Isbilen v Turk [2025] EWHC 841 (Ch) (08 April 2025)

Isbilen v Turk [2025] EWHC 841 (Ch) (08 April 2025)

Civil contempt proceedings for breach of court orders are 'criminal proceedings' for the purposes of the Recovery Regulations, entitling the Legal Aid Agency to seek an RDCO. The defendant's frozen asset (Pennsylvania property) is a resource of capital nature and must be included in means assessment. Enforcement of...

Source-derived case information.

Citation
[2025] EWHC 841 (Ch)
Parties
Claimant: Nebahat Evyap Isbilen; Defendant: Selman Turk; Intervening Party: Legal Aid Agency
Jurisdiction
England and Wales
Judgment Date
08 April 2025
Procedural Posture
Application for Recovery of Defence Costs Order (rdco) in Civil Contempt Proceedings / Post Committal Judgment, Costs Determination
Outcome
Application granted in principle; RDCO made subject to suspension and liberty to apply.
Legal Topics
Recovery of Defence Costs Orders, Legal Aid in Contempt Proceedings, Means Assessment, Freezing Orders
Civil Procedure Criminal Legal Aid Costs Recovery of Defence Costs Orders Legal Aid in Contempt Proceedings Means Assessment Freezing Orders

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Parties

Nebahat Evyap Isbilen

Claimant

Selman Turk

Defendant

Legal Aid Agency

Intervening Party

Procedural Posture

Application for Recovery of Defence Costs Order (rdco) in Civil Contempt Proceedings / Post Committal Judgment, Costs Determination

Legal Issues

  1. 1 Does the court have jurisdiction to order a Recovery of Defence Costs Order (RDCO) under the Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013 in civil contempt proceedings?
  2. 2 Should the defendant's frozen assets and disputed proprietary claims affect the means assessment for RDCO?
  3. 3 Is it reasonable or does it cause undue hardship to enforce RDCO in these circumstances?

Ratio Decidendi

Civil contempt proceedings for breach of court orders are 'criminal proceedings' for the purposes of the Recovery Regulations, entitling the Legal Aid Agency to seek an RDCO. The defendant's frozen asset (Pennsylvania property) is a resource of capital nature and must be included in means assessment. Enforcement of the RDCO is suspended pending resolution of proprietary claims and the freezing order, with liberty to apply to vary the order if the defendant's equitable interest is reduced.

Court Disposition

Application granted in principle; RDCO made subject to suspension and liberty to apply.

Orders

  • Selman Turk shall contribute £390,000 towards defence costs incurred in the committal proceedings.
  • Enforcement of the RDCO is suspended until the freezing order is lifted and Mrs Isbilen's proprietary claim is determined.