Smith, Re (Ruling - Piggott condition)

Smith, Re (Ruling - Piggott condition)

The court proceeds on the basis that a good arguable case has been established that the shares constitute realisable property of Dr Smith, as no substantive opposition was raised at this stage.

Parties
Applicant: Phoenix & Minardi; Respondent: Harbour II; Interested Party: Joint Liquidators; Interested Party: Stewarts Law; Applicant: Serious Fraud Office (SFO); Interested Party: Receivers; Respondent: Dr Gerald Smith
Jurisdiction
England and Wales
Judgment Date
06 December 2017
Procedural Posture
Commercial / Interlocutory Application
Outcome
Application proceeds on the basis that a good arguable case is established
Legal Topics
Receivership, Realisable Property, Good Arguable Case
Commercial Law Insolvency Law Receivership Realisable Property Good Arguable Case

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Parties

Phoenix & Minardi

Applicant

Harbour II

Respondent

Joint Liquidators

Interested Party

Stewarts Law

Interested Party

Serious Fraud Office (SFO)

Applicant

Receivers

Interested Party

Dr Gerald Smith

Respondent

Procedural Posture

Commercial / Interlocutory Application

Legal Issues

  1. 1 Whether the shares constitute realisable property of Dr Smith
  2. 2 Whether a good arguable case has been established for the application

Ratio Decidendi

The court proceeds on the basis that a good arguable case has been established that the shares constitute realisable property of Dr Smith, as no substantive opposition was raised at this stage.

Court Disposition

Application proceeds on the basis that a good arguable case is established