Voltaire Capital Holdings Limited & Ors v Eric Watson & Ors

Voltaire Capital Holdings Limited & Ors v Eric Watson & Ors

Permission to bring the proposed counterclaims is refused because the application is very late, could and should have been brought much earlier, would seriously prejudice trial preparation and the trial date, and the counterclaims are not properly pleaded, particularised, or have a real prospect of success. Any prejudice to Mr Gibson is the result of his own delay.

Parties
Claimant/respondent: Voltaire Capital Holdings Limited; Claimant/respondent: Gemini Investment Holding Limited; Claimant/respondent: Marchmont Limited; Claimant/respondent: March CP Limited; Claimant/respondent: OS Capital Holding Ltd; Defendant: Eric Watson; Defendant: Krishan Rattan; Defendant: Miles Leahy; Defendant: Startrader Pro Limited; Defendant: SBL Holdings Limited; Defendant: Tim Connell; Defendant/applicant: William Gibson; Defendant: Shamyl Malik; Defendant: Ramy Soliman; Defendant: Sam Watson; Defendant: Notesco Financial Services Limited; Defendant: Notesco UK Limited; Defendant: Daniel Fields; Defendant: Green Fields Management LLP
Jurisdiction
England and Wales
Judgment Date
24 April 2026
Procedural Posture
Civil Commercial Fraud / Application for Permission to Bring Counterclaims; Ruling on Application
Outcome
Application dismissed
Legal Topics
Amendment of Pleadings, Counterclaims, Limitation of Actions, Fraudulent Misrepresentation, Unlawful Means Conspiracy, Knowing Receipt, Estoppel, Unjust Enrichment, Transaction Defrauding Creditors
Civil Procedure Commercial Law Equity and Trusts Amendment of Pleadings Counterclaims Limitation of Actions Fraudulent Misrepresentation Unlawful Means Conspiracy +4 more

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Parties

Voltaire Capital Holdings Limited

Claimant/respondent

Gemini Investment Holding Limited

Claimant/respondent

Marchmont Limited

Claimant/respondent

March CP Limited

Claimant/respondent

OS Capital Holding Ltd

Claimant/respondent

Eric Watson

Defendant

Krishan Rattan

Defendant

Miles Leahy

Defendant

Startrader Pro Limited

Defendant

SBL Holdings Limited

Defendant

Tim Connell

Defendant

William Gibson

Defendant/applicant

Shamyl Malik

Defendant

Ramy Soliman

Defendant

Sam Watson

Defendant

Notesco Financial Services Limited

Defendant

Notesco UK Limited

Defendant

Daniel Fields

Defendant

Green Fields Management LLP

Defendant

Procedural Posture

Civil Commercial Fraud / Application for Permission to Bring Counterclaims; Ruling on Application

Legal Issues

  1. 1 Whether the seventh defendant (Mr Gibson) should be granted permission to bring six new counterclaims at a very late stage in proceedings
  2. 2 Whether the proposed counterclaims are properly pleaded, particularised, and have a real prospect of success
  3. 3 Whether the introduction of the counterclaims would prejudice the trial timetable and the other parties

Ratio Decidendi

Permission to bring the proposed counterclaims is refused because the application is very late, could and should have been brought much earlier, would seriously prejudice trial preparation and the trial date, and the counterclaims are not properly pleaded, particularised, or have a real prospect of success. Any prejudice to Mr Gibson is the result of his own delay.

Court Disposition

Application dismissed

Orders

  • Permission to bring the six new counterclaims is refused.
  • Mr Gibson shall pay the Claimants' costs of and occasioned by the Counterclaim Application, on the standard basis, to be summarily assessed if not agreed.