Pursuant to paragraph 11 of the order of Mr Justice Foxton dated 20 May 2020 (the ‘Order’), the Viscount of the Royal Court of Jersey (the Fifth and Tenth Respondent) has, on the request of Harbour Fund II LP (the Seventh Respondent), instructed Addleshaw Goddard to post a copy of Schedule 4 to the Order on its website. 

Schedule 4 of the Order reads as follows:

CLAIM NO: CL-2017-000323

IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES COMMERCIAL COURT (QBD) CLAIM NO: CL-2017-000323 IN THE MATTER OF GERALD MARTIN SMITH AND IN THE MATTER OF THE CRIMINAL JUSTICE ACT 1988

NOTICE OF CLAIM TO NON-PARTIES

This Notice is served pursuant to the Order of Mr Justice Foxton dated 20 May 2020

TO: ALL NON-PARTIES TO THE ABOVE-MENTIONED PROCEEDINGS

TAKE NOTICE THAT:

(1) Proceedings have been commenced in the Commercial Court (QBD) of the High Court of Justice, Business and Property Courts of England & Wales under Claim No CL-2017-000323 (the “Claim”). The Claim will determine proprietary claims and claims under the Criminal Justice Act 1988 which are advanced against the following assets (the “Identified Underlying Assets”):

(2) You are or may be one of the persons who are interested in the Identified Underlying Assets.

(3) On 20 May 2020, Mr Justice Foxton gave directions in relation to how non-parties can assert an interest in the Identified Underlying Assets. You may, by 4pm on 3 July 2020, make an application to be joined to the Claim in order to make a proprietary claim or a claim under the Criminal Justice Act 1988 in relation to the Identified Underlying Assets, or to make any argument in relation to a claim asserted by any other party. Any such application shall be supported by a properly particularised statement of case identifying the relief which is sought or the argument which is sought to be raised.

(4) If you do not make such an application by 4pm on 3 July 2020, you will (i) be bound by orders and judgments made by the Court in relation to the Identified Underlying Assets, (ii) be debarred from contending that you have a proprietary claim or claim under the 1988 Act that takes priority to such claims as are established to the Identified Underlying Assets by persons who make applications by 3 July 2020, and (iii) be debarred from otherwise challenging the Court’s judgments or orders in relation to such claims.

(5) Further information in relation to the Claim (including the statements of case filed by all parties thereto) can be obtained by sending an email to IZO.Litigation@sfo.gov.uk and orbharcus@harcusparker.com.

A copy of the Order can be found here.

A copy of the Schedule 4 to the Order can be found here.