High Court considers where cryptocurrencies are located and compels disclosure of information by cryptocurrency exchanges outside the UK

The High Court has ruled on an ex parte interim application involving allegations of extensive cyber fraud relating to a cryptocurrency initial coin offering. The court granted both a worldwide freezing order and an ancillary disclosure order against the alleged fraudster, whose identity is not known: Ion Science Ltd v Persons Unknown (unreported, 21 December … Read more

Court of Appeal finds claimant breached terms of search order by conducting keyword searches of electronic data and considers interplay between search and imaging orders

In a recent decision the Court of Appeal has re-emphasised that the purpose of a search order (formerly known as an Anton Piller order) is to preserve evidence that is at risk of being destroyed by a defendant or potential defendant, and that a search order does not allow a claimant to inspect documents to … Read more

Court of Appeal clarifies whether a fledgling business can be pursued when a freezing injunction has been ordered

In the recent case of Orange Grape Spirit Limited v Nueva IQT [2020] EWHC 1837 (Ch), the Court of Appeal has clarified that, in the absence of an established pattern of trading, expenditure pursuing a fledgling business is unlikely to fall within the “ordinary and proper course of business” exception to freezing injunctions. The court can however … Read more

High Court applies high threshold test to injunctions against public bodies

In a recent decision, the High Court rejected an application for an interim injunction restraining publication of a decision to impose sanctions on an accountancy firm. The court applied a high threshold test when considering the publication of the decision by a public body and concluded this case was not sufficiently “exceptional” to warrant an … Read more

Commercial Court clarifies scope of standard undertaking not to enforce worldwide freezing order abroad without court’s permission

The Commercial Court has recently considered the scope of the standard undertaking provided in connection with worldwide freezing orders, which requires the applicant to seek the court’s permission before seeking to enforce the order outside England and Wales, or seeking an order of a “similar nature”: Akcine Bendrove Bankas Snoras v Antonov [2018] EWHC 887 … Read more