Nebahat Evyap Işbilen v Selman Turk & Ors

Nebahat Evyap Işbilen v Selman Turk & Ors

Mr Turk breached the proprietary disclosure obligations under the freezing order by failing to disclose the fate, purpose, and recipients of multiple asset transfers, including providing false invoices and withholding information. His breaches were deliberate or wilfully blind, not excused by lack of understanding or advice. The order was sufficiently clear and enforceable. Contempt was established beyond reasonable doubt on multiple grounds.

Parties
Claimant: Nebahat Evyap Işbilen; Defendant: Selman Turk; Defendant: SG Financial Group Ltd; Defendant: Barton Group Holdings Ltd; Defendant: Sentinel Global Asset Management Ltd; Defendant: Sentinel Global Partners Ltd; Defendant: AET Global DMCC
Jurisdiction
England and Wales
Judgment Date
03 June 2024
Procedural Posture
Committal Application for Contempt / Judgment on Liability
Outcome
Contempt established against Mr Turk on multiple grounds; no contempt on Bethlehem (Ground 1); penalty to be determined.
Legal Topics
Freezing Orders, Disclosure Obligations, Proprietary Injunctions, Breach of Court Orders, Director Liability, Penal Notice Requirements
Civil Procedure Contempt of Court Asset Tracing Fiduciary Duties Freezing Orders Disclosure Obligations Proprietary Injunctions Breach of Court Orders +2 more

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Parties

Nebahat Evyap Işbilen

Claimant

Selman Turk

Defendant

SG Financial Group Ltd

Defendant

Barton Group Holdings Ltd

Defendant

Sentinel Global Asset Management Ltd

Defendant

Sentinel Global Partners Ltd

Defendant

AET Global DMCC

Defendant

Procedural Posture

Committal Application for Contempt / Judgment on Liability

Legal Issues

  1. 1 Whether Mr Turk breached disclosure obligations under a proprietary freezing order
  2. 2 Whether breaches were contumacious (deliberate or wilfully blind)
  3. 3 Whether the order was sufficiently clear and enforceable

Ratio Decidendi

Mr Turk breached the proprietary disclosure obligations under the freezing order by failing to disclose the fate, purpose, and recipients of multiple asset transfers, including providing false invoices and withholding information. His breaches were deliberate or wilfully blind, not excused by lack of understanding or advice. The order was sufficiently clear and enforceable. Contempt was established beyond reasonable doubt on multiple grounds.

Court Disposition

Contempt established against Mr Turk on multiple grounds; no contempt on Bethlehem (Ground 1); penalty to be determined.

Orders

  • Mr Turk found in contempt for breaches relating to Alphabet transfers, AET Global transfers, SGP transfers, Sphera investments, and Softco payment.
  • Further submissions on penalty and procedural matters to be heard.