All posts by Practical Law Dispute Resolution

REUTERS | GCS

In Danisz v Persons Unknown and Huobi Globalthe High Court granted the claimant (a Bitcoin-holder) an interim proprietary injunction against persons unknown and a cryptocurrency exchange, a worldwide freezing order against persons unknown, and a banker’s trust order against the cryptocurrency exchange, following a suspected cryptocurrency fraud.

The case is similar to Ion Science Ltd v Persons Unknown (unreported, 21 December 2020), which also involved fraudsters operating with what appeared to be a crypto investment company and absconding with the invested funds. Analysis of that decision and the key recent crypto cases can be found in RPC’s blog: Cryptocurrencies: basic legal principles and their future in English law.

Danisz further demonstrates the court’s willingness to provide swift injunctive relief to combat cryptocurrency fraud, and the ease with which English law continues to be applied successfully to cryptocurrency claims.

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REUTERS | Ahmed Jadallah

Background

The recent case of Abu Dhabi Commercial Bank PJSC v Shetty raised the question of whether section 1140 of the Companies Act 2006, when used in conjunction with the “necessary or proper party” gateway under PD 6B.3.1(3), has an “exorbitant and arbitrary” effect.

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REUTERS | Shamil Zhumatov

“It is no longer enough for judges to think that their role begins and ends with hearing the evidence, the legal argument and delivering judgment. We are not just there to referee a fight, we are there to break it up.” – Sir Geoffrey Vos, Master of the Rolls.

That recent pronouncement by the Head of Civil Justice captures his vision for a civil justice system in which the potential for out-of-court resolution is placed at the heart of the system and is in no sense an “alternative” to it. (While this has recently prompted a move away from ADR as an umbrella term, I will continue to use it here for consistency.)

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