Enforcement of British Court Decisions in Türkiye

Entrance

With the impact of globalization, it has become commonplace for individuals and companies to establish legal relationships with different countries. For example, a person living in Türkiye filing for divorce in England, a commercial dispute between two companies being heard in London, or a compensation ruling in England affecting assets located in Türkiye are all frequently encountered situations in practice. However, a decision by a foreign court cannot be automatically enforced in another country. Each state exercises its jurisdiction within its own sovereign territory and determines, within the framework of its domestic law, the conditions under which decisions by foreign courts become binding within its borders.

Therefore, for a court decision issued in England to have legal effect or be enforceable in Türkiye, certain procedures must be followed. In Turkish law, this process is called "enforcement." Thanks to the enforcement decision, a foreign court judgment becomes enforceable in Türkiye and can be enforced, if necessary, through compulsory execution.

Given the increasing trade relations between the UK and Turkey, the rise in international investments, and the increasing number of Turkish citizens living abroad, the implementation of British court decisions in Türkiye has become a significant legal issue.

What is Enforcement?

Enforcement is the process by which a final judgment issued by a foreign court is deemed appropriate by a Turkish court and made enforceable in Türkiye.

In other words, in order to benefit in Türkiye from the results of a case won in a foreign court, an enforcement order from a Turkish court is required. Without this order, it is not possible to carry out seizure procedures, initiate enforcement proceedings, or demand the execution of a judgment in Türkiye based on a foreign court ruling.

The institution of enforcement is of great importance in ensuring legal certainty in international legal relations. Otherwise, individuals may have to file lawsuits again in different countries for the same dispute, which can lead to significant losses in terms of both time and money.

Does a court decision issued in England automatically become valid in Türkiye?

The answer to that question is a clear no.

A court decision in England, even if final, cannot be directly enforced in Türkiye. For example, a debt collection case in London may result in a payment order in favor of the plaintiff. However, if the debtor's assets are located in Türkiye, this decision cannot be directly presented to Turkish enforcement offices to initiate seizure proceedings.

Similarly, in order for decisions regarding alimony, monetary compensation, moral damages, or contractual claims awarded in England to be enforceable in Türkiye, an enforcement order must first be obtained.

This rule is based on the principle of state sovereignty. Each state recognizes the legal effect of foreign court decisions only to the extent permitted by law within its own borders.

Applicable Law in the Enforcement of English Court Judgments

The fundamental regulation concerning the enforcement of judgments rendered by British courts in Türkiye is found in Law No. 5718 on International Private Law and Procedural Law.

When evaluating a request for enforcement, a Turkish court primarily examines whether the conditions stipulated in the law have been met. In addition, international conventions to which Türkiye is a party, or special agreements in force between the two states, may also be taken into consideration depending on the specific circumstances of the case.

The UK's departure from the European Union has not changed the fundamental enforcement system applied in Türkiye. Even today, in order for judgments issued by UK courts to be enforceable in Türkiye, an enforcement order must be obtained from a Turkish court.

Which English court judgments are enforceable?

Not every foreign court decision is enforceable. The nature of the decision plays a decisive role in this regard.

Generally, decisions that fall within the realm of private law and are enforceable can be subject to enforcement.

Examples of these include:

• Commercial receivables lawsuits,
• Disputes arising from the contract,
• Decisions regarding material and moral damages,
• Alimony provisions,
• Commercial lawsuits between companies,
• Some decisions arising from inheritance law,
• Provisions with an enforcement nature regarding custody can be cited.

In contrast, prison sentences handed down by criminal courts, administrative sanctions, tax penalties, and many decisions concerning the sovereign authority of the state are not subject to enforcement.

Therefore, before filing a request for enforcement, it must be assessed whether the decision is enforceable under Turkish law.

Conditions for Enforcement of English Court Judgments

Turkish courts do not automatically accept every foreign court decision. Several conditions stipulated by law must be met simultaneously.

The Decision Has Been Final

The first requirement for enforcement to be possible is that the decision rendered by the English court must be final.

It is not possible to issue an enforcement order for decisions that are still at the appeal stage or that have not yet become a final judgment.

The finality of a decision is determined according to the law of the country where the decision was rendered. Therefore, a Turkish court will evaluate the decision by examining documents demonstrating that it has become final according to English law.

The decision relates to a legal dispute

The institution of enforcement was primarily established for private law disputes.

Therefore, while decisions arising from debt law, commercial law, family law, or inheritance law may be enforceable, many decisions relating to public law are not evaluated within the same scope.

Principle of Reciprocity

One of the important elements in terms of enforcement is the principle of reciprocity.

Reciprocity means that Turkish court decisions can also have legal effect in England under similar conditions.

The purpose of this principle is to maintain legal balance between states and to prevent the unilateral enforcement of foreign court judgments.

Reciprocity may arise from international agreements, legal regulations, or actual practice. The court assesses whether this condition is met based on the specific circumstances of the case.

Not Clearly Contrary to Turkish Public Order

One of the most important criteria in enforcement review is public order.

If the enforcement of a foreign court decision clearly conflicts with the fundamental principles of the Turkish legal system, the court may reject the enforcement request.

However, it is important to note that not every difference in legal framework means a violation of public order.

Turkish courts only refuse enforcement of judgments on the grounds of public order in cases that severely violate fundamental rights and freedoms or that produce results clearly contrary to the indispensable principles of the rule of law.

The Right to Defense Has Been Protected

For the enforcement request to be accepted, the defendant must not have been deprived of their right to defense during the trial.

For example, if the defendant has never been served with the lawsuit, has not been notified of the hearing, or has been effectively deprived of the opportunity to defend themselves, a Turkish court may reject the enforcement request.

Conversely, the defendant's voluntary failure to participate in the proceedings or present a defense does not, in itself, constitute an obstacle to enforcement. What matters is that the defendant has been given the necessary legal means to exercise their right to defense.

How to File an Enforcement Proceeding?

For a judgment rendered by a British court to be enforceable in Türkiye, an enforcement action must be filed with the competent Turkish court. This action is not aimed at reconsidering the foreign court judgment. The Turkish court's role is not to decide whether the judgment is right or wrong, but only to examine whether the conditions for enforcement stipulated by law have been met.

The person requesting enforcement may be a natural or legal person who has a right in their favor as a result of a foreign court decision. In addition, heirs or legal representatives with a legal interest may also file a lawsuit if the necessary conditions are met.

The lawsuit is initiated by preparing a petition. The petition must clearly state which country's court issued the foreign court decision, the date of the decision, its finality status, which part of the decision is sought to be enforced, and the legal grounds for the claim.

After evaluating the documents submitted to the court and the statements of the parties, the court will decide whether the conditions for enforcement exist.

Competent and Authorized Court

In English courts, the competent court for the enforcement of judgments is, as a rule, the District Court. However, if the dispute arises from family law, the competent court may also be the Family Court.

Regarding jurisdiction, the law adopts a specific order. Accordingly, the case;

• In the court of the defendant's place of residence in Türkiye,
• If the defendant does not have a place of residence, the case shall be heard in the court of the place where they are actually located in Türkiye
• If the competent court cannot be determined in this way, the case can be filed in one of the courts in Ankara, Istanbul, or Izmir.

Correctly determining the competent court is important for procedural efficiency. Cases filed in the wrong court can be prolonged due to jurisdictional objections, leading to a loss of time for the parties involved.

Documents Required to be Submitted in Enforcement Proceedings

In order for the court to conduct a review in an enforcement case, certain documents must be submitted to the file in their entirety.

The main ones are as follows:

• The original or a duly certified copy of the English court decision,
• The document showing that the decision is final
• Turkish translations of the documents,
• Duly certified copies of the translations,
• The parties' identity and address information,
• Power of attorney (if the lawsuit is filed through an attorney).

Incomplete or improperly prepared documents may lead the court to request that the deficiencies be rectified. This, in turn, can unnecessarily prolong the judicial process.

Why is an Apostille Certificate Important?

In order for official documents issued abroad to be used in Türkiye, their authenticity often needs to be verified.

Since both the UK and Türkiye are signatories to the Hague Convention on the Apostille, many official documents issued in the UK can be used in Türkiye with an apostille certification.

An apostille is an international certification process that certifies the authority that issued the document is competent, not that the document's content is accurate.

However, the same procedure may not apply to every document. Therefore, before filing a lawsuit, it is necessary to carefully consider whether the documents to be used are subject to apostille certification.

How are translation processes carried out?

Court decisions written in a foreign language must be translated into Turkish in order to be used in Turkish courts.

It is of utmost importance that these translations are done by individuals familiar with legal terminology. This is because even a minor difference in wording in the decision text can change the nature of the dispute.

Especially in commercial cases, contract terms, interest calculations, compensation amounts, and the court's judgment must be translated completely.

Incomplete or inaccurate translations may lead the court to request additional documents or prolong the trial.

Will the Turkish Court Review the Accuracy of the Decision?

No.

In enforcement proceedings, the Turkish court does not investigate whether the English court applied the law correctly.

For example;

• The evidence was misinterpreted,
• The witness statements were deemed incorrect,
• The expert report is incomplete
• The court incorrectly determined the factual circumstances

Claims of this nature are not examined in enforcement proceedings.

Because an enforcement action is not a second trial.

A Turkish court only assesses whether there is a legal obstacle to the enforcement of a foreign court decision in Türkiye.

This approach is a natural consequence of the principle of "non-examination of the merits of the decision," which is accepted in international private law.

Situations in Which Enforcement of English Court Decisions May Be Refused

Not every foreign court decision can be enforced.

The court may reject the enforcement request if any of the conditions stipulated in the law are not met.

For example;

• The fact that the decision is not yet final,
• The defendant's right to defense has been violated
• The decision is clearly contrary to Turkish public order,
• The fact that a decision has been made on a matter falling within the exclusive jurisdiction of Turkish courts,
• The decision does not relate to a private law dispute

In such cases, the request for enforcement may be rejected.

If the request is denied, the foreign court judgment cannot be enforced in Türkiye.

What happens after the enforcement decision is made?

Once the court issues an enforcement order, the British court judgment becomes enforceable in Türkiye as well.

Following this, the creditor may benefit from the provisions of the Enforcement and Bankruptcy Law, depending on the content of the decision.

For example, if there is a court decision regarding a monetary debt, enforcement proceedings can be initiated. The debtor's bank accounts, movable and immovable property can be seized. Court decisions regarding alimony or compensation can also be enforced in the same way.

Therefore, the enforcement decision is the most important legal step in making a foreign court judgment enforceable in Türkiye.

Common Errors in Practice

One of the most common problems encountered in enforcement cases is missing documents.

Especially;

• Failure to include the confirmation document in the file,
• Incomplete translation of documents,
• Failure to complete the apostille process,
• The information provided by the parties does not match the information in the foreign court decision
• Only a portion of the decision has been translated

Such shortcomings can cause the case to be unnecessarily prolonged.

Another mistake is confusing the concepts of recognition and enforcement. Some people think that a foreign court judgment can be enforced with only a recognition decision. However, for judgments requiring enforcement, such as monetary claims, alimony, or compensation, an enforcement decision is mandatory.

The Supreme Court's Approach to the Issue

An examination of Supreme Court rulings reveals that the principle of not addressing the merits of a foreign court decision in enforcement proceedings has been consistently applied.

The Supreme Court acknowledges that a Turkish judge cannot reassess a foreign court's decision, but can only examine whether the enforcement conditions stipulated in the law have been met.

The Court of Cassation also emphasizes that the concept of public order should be applied exceptionally. Merely producing a different result than in Turkish law is not sufficient grounds for refusing the enforcement of a foreign court decision. The violation of public order must be clear, serious, and of a nature that violates fundamental principles of law.

This approach increases predictability in international legal relations and prevents foreign court judgments from becoming unnecessarily unenforceable.

Conclusion

Judgments rendered by British courts, even if final, do not automatically have legal effect in Türkiye. As a rule, an enforcement order from a Turkish court is required for these judgments to be enforceable in Türkiye.

In enforcement proceedings, the court does not re-examine the correctness or legal validity of a foreign court decision. The review is limited to the fact that the decision has become final, the right to defense has been respected, it does not clearly violate Turkish public order, and other conditions stipulated in the law have been met.

Particularly due to the development of trade relations between the UK and Turkey, the increase in international agreements, and the proliferation of cross-border disputes, the enforcement of British court judgments in Türkiye is gaining increasing importance in practice. To prevent loss of rights, avoid unnecessary delays in the litigation process, and ensure the effective implementation of foreign court judgments in Türkiye, it is crucial that the enforcement process is conducted in accordance with procedural rules.