ION Science Limited & Anor v Persons Unknown & Ors

ION Science Limited & Anor v Persons Unknown & Ors

The court granted proprietary injunction, worldwide freezing order, and ancillary disclosure order against persons unknown, and Bankers Trust disclosure orders against Binance Holdings and Payment Ventures, finding a serious issue to be tried, a good arguable case for jurisdiction, real risk of dissipation, and exceptional circumstances justifying alternative service, based on the evidence of cryptocurrency fraud and the need to preserve assets and identify wrongdoers.

Parties
First Claimant/applicant: ION Science Limited; Second Claimant/applicant: Duncan Johns; First Defendant/respondent: Persons Unknown (connected to 'Neo Capital', aliases Marilyn Black, Claire Jones, Robert Welsh, Carey Jones, Mia Davis, Grant Ford); Second Defendant/respondent: Binance Holdings Limited; Third Defendant/respondent: Payment Ventures Inc.
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Civil (commercial Court, Qbd) / Ex Parte Interim Application for Proprietary Injunction, Worldwide Freezing Order, Disclosure Orders, and Permission for Alternative Service
Outcome
Application granted
Legal Topics
Cryptocurrency Fraud, Proprietary Injunction, Worldwide Freezing Order, Disclosure (bankers Trust Order), Service Out of Jurisdiction, Persons Unknown, Jurisdiction, Equitable Proprietary Claim, Unlawful Means Conspiracy, Deceit
Commercial Law Fraud Equity Conflict of Laws Cryptocurrency Fraud Proprietary Injunction Worldwide Freezing Order Disclosure (bankers Trust Order) +6 more

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Parties

ION Science Limited

First Claimant/applicant

Duncan Johns

Second Claimant/applicant

Persons Unknown (connected to 'Neo Capital', aliases Marilyn Black, Claire Jones, Robert Welsh, Carey Jones, Mia Davis, Grant Ford)

First Defendant/respondent

Binance Holdings Limited

Second Defendant/respondent

Payment Ventures Inc.

Third Defendant/respondent

Procedural Posture

Civil (commercial Court, Qbd) / Ex Parte Interim Application for Proprietary Injunction, Worldwide Freezing Order, Disclosure Orders, and Permission for Alternative Service

Legal Issues

  1. 1 Whether cryptoassets such as bitcoin are property at common law
  2. 2 Whether the court has jurisdiction over persons unknown and foreign respondents
  3. 3 Whether proprietary injunction and worldwide freezing order should be granted

Ratio Decidendi

The court granted proprietary injunction, worldwide freezing order, and ancillary disclosure order against persons unknown, and Bankers Trust disclosure orders against Binance Holdings and Payment Ventures, finding a serious issue to be tried, a good arguable case for jurisdiction, real risk of dissipation, and exceptional circumstances justifying alternative service, based on the evidence of cryptocurrency fraud and the need to preserve assets and identify wrongdoers.

Court Disposition

Application granted

Orders

  • Proprietary injunction against persons unknown (Neo Capital)
  • Worldwide freezing order against persons unknown (Neo Capital)