Enforcing a United Kingdom Court Judgment in Turkey

To enforce a United Kingdom court judgment in Turkey, a creditor must obtain a separate Turkish court order recognising and permitting enforcement of the foreign judgment. Turkey does not automatically give effect to foreign judgments. The process is governed by the Turkish Private International Law and Procedural Law Act, and the outcome depends on whether the judgment meets a defined set of conditions. This guide explains the legal framework, the step-by-step procedure, realistic timelines and costs, the defences a debtor can raise, and the practical strategies that improve a creditor's chances of success.

Turkey is not a party to any bilateral treaty with the United Kingdom that provides for the mutual recognition and enforcement of civil judgments. Following the United Kingdom's departure from the European Union, the Brussels Recast Regulation no longer applies between the two countries. As a result, the only available route is the domestic Turkish exequatur procedure under the Turkish Private International Law and Procedural Law Act (known by its Turkish abbreviation MÖHUK, Law No. 5718).

Under MÖHUK, a foreign judgment is not self-executing. It must be submitted to a Turkish civil court of first instance, which examines whether the judgment satisfies the statutory conditions for recognition. Only after the Turkish court issues a positive exequatur decision can the creditor use Turkish enforcement channels - such as the enforcement offices (icra müdürlükleri) - to collect the debt, seize assets, or take other enforcement measures against the debtor.

This two-stage structure - first recognition, then enforcement - is a critical distinction that foreign creditors often overlook. Many assume that winning in a UK court is the end of the matter. In practice, the Turkish exequatur stage is a separate legal proceeding that requires its own preparation, documentation, and legal representation.

The Turkish Private International Law and Procedural Law Act sets out the conditions a foreign judgment must satisfy before a Turkish court will recognise it. These conditions are cumulative: failure on any single point is sufficient to refuse recognition.

The key statutory requirements are as follows:

• The foreign judgment must be final and binding (kesinleşmiş) in the country of origin - a UK judgment that is still subject to appeal will not qualify.
• There must be reciprocity between Turkey and the country of origin, either through a treaty or on a de facto basis - Turkish courts have generally accepted that reciprocity exists with the United Kingdom, though this is assessed case by case.
• The subject matter of the judgment must not fall within the exclusive jurisdiction of Turkish courts - disputes involving Turkish immovable property, for example, are excluded.
• The judgment must not violate Turkish public policy (kamu düzeni) - this is the most frequently invoked defence and is discussed in detail below.
• The debtor must have been duly served in the original proceedings and must have had a genuine opportunity to defend - a default judgment obtained without proper service is vulnerable.

A non-obvious requirement is that the Turkish court will also examine whether the UK court had jurisdiction under Turkish conflict-of-laws rules, not merely under UK procedural law. A UK court that assumed jurisdiction on grounds that Turkish private international law would not recognise may see its judgment refused.

Obtaining and authenticating the judgment documents

The creditor must obtain a certified copy of the UK judgment from the issuing court. The document must then be apostilled under the Hague Apostille Convention, to which both the United Kingdom and Turkey are parties. This step confirms the authenticity of the public document and is mandatory. A sworn Turkish translation of the judgment - and of any supporting procedural documents - must be prepared by a certified translator and notarised in Turkey.

In practice, founders and creditors should consider engaging a Turkish notary-approved translator early, as translation quality is scrutinised by the court. A common mistake is submitting a translation that is accurate but not formally certified in the manner Turkish courts require, which causes delays and additional cost.

Filing the exequatur application

The application is filed with the Turkish civil court of first instance (asliye hukuk mahkemesi) at the place of the debtor's domicile or, if the debtor has no domicile in Turkey, at the place where the debtor's assets are located. The application must include the apostilled and translated judgment, evidence that the judgment is final, and a petition setting out the legal basis for recognition under MÖHUK.

The court will serve the application on the debtor, who has the right to respond and raise objections. The debtor does not have the right to relitigate the merits of the underlying dispute - the Turkish court does not retry the case - but the debtor may challenge the procedural and substantive conditions for recognition.

The court hearing and decision

Turkish exequatur proceedings are adversarial. The court will schedule hearings, consider written submissions from both sides, and may request additional documentation. The judge examines the statutory conditions independently, even if the debtor raises no objection.

If the court is satisfied that all conditions are met, it issues an exequatur decision (tanıma ve tenfiz kararı). This decision itself becomes a Turkish court order. If the court refuses, the creditor may appeal to the regional court of appeal (Bölge Adliye Mahkemesi) and, ultimately, to the Court of Cassation (Yargıtay).

Enforcement after recognition

Once the exequatur decision is final, the creditor files it with the relevant enforcement office. Turkish enforcement law then applies in full: the creditor can request asset searches, bank account freezes, wage garnishments, and the seizure and sale of movable or immovable property. The enforcement office issues a payment order to the debtor, who has a short window to pay or raise limited objections specific to the enforcement stage.

If you are preparing an exequatur application or need to assess the strength of a UK judgment before committing to Turkish proceedings, contact info@vlolawfirm.com. We can assist with documents, filings, and pre-litigation asset analysis.

Timeline

The exequatur stage typically takes between six and eighteen months in Turkish courts of first instance, depending on the court's caseload, the complexity of the case, and whether the debtor actively contests the application. Courts in major commercial centres such as Istanbul and Ankara tend to have heavier dockets, which can extend timelines. An uncontested application in a smaller jurisdiction may conclude more quickly.

If the debtor appeals an adverse first-instance decision, the process extends by a further six to twelve months at the regional appeal level. A further cassation appeal adds additional time. Creditors should plan for a realistic total timeline of one to three years from filing to a final, enforceable Turkish decision in a contested case.

Costs

State court fees in Turkey are calculated as a proportion of the claim value and are set by the Court Fees Act (Harçlar Kanunu). For a substantial commercial judgment, these fees can represent a meaningful upfront cost. Professional fees for Turkish legal counsel vary with the complexity of the matter and the seniority of the firm engaged; for a contested exequatur proceeding, professional fees typically start from the low thousands of euros and can rise significantly for high-value or complex disputes.

Translation and apostille costs add a further layer of expense. Creditors should also budget for enforcement-stage costs - enforcement office fees, asset search fees, and potential costs of seizure proceedings - which are separate from the exequatur costs.

Many creditors underestimate the total cost of the Turkish enforcement process when compared with the value of the judgment. A preliminary cost-benefit analysis is strongly recommended before commencing proceedings.

Public policy objection

The public policy defence is the broadest and most frequently raised objection in Turkish exequatur proceedings. Turkish courts interpret public policy as encompassing fundamental principles of Turkish law, constitutional rights, and basic procedural fairness. A UK judgment that awards punitive damages, for example, may face scrutiny because Turkish law does not recognise punitive damages as a concept. Similarly, a judgment based on a contractual clause that Turkish law would consider void may be challenged.

In practice, Turkish courts apply the public policy exception narrowly in straightforward commercial disputes. However, in cases involving family law, employment, or consumer rights, the exception is applied more broadly.

Lack of proper service

If the debtor was not properly served in the UK proceedings - particularly if service was effected by a method that Turkish courts consider inadequate for a Turkish-domiciled defendant - the recognition application may be refused. This is a significant risk in cases where the UK claimant served the defendant by an alternative method or where the defendant was served abroad without following the Hague Service Convention procedures.

Exclusive jurisdiction of Turkish courts

Disputes involving Turkish immovable property, certain intellectual property registrations, and matters reserved to Turkish courts by statute cannot be the subject of a foreign judgment recognised in Turkey. A creditor whose UK judgment touches on such matters should seek Turkish legal advice before filing.

Res judicata and pending proceedings

If a Turkish court has already decided the same dispute between the same parties, or if Turkish proceedings are pending on the same subject matter, the exequatur application may be refused or stayed.

Scenario one: a commercial contract dispute

A UK-based supplier obtains a judgment against a Turkish distributor for unpaid invoices. The contract was governed by English law and contained an English jurisdiction clause. The Turkish distributor has assets - bank accounts and warehouse stock - in Istanbul.

In this scenario, the creditor has a strong starting position. The UK court had jurisdiction by agreement, the subject matter is a straightforward commercial debt, and there is no public policy issue. The creditor should move quickly to file the exequatur application and simultaneously consider applying for a precautionary attachment (ihtiyati haciz) over the debtor's Turkish assets to prevent dissipation while the exequatur proceedings are ongoing. Turkish law permits precautionary attachment in support of a foreign judgment, though the conditions are strict and a bond may be required.

Scenario two: a default judgment against an absent defendant

A UK company obtains a default judgment against a Turkish individual who did not appear in the UK proceedings. The individual claims they were never properly served.

This scenario is more difficult. The Turkish court will scrutinise the service record carefully. If service was effected by a method that the Turkish court considers insufficient - for example, by post to an address the defendant had vacated - the recognition application is at risk. The creditor should gather all evidence of service attempts and consider whether the UK judgment can be supplemented with additional procedural documentation. In some cases, it may be more efficient to commence fresh Turkish proceedings on the underlying claim rather than pursue the exequatur route.

In practice, creditors should consider obtaining a legal opinion on the enforceability of a UK judgment in Turkey before the UK proceedings are even concluded. Structuring the UK litigation with Turkish enforcement in mind - ensuring proper service, clear jurisdiction grounds, and a judgment that avoids elements likely to trigger the public policy exception - can significantly improve the outcome.

Does Turkey recognise UK judgments automatically after Brexit?

No. Turkey was never part of the EU enforcement framework, so Brexit did not change the position. Turkish courts have always required a domestic exequatur procedure for UK judgments. The absence of a bilateral treaty means that recognition depends entirely on the conditions set out in MÖHUK, including the case-by-case assessment of reciprocity. Turkish courts have generally accepted that reciprocity exists with the United Kingdom, but this is not guaranteed and should be confirmed with Turkish counsel before commencing proceedings.

How long does the enforcement process take, and what does it cost?

An uncontested exequatur application in a Turkish court of first instance may conclude in six to nine months. A contested case, particularly one that proceeds through appeal stages, can take two to three years or longer. Costs include state court fees calculated on the claim value, professional fees for Turkish legal counsel starting from the low thousands of euros for straightforward matters, and translation and apostille costs. Enforcement-stage costs are additional. The total investment can be substantial relative to smaller judgment values, so a cost-benefit assessment before filing is essential.

What happens if the Turkish court refuses to recognise the UK judgment?

A refusal at first instance can be appealed to the regional court of appeal and then to the Court of Cassation. If all appeal routes are exhausted and recognition is refused, the creditor's options are to commence fresh proceedings in Turkey on the underlying claim - subject to limitation periods and jurisdictional rules - or to seek enforcement in a third country where the debtor has assets. In some cases, a refusal on procedural grounds (such as defective service) can be remedied by returning to the UK court to regularise the procedural record and then re-filing the exequatur application.

Enforcing a United Kingdom court judgment in Turkey is a structured but demanding process. Success depends on satisfying the conditions of MÖHUK, presenting well-authenticated documents, and anticipating the defences a debtor is likely to raise. Early preparation - including proper service in the UK proceedings and a pre-enforcement asset analysis in Turkey - materially improves the outcome.

VLO Law Firm advises international clients on judgment enforcement in Turkey and cross-border litigation strategy. We can assist with exequatur applications, document authentication, precautionary attachment proceedings, and post-recognition enforcement. To request a consultation, contact: info@vlolawfirm.com