Isbilen vTurk & Ors

Isbilen vTurk & Ors

Given Mr Turk's acknowledgment of initial non-compliance, subsequent remedial steps, agreement to cross-examination, and the early stage of proceedings, it would not be proportionate or in accordance with the overriding objective to commence contempt proceedings under CPR 81.6. The continuation of the ex parte orders is appropriate, with cross-examination to proceed by consent and subject to safeguards.

Parties
Applicant / Claimant: Nebahat Evyap İşbilen; First Respondent / First Defendant: Selman Turk; Second Respondent / Second Defendant: SG Financial Group Limited; Third Respondent / Third Defendant: Barton Group Holdings Limited; Fourth Respondent / Fourth Defendant: Sentinel Global Asset Management, Inc; Fifth Respondent / Fifth Defendant: Sentinel Global Partners Limited; Sixth Respondent / Sixth Defendant: AET Global DMCC
Jurisdiction
England and Wales
Judgment Date
09 April 2021
Procedural Posture
Civil (commercial/fiduciary/asset Recovery) / Interlocutory Application; Consideration of Continuation of Ex Parte Orders, Cross Examination, and Possible Contempt Proceedings
Outcome
Continuation of ex parte orders; cross-examination of Mr Turk ordered by consent; no contempt proceedings commenced under CPR 81.6.
Legal Topics
Freezing Orders, Disclosure Orders, Fiduciary Duty, Contempt of Court, Asset Tracing
Civil Procedure Commercial Law Equity and Trusts Freezing Orders Disclosure Orders Fiduciary Duty Contempt of Court Asset Tracing

Case Brief

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Parties

Nebahat Evyap İşbilen

Applicant / Claimant

Selman Turk

First Respondent / First Defendant

SG Financial Group Limited

Second Respondent / Second Defendant

Barton Group Holdings Limited

Third Respondent / Third Defendant

Sentinel Global Asset Management, Inc

Fourth Respondent / Fourth Defendant

Sentinel Global Partners Limited

Fifth Respondent / Fifth Defendant

AET Global DMCC

Sixth Respondent / Sixth Defendant

Procedural Posture

Civil (commercial/fiduciary/asset Recovery) / Interlocutory Application; Consideration of Continuation of Ex Parte Orders, Cross Examination, and Possible Contempt Proceedings

Legal Issues

  1. 1 Whether the ex parte orders (WWFO, Proprietary Injunction, Disclosure Orders) should be continued
  2. 2 Whether Mr Turk should be ordered to attend for cross-examination regarding disclosure
  3. 3 Whether the court should commence contempt proceedings under CPR 81.6

Ratio Decidendi

Given Mr Turk's acknowledgment of initial non-compliance, subsequent remedial steps, agreement to cross-examination, and the early stage of proceedings, it would not be proportionate or in accordance with the overriding objective to commence contempt proceedings under CPR 81.6. The continuation of the ex parte orders is appropriate, with cross-examination to proceed by consent and subject to safeguards.

Court Disposition

Continuation of ex parte orders; cross-examination of Mr Turk ordered by consent; no contempt proceedings commenced under CPR 81.6.

Orders

  • Continuation of World Wide Freezing Order and Proprietary Injunction with supporting disclosure obligations.
  • Mr Turk to attend for cross-examination on disclosure, with advance notice of topics and safeguards as agreed.