header-logo header-logo

Court grants service by blockchain

15 July 2022
Issue: 7987 / Categories: Legal News , Cyber
printer mail-detail
Mr Justice Trower in the High Court has granted permission to serve court documents on unknown fraudsters via the transfer of a token on blockchain, in a legal first

D’Aloia v Binance Holdings & Others [2022] EWHC 1723 (Ch), is the first reported court order of its kind in Europe, and second only to a case in the Supreme Court of the State of New York in June (LCX AG v John Does Nos 1-25).

D’Aloia concerned an application for an urgent injunction made by Mr D’Aloia, the Italian founder of an online gambling company. He had discovered unknown persons had cloned his online brokerage and were misappropriating his cryptocurrency to encourage investors to place trades into two wallets.

According to Giambrone solicitors, acting for Mr D’Aloia, the court order is significant for two reasons. First, it allowed service by way of NFT (non-fungible token) airdrop to the two wallets and opens the way to use blockchain technology to serve proceedings in international crypto disputes thus overcoming a practical hurdle. Second, it recognised the five cryptocurrency exchange defendants held Mr D’Aloia’s cryptocurrency as constructive trustees. This means the exchanges are responsible for making sure the crypto is ringfenced and not moved on or withdrawn.

Giambrone associate Joanna Bailey said: ‘The importance of the court’s finding of a good arguable case of constructive trustee liability cannot be overstated.

‘Should cryptocurrency exchanges act contrary to such orders and fail to ringfence the identifiable cryptocurrency, they risk being held liable for breach of trust.’

Alternative service via various online methods has previously been authorised by the English Courts under CPR 6.15, including Instagram, Facebook and via a ‘contact’ section of the defendant’s website, but never before by means of distributed ledger technology (like blockchain).

Kate Gee, counsel at Signature Litigation, said: ‘Crypto exchanges must now take seriously the risks of claims against them for breach of trust, and take robust steps to ringfence identifiable cryptocurrency that is the subject of a dispute.’

Zoe Wyatt, partner at Andersen in the UK, said: ‘This case gives hope to those who have fallen victim to cryptoasset scams.’

Issue: 7987 / Categories: Legal News , Cyber
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll