Demirel v Tasarruf Mevduati Sigorta Fonu [2007] EWCA Civ 799 (26 July 2007)

Demirel v Tasarruf Mevduati Sigorta Fonu [2007] EWCA Civ 799 (26 July 2007)

CPR 6.20(9) does not require assets within the jurisdiction for permission to serve out; court's discretion is sufficient safeguard; claimant must show reasonable prospect of benefit from proceedings; England is proper forum for enforcement action.

Citation
[2007] EWCA Civ 799
Parties
Claimant/respondent: Yahya Murat Demirel; Defendant/appellant: Tasarruf Mevduati Sigorta Fonu
Jurisdiction
England and Wales
Judgment Date
26 July 2007
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed; permission to appeal granted; extension of time granted.
Legal Topics
Enforcement of Foreign Judgments, Service Out of Jurisdiction, Freezing Injunctions, Forum Conveniens
Civil Procedure Private International Law Enforcement of Foreign Judgments Service Out of Jurisdiction Freezing Injunctions Forum Conveniens

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 3 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Yahya Murat Demirel

Claimant/respondent

Tasarruf Mevduati Sigorta Fonu

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether CPR 6.20(9) requires assets within the jurisdiction for permission to serve out
  2. 2 Whether permission to serve out should be refused as serving no useful purpose
  3. 3 Whether England is the proper forum for the claim

Ratio Decidendi

CPR 6.20(9) does not require assets within the jurisdiction for permission to serve out; court's discretion is sufficient safeguard; claimant must show reasonable prospect of benefit from proceedings; England is proper forum for enforcement action.

Court Disposition

Appeal dismissed; permission to appeal granted; extension of time granted.

Orders

  • Extension of time for appeal granted.
  • Permission to appeal granted.