Nebahat Evyap Isbilen v Selman Turk & Ors

Nebahat Evyap Isbilen v Selman Turk & Ors

Deliberate breaches of disclosure obligations under a freezing order constitute contempt of court regardless of subjective understanding or advice; director liability attaches for company breaches if reasonable steps are not taken; penal notice defects may be waived if no injustice; immediate custodial sentence is appropriate for serious, unpurged contempt, but suspension may be granted for strong personal mitigation.

Parties
Claimant/respondent: Nebahat Evyap İşbilen; Defendant/appellant: Selman Turk; Defendant: SG Financial Group Limited; Defendant: Barton Group Holdings Limited; Defendant: Sentinel Global Asset Management Inc; Defendant: Sentinel Global Partners Limited; Defendant: AET Global DMCC; Defendant: Forten Holdings Limited; Defendant: Forten Limited; Defendant: Heyman AI Limited; Defendant: Gary Bernard Lewis
Jurisdiction
England and Wales
Judgment Date
22 May 2024
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Committal for Contempt
Outcome
Appeal allowed in part; sentence suspended for three months; otherwise dismissed; cross-appeal refused.
Legal Topics
Committal for Contempt, Disclosure Obligations, Freezing Orders, Director Liability, Penal Notice Requirements, Sanctions for Contempt
Civil Procedure Contempt of Court Company Law Committal for Contempt Disclosure Obligations Freezing Orders Director Liability Penal Notice Requirements +1 more

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Parties

Nebahat Evyap İşbilen

Claimant/respondent

Selman Turk

Defendant/appellant

SG Financial Group Limited

Defendant

Barton Group Holdings Limited

Defendant

Sentinel Global Asset Management Inc

Defendant

Sentinel Global Partners Limited

Defendant

AET Global DMCC

Defendant

Forten Holdings Limited

Defendant

Forten Limited

Defendant

Heyman AI Limited

Defendant

Gary Bernard Lewis

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Committal for Contempt

Legal Issues

  1. 1 Whether the trial was unfair due to ADHD and procedural adjustments
  2. 2 Whether breach of disclosure order constitutes contempt
  3. 3 Whether breaches were deliberate

Ratio Decidendi

Deliberate breaches of disclosure obligations under a freezing order constitute contempt of court regardless of subjective understanding or advice; director liability attaches for company breaches if reasonable steps are not taken; penal notice defects may be waived if no injustice; immediate custodial sentence is appropriate for serious, unpurged contempt, but suspension may be granted for strong personal mitigation.

Court Disposition

Appeal allowed in part; sentence suspended for three months; otherwise dismissed; cross-appeal refused.

Orders

  • Term of imprisonment suspended for three months from judgment date; activation if substantial non-compliance persists.
  • Permission to cross-appeal refused.