Fonu v Demirel & Anor [2006] EWHC 3354 (Ch) (21 December 2006)

Fonu v Demirel & Anor [2006] EWHC 3354 (Ch) (21 December 2006)

Presence of assets in England is not a pre-condition for jurisdiction to enforce a foreign judgment at common law under CPR 6.20(9). The claim by TMSF is not barred as an attempt to enforce foreign public law because the underlying rights are private law rights vindicated in Turkish civil courts. England is the appropriate forum for enforcement. The freezing injunction should be discharged as there are no assets in England and disclosures have been made.

Citation
[2006] EWHC 3354 (Ch)
Parties
Claimant: Tasarruf Mevduati Sigorta Fonu; First Defendant: Yahya Murat Demirel; Second Defendant: Merrill Lynch International Bank Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Application to Set Aside Service Out of Jurisdiction and Discharge Freezing Injunction / Interlocutory Application
Outcome
Application granted in part; proceedings continue as regards the $30 million judgment; permission to serve out set aside for other judgments; freezing injunction discharged.
Legal Topics
Enforcement of Foreign Judgments, Jurisdiction, Freezing Injunctions, Public Law Exception, Forum Conveniens
Private International Law Civil Procedure Banking Law Enforcement of Foreign Judgments Jurisdiction Freezing Injunctions Public Law Exception Forum Conveniens

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Parties

Tasarruf Mevduati Sigorta Fonu

Claimant

Yahya Murat Demirel

First Defendant

Merrill Lynch International Bank Limited

Second Defendant

Procedural Posture

Application to Set Aside Service Out of Jurisdiction and Discharge Freezing Injunction / Interlocutory Application

Legal Issues

  1. 1 Whether presence of assets in England is a pre-condition for jurisdiction to enforce a foreign judgment under CPR 6.20(9)
  2. 2 Whether the claim is barred as an attempt to enforce foreign public law
  3. 3 Whether England is the proper forum for enforcement

Ratio Decidendi

Presence of assets in England is not a pre-condition for jurisdiction to enforce a foreign judgment at common law under CPR 6.20(9). The claim by TMSF is not barred as an attempt to enforce foreign public law because the underlying rights are private law rights vindicated in Turkish civil courts. England is the appropriate forum for enforcement. The freezing injunction should be discharged as there are no assets in England and disclosures have been made.

Court Disposition

Application granted in part; proceedings continue as regards the $30 million judgment; permission to serve out set aside for other judgments; freezing injunction discharged.

Orders

  • Proceedings to continue as regards the $30 million judgment only.
  • Permission to serve out of the jurisdiction set aside for the other two judgments.