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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
In a further decision demonstrating the English court’s ability to apply the law flexibly to novel issues arising in relation to crypto assets, the High Court has granted information orders against various foreign cryptocurrency exchanges requiring the provision of information and documentation to help identify those who hold accounts into which stolen cryptocurrency was allegedly … Read more
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
The Court of Appeal has upheld an order permitting an application for third party disclosure to be served on a respondent outside England and Wales, in circumstances where the documents sought were located in England: Gorbachev v Guriev [2022] EWCA Civ 1270. The decision shows that the courts may permit an application for third party … Read more
The challenge of enforcing court orders in respect of cryptocurrencies may become easier, following the settlement announced last week between the Bitcoin Association for BSV and Tulip Trading Ltd (TTL). This follows the significant case brought by Dr Craig Wright against a number of blockchains and their developers in 2021: Tulip Trading Limited v Bitcoin … Read more
In this 12th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence, privilege and the dangers of filing court documents on the last day for service. We also cover some decisions on jurisdiction, and finally we look at a few recent cases where the courts have had … Read more
The Court of Appeal has held that service of unsealed claim forms did not amount to effective service, and has refused to validate service under CPR 3.10, which allows the court to remedy errors of procedure: Ideal Shopping Direct Limited v Mastercard Incorporated and Visa Europe Limited [2022] EWCA Civ 14. A claim form filed … Read more
The High Court has held that a defendant submitted to the jurisdiction of the English court by applying for an extension of time for service of a defence, in circumstances where it had indicated an intention to defend the proceedings in an acknowledgement of service and had not reserved its rights to challenge jurisdiction: Aelf … Read more
The High Court has rejected an argument that a defendant submitted to the jurisdiction by applying to strike out the claim against him at the same time as challenging jurisdiction: PJSC Bank “Finance and Credit” v Zhevago [2021] EWHC 2522 (Ch). The court considered two tests set out in the authorities to determine whether a … Read more
