DEMIREL V TASARRUF MEVDUATI SIGORTA FONU

[2007] EWCA Civ 799, Court of Appeal, Sir Anthony Clarke MR, Lady Justice Arden and Lord Justice Hooper, 26 July 2007

Conflict of laws – Claimant obtaining three judgments against defendant in Turkey – Claimant seeking permission to serve enforcement proceedings on defendant outside jurisdiction – Whether precondition for grant of permission that defendant possessed assets within the jurisdiction – Civil Procedure Rules 6.20(9) – Forum non conveniens

TMSF a Turkish public legal entity, obtained three judgments in the Turkish courts against Mr Demirel in relation to the collapse of three Turkish banks. The English court gave permission to serve Mr Demirel with the proceedings out of the jurisdiction, and granted a worldwide freezing injunction.  At first instance Lawrence Collins J held that permission to serve should be maintained but that the freezing order would be set aside. Mr Demirel appealed against the assertion of jurisdiction The Court of Appeal held that the appeal would be dismissed. (1) The court had jurisdiction under CPR 6.20(9) (claim made to enforce judgment) to give permission for service abroad whether or not the defendant had assets in the UK. (2) The proceedings would serve a useful purpose. (3) England was an appropriate forum for the enforcement proceedings to take place given that there were benefits to the TMSF.