Akçil and others v Koza Ltd and another

Akçil and others v Koza Ltd and another

Article 24(2) of the Brussels I Recast Regulation does not confer exclusive jurisdiction on the English courts over the authority claim against Koza Altin and the trustees, as the principal subject matter of that claim concerns the validity of decisions of the organs of a company with its seat outside England. The...

Source-derived case information.

Parties
Appellants: Akçil and others; Respondent: Koza Ltd; Respondent: Koza Altin
Jurisdiction
England and Wales
Judgment Date
29 July 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Jurisdiction, Exclusive Jurisdiction, Brussels I Recast Regulation, Validity of Company Decisions
Private International Law Company Law Jurisdiction Exclusive Jurisdiction Brussels I Recast Regulation Validity of Company Decisions

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Parties

Akçil and others

Appellants

Koza Ltd

Respondent

Koza Altin

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether article 24(2) of the Brussels I Recast Regulation confers exclusive jurisdiction on the English courts over the authority claim against Koza Altin and the trustees
  2. 2 Whether article 24(2) confers exclusive jurisdiction on the English courts over claims against the trustees

Ratio Decidendi

Article 24(2) of the Brussels I Recast Regulation does not confer exclusive jurisdiction on the English courts over the authority claim against Koza Altin and the trustees, as the principal subject matter of that claim concerns the validity of decisions of the organs of a company with its seat outside England. The English courts have jurisdiction under article 24(2) only in respect of the English company law claim concerning Koza Ltd.

Court Disposition

Appeal allowed

Orders

  • The appeals by Koza Altin and the trustees are allowed.
  • The English courts have no jurisdiction under article 24(2) over the trustees in relation to any part of the claims.