty, Undue Influence, Deceit, Knowing Receipt, Restitution, Unjust Enrichment
Civil Procedure Equity Restitution Fraud Default Judgment Summary Judgment Breach of Fiduciary Duty Undue Influence +3 more

Case Brief

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Parties

Nebahat Evyap Isbilen

Claimant

Selman Turk

First Defendant

AET Global Partners Ltd

Sixth Defendant

Sentinel Global Partners Ltd

Fifth Defendant

Barton Group Holdings

Third Defendant

Procedural Posture

Civil Chancery Division / Application for Default Judgment and Summary Judgment

Legal Issues

  1. 1 Entitlement to default judgment against corporate defendants for receipt of funds
  2. 2 Entitlement to summary judgment against Mr Turk for undue influence
  3. 3 Adequacy of pleadings for deceit and restitution claims

Ratio Decidendi

Default judgment granted against AET Global Partners Ltd, Sentinel Global Partners Ltd, and Barton Group Holdings for declarations of Mrs Isbilen's beneficial entitlement to funds received or traceable proceeds, as pleadings justify relief. Default judgment for other 'shopping list' remedies declined as inappropriate. Deceit claim against SGP inadequately pleaded, so default judgment refused for that head. Summary judgment for undue influence against Mr Turk refused; material disputes exist regarding relationship, vulnerability, and understanding, requiring trial.

Court Disposition

Default judgment granted in part; summary judgment refused.

Orders

  • Declaration that Mrs Isbilen is beneficially entitled to funds received by AET Global Partners Ltd, Sentinel Global Partners Ltd, and Barton Group Holdings or their traceable proceeds.
  • Default judgment against AET Global Partners Ltd, Sentinel Global Partners Ltd, and Barton Group Holdings for declaration only.