Koza Ltd & Anor. v Koza Altin Işletmeleri AS

Koza Ltd & Anor. v Koza Altin Işletmeleri AS

There is no serious issue to be tried as to the authority of the directors of Koza Altin. The authority of the current directors does not derive from the Sûer judgment but from Turkish legislative and executive acts, which the English court will recognise under the foreign act of state doctrine. The exceptions to the doctrine (public policy, grave human rights violations) are not engaged on the facts. The Turkish Constitutional Court and the European Court of Human Rights have reviewed and rejected the claimants' complaints, and there is no serious issue to be tried that the Sûer judgment was corrupt or that the subsequent acts should not be recognised. Permission to serve out of the...

Parties
Claimant/appellant: Koza Ltd; Claimant/appellant: Hamdi Akin Ipek; Defendant/respondent: Koza Altin Isletmeleri AS; Defendant/respondent: Fatin Rüştü Karakaş; Defendant/respondent: Ismail Güler; Defendant/respondent: Enis Güclü Şirin; Defendant/respondent: Ismet Demir; Defendant/respondent: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
07 October 2022
Procedural Posture
Civil Appeal / Appeal From High Court (business and Property Courts) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Recognition of Foreign Judgments, Authority of Company Directors, Jurisdiction and Service Out, Foreign Act of State Doctrine, Public Policy Exception
Private International Law Company Law Civil Procedure Recognition of Foreign Judgments Authority of Company Directors Jurisdiction and Service Out Foreign Act of State Doctrine Public Policy Exception

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Parties

Koza Ltd

Claimant/appellant

Hamdi Akin Ipek

Claimant/appellant

Koza Altin Isletmeleri AS

Defendant/respondent

Fatin Rüştü Karakaş

Defendant/respondent

Ismail Güler

Defendant/respondent

Enis Güclü Şirin

Defendant/respondent

Ismet Demir

Defendant/respondent

Persons Unknown

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (business and Property Courts) to Court of Appeal

Legal Issues

  1. 1 Whether the English court should recognise the authority of Koza Altin's directors appointed under Turkish law and judicial process, alleged to be corrupt
  2. 2 Whether the Sûer judgment and subsequent Turkish legislative/executive acts should be recognised in England
  3. 3 Whether there is a serious issue to be tried justifying service out of the jurisdiction

Ratio Decidendi

There is no serious issue to be tried as to the authority of the directors of Koza Altin. The authority of the current directors does not derive from the Sûer judgment but from Turkish legislative and executive acts, which the English court will recognise under the foreign act of state doctrine. The exceptions to the doctrine (public policy, grave human rights violations) are not engaged on the facts. The Turkish Constitutional Court and the European Court of Human Rights have reviewed and rejected the claimants' complaints, and there is no serious issue to be tried that the Sûer judgment was corrupt or that the subsequent acts should not be recognised. Permission to serve out of the...

Court Disposition

Appeal dismissed

Orders

  • Permission to serve out of the jurisdiction refused
  • Strike out application dismissed