Koza Ltd & Anor v Akcil & Ors [2018] EWHC 1612 (Ch) (19 June 2018)

Koza Ltd & Anor v Akcil & Ors [2018] EWHC 1612 (Ch) (19 June 2018)

Koza Ltd may not pay Mr Ipek's legal fees for resisting extradition because such payment is not in the ordinary and proper course of business, is not for the company's benefit, and Mr Ipek has sufficient personal resources to fund his own defence.

Citation
[2018] EWHC 1612 (Ch)
Parties
Claimant/respondent: Koza Ltd; Claimant: Hamdi Akin Ipek; Defendant: Mustafa Akcil; Defendant: Hayrullah Dagistan; Defendant: Mahmut Hikmet Keles; Defendant: Hamza Yanik; Defendant: Arif Yalcin; Defendant/applicant: Koza Altin Istemeleri AS
Jurisdiction
England and Wales
Judgment Date
19 June 2018
Procedural Posture
Interlocutory Application in Company Litigation / Application for Permission for Company to Pay Director's Legal Fees
Outcome
Application refused
Legal Topics
Directors' Duties, Company Expenditure, Freezing Orders, Legal Costs, Extradition
Company Law Civil Procedure Directors' Duties Company Expenditure Freezing Orders Legal Costs Extradition

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Parties

Koza Ltd

Claimant/respondent

Hamdi Akin Ipek

Claimant

Mustafa Akcil

Defendant

Hayrullah Dagistan

Defendant

Mahmut Hikmet Keles

Defendant

Hamza Yanik

Defendant

Arif Yalcin

Defendant

Koza Altin Istemeleri AS

Defendant/applicant

Procedural Posture

Interlocutory Application in Company Litigation / Application for Permission for Company to Pay Director's Legal Fees

Legal Issues

  1. 1 Whether Koza Ltd may pay Mr Ipek's legal fees for resisting extradition under the terms of a freezing order and company law principles

Ratio Decidendi

Koza Ltd may not pay Mr Ipek's legal fees for resisting extradition because such payment is not in the ordinary and proper course of business, is not for the company's benefit, and Mr Ipek has sufficient personal resources to fund his own defence.

Court Disposition

Application refused

Orders

  • Koza Ltd is not permitted to pay Mr Ipek's legal fees for resisting extradition.