Akyuz v Akyuz & Anor

Akyuz v Akyuz & Anor

England is the more appropriate forum for deciding the discrete question of parentage, as only English courts can grant the statutory declaration sought, the DNA evidence is admissible and best tested in England, and key witnesses reside in England. The relief sought in England is distinct from that in Turkey, and the tactical manoeuvre of the estate in Turkey undermines the argument for a stay.

Parties
Applicant: Dilek Akyuz; First Respondent: Kenan Vural Akyuz (deceased, acting by his personal representative Derya Akyuz); Second Respondent: Shaziye Ali Mehmet
Jurisdiction
England and Wales
Judgment Date
25 October 2017
Procedural Posture
Application for Declaration of Parentage / Interlocutory Ruling on Stay/dismissal
Outcome
Application to stay or dismiss English proceedings refused; English proceedings to continue.
Legal Topics
Declaration of Parentage, Forum Non Conveniens, Concurrent Jurisdiction, Inheritance Rights
Family Law Private International Law Declaration of Parentage Forum Non Conveniens Concurrent Jurisdiction Inheritance Rights

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Parties

Dilek Akyuz

Applicant

Kenan Vural Akyuz (deceased, acting by his personal representative Derya Akyuz)

First Respondent

Shaziye Ali Mehmet

Second Respondent

Procedural Posture

Application for Declaration of Parentage / Interlocutory Ruling on Stay/dismissal

Legal Issues

  1. 1 Should the English proceedings for declaration of parentage be stayed or dismissed due to concurrent Turkish proceedings and forum non conveniens?
  2. 2 Is England or Turkey the more appropriate forum for determining the applicant's parentage?

Ratio Decidendi

England is the more appropriate forum for deciding the discrete question of parentage, as only English courts can grant the statutory declaration sought, the DNA evidence is admissible and best tested in England, and key witnesses reside in England. The relief sought in England is distinct from that in Turkey, and the tactical manoeuvre of the estate in Turkey undermines the argument for a stay.

Court Disposition

Application to stay or dismiss English proceedings refused; English proceedings to continue.

Orders

  • Proceedings in England will not be stayed or dismissed.
  • Directions to be given for swift resolution of the English proceedings.