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The English High Court has ordered a cryptocurrency exchange (Huobi) to transfer into the jurisdiction a defendant’s cryptocurrency held outside the jurisdiction to facilitate the claimant’s efforts to enforce its judgment against those assets. Under the court’s order, the cryptocurrency is first to be converted into fiat currency and then transferred to the Court Funds … Read more
In this 19th episode of our series of commercial litigation update podcasts, we look at developments in a range of areas, including environmental litigation, privilege, class actions, claims against cryptocurrency exchanges, and force majeure. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Julian Copeman, … Read more
The High Court has discharged an interim proprietary injunction against the cryptocurrency exchange Binance which required it to preserve certain cryptocurrency that the claimant, the alleged victim of a cryptocurrency fraud, claimed to be able to trace to the exchange: Piroozzadeh v Persons Unknown and Others [2023] EWHC 1024 (Ch). There have been a number … Read more
In a recent decision, the High Court has upheld a decision granting a novel injunction which prohibited a defendant from abusing, harassing, assaulting or threatening the claimant’s solicitors until trial or further order: Linemile Properties Ltd v Plater [2023] EWHC 810 (Ch). The defendant argued that the interim injunction should not have been granted as … Read more
The Court of Appeal has upheld a decision refusing to grant an anti-suit injunction to restrain a US s.1782 discovery application seeking evidence in defence of libel proceedings in the English court: Soriano v Forensic News LLC [2023] EWCA Civ 223. The Court of Appeal’s decision shows that, while the court may grant an injunction … Read more
A recent judgment highlights the circumstances in which the English court may, or may not, issue an anti-suit injunction to restrain an application under s.1782 of Title 28 of the US Code: Soriano v Forensic News LLC [2023] EWHC 262 (KB). In broad terms, s.1782 allows a litigant in a non-US legal proceeding to ask … Read more
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
The Commercial Court has granted an anti-suit injunction restraining Belgian proceedings brought in breach of an exclusive English jurisdiction clause: Ebury Partners Belgium SA/NV v Technical Touch BV, Jan Berthels [2022] EWHC 2927 (Comm). This appears to be one of the first cases post-Brexit in which an anti-suit injunction has been granted by an English … Read more
A recent High Court decision has highlighted a number of issues relating to injunctions against “Persons Unknown”, and specifically the fact that these orders have the potential to catch “newcomers” – people who did not fall within the defined category of “Persons Unknown” at the time the injunction was made but are subsequently brought within … Read more
