Isbilen v Selman Turk & Ors [2024] EWHC 505 (Ch) (05 March 2024)

Isbilen v Selman Turk & Ors [2024] EWHC 505 (Ch) (05 March 2024)

Mr Turk breached the proprietary disclosure obligations of the freezing order by failing to disclose the current status and whereabouts of traceable proceeds of Mrs Işbilen's assets to the best of his knowledge and ability. His subjective lack of understanding and ADHD do not excuse the breach; the obligation is assessed objectively. The breaches constitute contempt of court, subject to sentencing considerations regarding contumaciousness.

Citation
[2024] EWHC 505 (Ch)
Parties
Claimant: Nebahat Evyap Işbilen; First Defendant: Selman Turk; Second Defendant: SG Financial Group Ltd; Third Defendant: Barton Group Holdings Ltd; Fourth Defendant: Sentinel Global Asset Management Ltd; Fifth Defendant: Sentinel Global Partners Ltd; Sixth Defendant: AET Global DMCC
Jurisdiction
England and Wales
Judgment Date
05 March 2024
Procedural Posture
Application to Commit for Contempt / Judgment on Committal Application
Outcome
Application for committal for contempt granted against Mr Turk.
Legal Topics
Freezing Orders, Disclosure Obligations, Contempt of Court, Tracing of Assets, Breach of Fiduciary Duty
Civil Procedure Equity Fraud Asset Recovery Freezing Orders Disclosure Obligations Contempt of Court Tracing of Assets +1 more

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Parties

Nebahat Evyap Işbilen

Claimant

Selman Turk

First Defendant

SG Financial Group Ltd

Second Defendant

Barton Group Holdings Ltd

Third Defendant

Sentinel Global Asset Management Ltd

Fourth Defendant

Sentinel Global Partners Ltd

Fifth Defendant

AET Global DMCC

Sixth Defendant

Procedural Posture

Application to Commit for Contempt / Judgment on Committal Application

Legal Issues

  1. 1 Whether Mr Turk breached disclosure obligations under a proprietary freezing order
  2. 2 Whether failures to disclose constitute contempt of court
  3. 3 Interpretation of 'Traceable Proceeds' and scope of disclosure

Ratio Decidendi

Mr Turk breached the proprietary disclosure obligations of the freezing order by failing to disclose the current status and whereabouts of traceable proceeds of Mrs Işbilen's assets to the best of his knowledge and ability. His subjective lack of understanding and ADHD do not excuse the breach; the obligation is assessed objectively. The breaches constitute contempt of court, subject to sentencing considerations regarding contumaciousness.

Court Disposition

Application for committal for contempt granted against Mr Turk.

Orders

  • Mr Turk found in contempt for breaches of proprietary disclosure obligations under the freezing order.
  • Sentencing to be determined in accordance with degree of contumaciousness and mitigating factors.