Koza Ltd & Anor v Akcil & Ors [2018] EWHC 384 (Ch) (26 February 2018)

Koza Ltd & Anor v Akcil & Ors [2018] EWHC 384 (Ch) (26 February 2018)

There is good reason for alternative service under CPR 6.15 due to risk of obstruction and delay by Turkish authorities, particularly given the involvement of the Ministry of Justice and allegations of abuse; the test for alternative service in Hague Convention cases is 'good reason', not necessarily 'exceptional circumstances', but the circumstances here are sufficiently compelling.

Citation
[2018] EWHC 384 (Ch)
Parties
Claimant: Koza Ltd; Claimant: Akin Ipek; Defendant: Mustafa Akcil; Proposed Defendant: SDIF; Proposed Defendants: Directors of Koza Altin (8th to 14th defendants); Solicitors for Defendants: Mishcon de Reya LLP
Jurisdiction
England and Wales
Judgment Date
26 February 2018
Procedural Posture
Application for Alternative Service and Joinder of Parties / Interlocutory Hearing on Service of Application Notice
Outcome
Application for alternative service granted
Legal Topics
Service of Documents, Alternative Service, Hague Convention, Joinder of Parties
Civil Procedure Service of Documents Alternative Service Hague Convention Joinder of Parties

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Parties

Koza Ltd

Claimant

Akin Ipek

Claimant

Mustafa Akcil

Defendant

SDIF

Proposed Defendant

Directors of Koza Altin (8th to 14th defendants)

Proposed Defendants

Mishcon de Reya LLP

Solicitors for Defendants

Procedural Posture

Application for Alternative Service and Joinder of Parties / Interlocutory Hearing on Service of Application Notice

Legal Issues

  1. 1 Whether CPR 6.15 applies to application notices as well as claim forms
  2. 2 Whether CPR 6.15 applies to service out of jurisdiction where permission is not required
  3. 3 What legal test applies for alternative service in Hague Convention cases

Ratio Decidendi

There is good reason for alternative service under CPR 6.15 due to risk of obstruction and delay by Turkish authorities, particularly given the involvement of the Ministry of Justice and allegations of abuse; the test for alternative service in Hague Convention cases is 'good reason', not necessarily 'exceptional circumstances', but the circumstances here are sufficiently compelling.

Court Disposition

Application for alternative service granted

Orders

  • Order for alternative service on SDIF by courier/post at Turkish address
  • Order for alternative service on directors of Koza Altin via Mishcon de Reya at London offices