Gottlieb Cohen Foundation (USA) t/a Capitana Seas 2008 Trust (USA) v General Dynamics United Kingdom Limited & Anor

Facts

General Dynamics United Kingdom Limited (GDUK) is a judgment creditor of the State of Libya in the sum of around £28 million. It obtained a final charging order together with an order for sale and possession over a property at 7 Winnington Close, London N2, Libya having unsuccessfully opposed the final charging order in the High Court and in the Court of Appeal, with permission refused by the Supreme Court; an order for sale followed on 10 October 2025. Until 23 May 2012 the registered owner of the property was Capitana Seas, but in Libya v Capitana Seas Popplewell J held that the property had been wrongfully and unlawfully purchased with Libyan funds and was held on constructive trust for Libya, the legal estate being transferred to Libya on 23 May 2012. Attempts by Mr Gayle-Childs, through Capitana Seas, to set that decision aside failed before Knowles J and were dismissed by Flaux LJ in November 2018 as totally without merit and an abuse of process. Capitana Seas nevertheless brought further proceedings against the State of Libya — the "collateral proceedings" — seeking to relitigate title, in which two consent orders were procured without Libya's knowledge. HHJ Parfitt joined GDUK and struck the claim out. Capitana Seas, now styled Gottlieb Cohen Foundation (USA), applied for permission to appeal; GDUK applied to strike that appeal out.