Earlier this month, the former Scotland and Rangers manager launched legal action against Gareth Alexander, who was a director of Hertfordshire-based ProVision Financial Consultants which dissolved in 2014.
Smith is suing Alexander over a pension fund that was set up while he was managing Everton in the 1990s.
At a preliminary hearing on 5 June, Alexander’s lawyer, David Thomson QC, asked the judge for access to documents from Smith’s legal team in order to prepare for the case, which is due to start later this month.
Smith’s lawyer argued his client should not have to hand over the documents as the information being sought was not specific enough.
“I would submit this remains a fishing diligence,” Smith’s lawyer said, according to media reports.
However, Lord Bannatyne ruled on 12 June in favour of Alexander and instructed Smith to hand over the documents.
Smith was initially suing Alexander and IFA Neil Caisley, who was also a director at ProVision. However, at the procedural hearing, it was revealed Caisley it no longer contesting the legal bid.
According to legal papers lodged at the procedural hearing, Smith alleges Caisley and Alexander agreed to return £600,000 ($801,286, €684,988) they received in commission on “financial products” but only paid him £280,000.