Nebahat Evyap Işbilen v Selman Turk & Ors

Nebahat Evyap Işbilen v Selman Turk & Ors

Default judgment is granted against AET Global Partners Ltd, Sentinel Global Partners Ltd, and Barton Group Holdings for declarations of the claimant's beneficial entitlement to the disputed funds or their traceable proceeds, as the claims are properly pleaded and service was effective. Relief in the form of a 'shopping list' of alternative remedies is refused as inappropriate. Summary judgment on the undue influence claim against Mr Turk is refused because there are triable issues regarding the nature of the relationship, the claimant's vulnerability, and the factual matrix, which require a full trial. Summary judgment against AET is also refused due to the risk of inconsistent findings...

Parties
Claimant: Nebahat Evyap Işbilen; First Defendant: Selman Turk; Sixth Defendant: AET Global Partners Ltd; Fifth Defendant: Sentinel Global Partners Ltd; Defendant: Barton Group Holdings
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Commercial/chancery / Application for Default Judgment and Summary Judgment
Outcome
Default judgment granted in part; summary judgment refused; directions to be considered for trial.
Legal Topics
Default Judgment, Summary Judgment, Breach of Fiduciary Duty, Undue Influence, Knowing Receipt, Deceit, Restitution, Freezing Orders
Equity and Trusts Civil Procedure Restitution Fraud Default Judgment Summary Judgment Breach of Fiduciary Duty Undue Influence +3 more

Case Brief

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Parties

Nebahat Evyap Işbilen

Claimant

Selman Turk

First Defendant

AET Global Partners Ltd

Sixth Defendant

Sentinel Global Partners Ltd

Fifth Defendant

Barton Group Holdings

Defendant

Procedural Posture

Civil Commercial/chancery / Application for Default Judgment and Summary Judgment

Legal Issues

  1. 1 Whether default judgment should be entered against AET Global Partners Ltd, Sentinel Global Partners Ltd, and Barton Group Holdings for claims based on breach of fiduciary duty, knowing receipt, and restitution
  2. 2 Whether summary judgment should be granted against Selman Turk on the undue influence claim
  3. 3 Whether summary judgment should be granted against AET Global Partners Ltd as an alternative to default judgment

Ratio Decidendi

Default judgment is granted against AET Global Partners Ltd, Sentinel Global Partners Ltd, and Barton Group Holdings for declarations of the claimant's beneficial entitlement to the disputed funds or their traceable proceeds, as the claims are properly pleaded and service was effective. Relief in the form of a 'shopping list' of alternative remedies is refused as inappropriate. Summary judgment on the undue influence claim against Mr Turk is refused because there are triable issues regarding the nature of the relationship, the claimant's vulnerability, and the factual matrix, which require a full trial. Summary judgment against AET is also refused due to the risk of inconsistent findings...

Court Disposition

Default judgment granted in part; summary judgment refused; directions to be considered for trial.

Orders

  • Declaration that the claimant is beneficially entitled to the sums received by AET Global Partners Ltd, Sentinel Global Partners Ltd, and Barton Group Holdings or their traceable proceeds.
  • No order on summary judgment applications against Mr Turk and AET Global Partners Ltd.