Isbilen v Turk & Ors [2022] EWHC 697 (Ch) (25 March 2022)

Isbilen v Turk & Ors [2022] EWHC 697 (Ch) (25 March 2022)

The search order is continued to allow the supervising solicitor and digital forensic specialist to retain seized documents. Inspection by the claimant is permitted, subject to safeguards for privilege and relevance, due to the claimant's entitlement under a prior disclosure order and the first defendant's apparent breach. Fortification of the claimant's undertaking is varied to allow assets held at Credit Suisse to count, as there is no prejudice to the defendants.

Citation
[2022] EWHC 697 (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
25 March 2022
Procedural Posture
Interim Application (search Order, Inspection, Fortification of Undertaking) / Return Date Hearing on Search Order; Application for Inspection and Variation of Fortification
Outcome
Order granted as sought by the claimant.
Legal Topics
Search Orders, Inspection of Documents, Privilege, Disclosure, Freezing Orders, Fortification of Undertaking, Electronic Document Review
Civil Procedure Asset Freezing Evidence Search Orders Inspection of Documents Privilege Disclosure Freezing Orders +2 more

Case Brief

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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

Interim Application (search Order, Inspection, Fortification of Undertaking) / Return Date Hearing on Search Order; Application for Inspection and Variation of Fortification

Legal Issues

  1. 1 Whether to continue the search order and permit inspection of seized documents
  2. 2 Whether safeguards for privilege and relevance are adequate
  3. 3 Whether to vary the fortification of the claimant's undertaking in damages

Ratio Decidendi

The search order is continued to allow the supervising solicitor and digital forensic specialist to retain seized documents. Inspection by the claimant is permitted, subject to safeguards for privilege and relevance, due to the claimant's entitlement under a prior disclosure order and the first defendant's apparent breach. Fortification of the claimant's undertaking is varied to allow assets held at Credit Suisse to count, as there is no prejudice to the defendants.

Court Disposition

Order granted as sought by the claimant.

Orders

  • Search order continued for retention of seized documents by supervising solicitor and digital forensic specialist.
  • Claimant permitted to inspect seized documents, subject to privilege and relevance safeguards.