Enforcement proceedings on defendant outside jurisdiction

Demirel v Tasarruf Mevduati Sigorta Fonu [2007] EWCA Civ 799 (July); [2007] 2 Lloyd’s Law Rep 440 (November)

TMSF obtained three judgments in the Turkish courts against Mr Demirel in relation to the collapse of three Turkish banks. In December 2005, the English court gave permission to serve Mr Demirel with the proceedings out of the jurisdiction and granted a world-wide freezing injunction. The grounds of jurisdiction relied upon where (a) CPR rule 6.20(9) that a claim was made to enforce a judgment; and (b) CPR rule 6.20(4) that a claim was made for an interim remedy under s25(1) of the Civil Jurisdiction and Judgments Act 1982. Mr Demirel applied pursuant to CPR Part 11 for, inter alia, a declaration that the court had no jurisdiction to try the claim or should not exercise any such jurisdiction, an order that the claim form be set aside and/or that service of the claim form be set aside, discharge of the order granting permission to serve out of the jurisdiction and discharge of the freezing injunction.