Smith, Re (Ruling – Piggott condition)

Mr Justice Popplewell Wednesday, 6th December 2017 1. I proceed on the footing that a good arguable case has been established. 2. We will proceed on the basis that for the purposes of this application the SFO has established that there is a good arguable case that the shares constitute realisable property of Dr Smith. I do so on the basis that the evidence which is relied on is submitted by Mr Talbot to be sufficient to cross that threshold. No one has sought to argue to the contrary, save only Mr Kokelaar on behalf of Phoenix and Minardi and his position is that because he would like a receivership order to be made, he does not wish today to argue the contrary but only wishes to reserve his ability to argue to the contrary on some later occasion. Mr Talbot has confirmed that he will be able to do so. On that basis,