Koza Ltd & Anor v Akcil & Ors

There is good reason, amounting to exceptional circumstances, to permit alternative service due to the risk that service via the Hague Convention route through Turkish authorities may be obstructed or unduly delayed, prejudicing the claimants; CPR 6.15 applies to application notices and to service out cases where permission is not required.

Parties: Claimant: Koza Ltd; Claimant: Akin Ipek; Defendant: Mustafa Akcil; Proposed Defendant: SDIF; Proposed Defendants: Koza Altin directors (8th to 14th defendants)
Jurisdiction: England and Wales
Judgment Date: 26 February 2018
Procedural Posture: Civil / Interlocutory Application for Alternative Service
Outcome: Application for alternative service granted
Legal Topics: Service of Process, Alternative Service, Hague Convention, Joinder of Parties

Civil Procedure Service of Process Alternative Service Hague Convention Joinder of Parties

Case Brief

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Parties

Koza Ltd

Claimant

Akin Ipek

Claimant

Mustafa Akcil

Defendant

SDIF

Proposed Defendant

Koza Altin directors (8th to 14th defendants)

Proposed Defendants

Procedural Posture

Civil / Interlocutory Application for Alternative Service

Legal Issues

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

Ratio Decidendi

Court Disposition

Application for alternative service granted

Orders

Order for alternative service to SDIF and proposed defendants by private courier or post at specified address in Turkey
Order for alternative service on Koza Altin directors via Mishcon de Reya as solicitors