Koza Ltd & Anor v Akcil & Ors [2017] EWCA Civ 1609 (18 October 2017)

Koza Ltd & Anor v Akcil & Ors [2017] EWCA Civ 1609 (18 October 2017)

The proceedings as a whole are principally concerned with the validity of decisions of an organ of Koza Limited, thus falling within Article 24(2) of the Recast Judgments Regulation. The issues are inextricably linked and cannot be severed for jurisdictional purposes. Koza Altin did not submit unequivocally to the jurisdiction by counterclaiming. The judge's decision to adjourn rather than dismiss the strike out application was a proper case management decision.

Citation
[2017] EWCA Civ 1609
Parties
Claimant/respondent: Koza Limited; Claimant/respondent: Hamdi Akin Ipek; Defendant/appellant: Mustafa Akcil; Defendant/appellant: Hayrullah Dagistan; Defendant/appellant: Mahmut Hikmet Keles; Defendant/appellant: Hamza Yanik; Defendant/appellant: Arif Yalcin; Defendant/appellant: Koza Altin Isletmeleri AS
Jurisdiction
England and Wales
Judgment Date
18 October 2017
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Permission to Appeal and Substantive Appeal
Outcome
Appeal dismissed
Legal Topics
Jurisdiction Under EU Regulation 1215/2012 (recast Judgments Regulation), Exclusive Jurisdiction Over Company Law Matters, Validity of Company Decisions, Recognition of Foreign Authority, Procedural Submissions and Strike Out Applications
Civil Procedure Company Law Private International Law Jurisdiction Under EU Regulation 1215/2012 (recast Judgments Regulation) Exclusive Jurisdiction Over Company Law Matters Validity of Company Decisions Recognition of Foreign Authority Procedural Submissions and Strike Out Applications

Case Brief

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Parties

Koza Limited

Claimant/respondent

Hamdi Akin Ipek

Claimant/respondent

Mustafa Akcil

Defendant/appellant

Hayrullah Dagistan

Defendant/appellant

Mahmut Hikmet Keles

Defendant/appellant

Hamza Yanik

Defendant/appellant

Arif Yalcin

Defendant/appellant

Koza Altin Isletmeleri AS

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the proceedings fall within Article 24(2) of the Recast Judgments Regulation (exclusive jurisdiction for company matters)
  2. 2 Whether Koza Altin submitted to the jurisdiction by counterclaiming
  3. 3 Whether the judge erred in refusing to dismiss the strike out application

Ratio Decidendi

The proceedings as a whole are principally concerned with the validity of decisions of an organ of Koza Limited, thus falling within Article 24(2) of the Recast Judgments Regulation. The issues are inextricably linked and cannot be severed for jurisdictional purposes. Koza Altin did not submit unequivocally to the jurisdiction by counterclaiming. The judge's decision to adjourn rather than dismiss the strike out application was a proper case management decision.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed on all grounds