Crypto fraud: English High Court sets aside interim proprietary injunction against cryptocurrency exchange Binance

In an important decision in the developing law on cryptocurrency fraud, the English High Court has discharged an interim proprietary injunction against the cryptocurrency exchange Binance. The interim injunction had required Binance to preserve certain cryptocurrency that the claimant, the alleged victim of a cryptocurrency fraud, claimed to be able to trace to the exchange: … Read more

High Court applies Privy Council restatement of the law of interim injunctions

In a recent decision, the High Court has upheld an injunction restraining a defendant from abusing, harassing or threatening the claimant’s solicitors until trial or further order.  In doing so, it made clear that the court’s approach to granting interim injunctions has been fundamentally altered by the the Privy Council”s “ground-breaking exposition of the law … Read more

High Court considers gateways for service out of the jurisdiction re cryptoassets

A recent High Court decision suggests that there is some doubt as to the proper construction of the gateways allowing service out of the jurisdiction for claims relating to property in the jurisdiction, and for claims in constructive or resulting trust relating to assets within the jurisdiction. In particular, the decision suggests that it may … Read more

High Court orders delivery up of stolen Bitcoin against crypto exchange

The High Court held, on an uncontested summary judgment application, that the crypto exchange controlling the wallet into which the claimant’s stolen bitcoin was transferred sat in a position of constructive trustee as against the claimant. It ordered delivery up of the bitcoin as against the fraudsters as well as the exchange: Jones v Persons … Read more

Injunctions against “Persons Unknown”: The High Court flags uncertain territory

An increasingly important tool available to victims of fraud is the civil court procedure under which an action can be commenced and injunctions obtained against defendants who are identified only as “Persons Unknown”, described only by reference to their conduct in connection with the wrongdoing. Previously used only in niche areas, such orders have recently … Read more