Smith, Re (Ruling - Piggott condition) [2017] EWHC 3335 (Comm) (6 December 2017)

Smith, Re (Ruling - Piggott condition) [2017] EWHC 3335 (Comm) (6 December 2017)

The court proceeds on the basis that a good arguable case has been established that the shares constitute realisable property of Dr Smith, based on evidence submitted by SFO and absence of substantive opposition at this stage.

Citation
[2017] EWHC 3335 (Comm)
Parties
Subject: Gerald Smith; Interested Party: Phoenix & Minardi; Interested Party: Harbour II; Interested Party: Joint Liquidators; Interested Party: Stewarts Law; Applicant: SFO; Interested Party: Receivers
Jurisdiction
England and Wales
Judgment Date
06 December 2017
Procedural Posture
Commercial Court Application / Interlocutory Hearing
Outcome
interlocutory application proceeds on basis shares are realisable property
Legal Topics
Realisable Property, Receivership, Liquidation
Commercial Law Insolvency Law Realisable Property Receivership Liquidation

Case Brief

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Parties

Gerald Smith

Subject

Phoenix & Minardi

Interested Party

Harbour II

Interested Party

Joint Liquidators

Interested Party

Stewarts Law

Interested Party

SFO

Applicant

Receivers

Interested Party

Procedural Posture

Commercial Court Application / Interlocutory Hearing

Legal Issues

  1. 1 whether shares constitute realisable property of Dr Smith
  2. 2 threshold for receivership order

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, based on evidence submitted by SFO and absence of substantive opposition at this stage.

Court Disposition

interlocutory application proceeds on basis shares are realisable property