Heading

IN THE MATTER OF GERALD MARTIN SMITH
AND IN THE MATTER OF THE CRIMINAL JUSTICE ACT 1988
Royal Courts of Justice
Rolls Building, Fetter Lane,
London, EC4A 1NL
Before :
THE HONOURABLE MR JUSTICE HENSHAW
Between:
(1) THE SERIOUS FRAUD OFFICE
(2) MR JOHN MILSOM AND MR DAVID STANDISH
(as joint Enforcement Receivers in respect of the realisable property of Gerald Martin Smith)
Applicants in the Proceedings
-and-
(1) LITIGATION CAPITAL LIMITED
(a company incorporated in the Marshall Islands)
and 45 others
Respondents in the Proceedings
-and-
HARBOUR FUND II LP
Applicant in the Harbour Application
Respondent in the Thomas Cross-Application
-and-
MR NICHOLAS THOMAS
Applicant in the Thomas Cross-Application
Respondent in the Harbour Application
-and-
DR GAIL COCHRANE
Respondent in the Harbour Application
-and-
45 others
Respondents in the Harbour Application
Daniel Saoul KC and Richard Hoyle (instructed by Harcus Parker Limited) for Harbour Fund II LLP
Dean Armstrong KC and Paul Schwartfeger (instructed by Keystone Law Limited) for Mr Nicholas Thomas
Hearing date: 17 September 2025
Draft judgment circulated to parties: 27 October 2025
Approved Judgment
.............................
Mr Justice Henshaw:
(A) INTRODUCTION 3
(B) FACTS 4
(1) Events from 2003 to 2012 4
(2) The Orb Litigation 5
(3) The Directed Trial 6
(4) Events since the Directed Trial Judgment 8
(C) PRINCIPLES 18
(D) APPLICATION 23
(1) Evidence about the involvement of Dr Smith and others 23
(2) Source of funding 30
(3) Outstanding costs orders 32
(4) Appropriate relief 34
(a) Relief sought by Harbour 34
(b) Debarring 34
(c) Security for costs 36
(d) Bankruptcy order 38
(E) CONCLUSION 39
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