Claim No: CR-2024-004856 - [2025] EWHC 2304 (Ch)
Fecha: 10-Sep-2025
My conclusions on the report
My conclusions on the report
As I have explained, there are a number of flaws and false assumptions in this report. I am entirely sceptical of the figures that emerge. However, I must bear in mind that I am dealing with this matter on the summary basis and there has been no opportunity for Mr Jones to explain his conclusions.
Happily, I am not required to reach a valuation of the A ordinary share in order to determine the Application. It is enough for me to recognise that it is likely that a full determination of the value is likely to reach a conclusion that, as things stand, whilst the Company remains in business and with substantial assets, the share has at least a nuisance value or ransom value of some amount well in excess of £1; it also has a value in the hands of Mr Ipek (if not anyone else) in securing his ability to earn a salary from Koza Ltd.
- Heading
- Introduction This hearing is dealing with an application (the “ Application ”) made by the Petitioner, Koza Altin İşletmeleri A.Ş. (“ Koza Altin ”), for summary judgment on (or alternatively strike out of the defe
- BACKGROUND Parties
- The confiscation of shares in Koza Altin
- The A ordinary share
- The ordinary shareholders’ Article 4 rights
- The 2016 and 2021 Proceedings
- The Interim Regime
- Disputes over the business of Koza Ltd
- SUMMARY OF KOZA ALTIN’S GROUNDS FOR WINDING UP
- LEGAL PRINCIPLES: SUMMARY JUDGMENT
- LEGAL PRINCIPLES: JUST AND EQUITABLE WINDING-UP
- ARE THERE GROUNDS FOR JUST AND EQUITABLE WINDING-UP?
- IS KOZA ALTIN THE 100% ECONOMIC OWNER?
- The dividend yield basis
- The share of net asset basis
- The value of the right to extract value
- Nuisance value
- My conclusions on the report
- DOES KOZA ALTIN HAVE NO CONTROL? The position up to the hearing
- The position following the undertaking given in the course of the hearing
- UNREASONABLE REFUSAL OF AN ALTERNATIVE
- COLLATERAL PURPOSE
- UNCLEAN HANDS
- STRIKE-OUT APPLICATIONS
- Conclusions