Demirel v Tasarruf Mevduati Sigorta Fonu

Demirel v Tasarruf Mevduati Sigorta Fonu

CPR 6.20(9) does not require the existence of assets within the jurisdiction to permit service out for enforcement of a foreign judgment; the court's discretion should be exercised if there is a reasonable prospect of benefit to the claimant, and England is the proper forum for enforcement of a judgment in England.

Parties
Defendant/appellant: Yahya Murat Demirel; Claimant/respondent: Tasarruf Mevduati Sigorta Fonu (TMSF)
Jurisdiction
England and Wales
Judgment Date
26 July 2007
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; permission to appeal granted out of time
Legal Topics
Service Out of Jurisdiction, Enforcement of Foreign Judgments, Freezing Injunctions, Forum Conveniens, Discretion to Permit Service
Civil Procedure Private International Law Enforcement of Judgments Service Out of Jurisdiction Enforcement of Foreign Judgments Freezing Injunctions Forum Conveniens Discretion to Permit Service

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Parties

Yahya Murat Demirel

Defendant/appellant

Tasarruf Mevduati Sigorta Fonu (TMSF)

Claimant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether CPR 6.20(9) requires assets within the jurisdiction to permit service out of jurisdiction to enforce a foreign judgment
  2. 2 Whether permission to serve out should be refused as serving no useful purpose
  3. 3 Whether England is the proper forum for the claim

Ratio Decidendi

CPR 6.20(9) does not require the existence of assets within the jurisdiction to permit service out for enforcement of a foreign judgment; the court's discretion should be exercised if there is a reasonable prospect of benefit to the claimant, and England is the proper forum for enforcement of a judgment in England.

Court Disposition

Appeal dismissed; permission to appeal granted out of time

Orders

  • Extension of time to appeal granted
  • Permission to appeal granted