In this digital age, where the internet allows for anonymity and cryptocurrency is obtaining ever increasing legitimacy, it is interesting to consider how these societal shifts will impact civil litigation and specifically, the costs implications for parties arising out of litigation.
In the last year, we have seen various cases in relation to cryptocurrency, for example Tulip Trading Ltd v Bitcoin Association for SV (BSV) and others ; an application in relation to whether Bitcoin could be used as security for costs (the answer being no – it is too volatile).
In the case of Wright v The person or persons unknown responsible for the operation and publication of the website www.bitcoin.org (including the person or persons using the pseudonym ‘Cøbra’, the Senior Courts Costs Office (SCCO) was asked to consider whether a paying party could reasonably make costs submissions at detailed assessment when their identity was unknown.
