CL-2017-000323 - [2025] EWHC 2876 (Comm)
Commercial Court

CL-2017-000323 - [2025] EWHC 2876 (Comm)

Fecha: 05-Nov-2025

Heading

Neutral Citation Number: [2025] EWHC 2876 (Comm)
Case No: CL-2017-000323
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
KING'S BENCH DIVISION
COMMERCIAL COURT

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

Date: 05/11/2025

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