Isbilen v Turk & Ors [2022] EWHC 572 (Ch) (16 March 2022)

Isbilen v Turk & Ors [2022] EWHC 572 (Ch) (16 March 2022)

The court granted the search and imaging order because Mrs Isbilen established a strong prima facie case of fraud and breach of fiduciary duty, the evidence sought was of critical importance, there was a real risk of destruction or concealment by Mr Turk, and the order was proportionate and the least intrusive means to preserve evidence necessary for the claimant's asset tracing and enforcement of the freezing order.

Citation
[2022] EWHC 572 (Ch)
Parties
Claimant: Nebahat Evyap İşbilen; First Defendant: Selman Turk; Second Defendant: SG Financial Group Limited; Third Defendant: Barton Group Holdings Limited; Fourth Defendant: Sentinel Global Asset Management Inc; Fifth Defendant: Sentinel Global Partners Limited; Sixth Defendant: AET Global DMCC; Seventh Defendant: Forten Holdings Limited; Eighth Defendant: Forten Limited (dissolved); Ninth Defendant: Heyman AI Limited (in liquidation); Tenth Defendant: Gary Bernard Lewis
Jurisdiction
England and Wales
Judgment Date
16 March 2022
Procedural Posture
Chancery Division Civil Claim / Interlocutory Application for Search and Imaging Order (without Notice)
Outcome
Search order and imaging order granted against the First Defendant (Mr Turk).
Legal Topics
Search Orders, Imaging Orders, Freezing Orders, Disclosure Obligations, Undue Influence, Breach of Fiduciary Duty
Civil Procedure Fraud Asset Recovery Search Orders Imaging Orders Freezing Orders Disclosure Obligations Undue Influence +1 more

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Parties

Nebahat Evyap İşbilen

Claimant

Selman Turk

First Defendant

SG Financial Group Limited

Second Defendant

Barton Group Holdings Limited

Third Defendant

Sentinel Global Asset Management Inc

Fourth Defendant

Sentinel Global Partners Limited

Fifth Defendant

AET Global DMCC

Sixth Defendant

Forten Holdings Limited

Seventh Defendant

Forten Limited (dissolved)

Eighth Defendant

Heyman AI Limited (in liquidation)

Ninth Defendant

Gary Bernard Lewis

Tenth Defendant

Procedural Posture

Chancery Division Civil Claim / Interlocutory Application for Search and Imaging Order (without Notice)

Legal Issues

  1. 1 Whether the threshold for granting a search order and imaging order is met
  2. 2 Whether there is a strong prima facie case of fraud and breach of fiduciary duty
  3. 3 Whether there is a real risk of destruction or concealment of evidence by the defendant

Ratio Decidendi

The court granted the search and imaging order because Mrs Isbilen established a strong prima facie case of fraud and breach of fiduciary duty, the evidence sought was of critical importance, there was a real risk of destruction or concealment by Mr Turk, and the order was proportionate and the least intrusive means to preserve evidence necessary for the claimant's asset tracing and enforcement of the freezing order.

Court Disposition

Search order and imaging order granted against the First Defendant (Mr Turk).

Orders

  • First Defendant to permit search and imaging of electronic devices and premises as specified in the order.
  • Digital forensic specialist to accompany supervising solicitor during execution of the order.