Crypto Open Patent Alliance v Wright [2024] EWHC 3135 (Ch) (06 December 2024)

Crypto Open Patent Alliance v Wright [2024] EWHC 3135 (Ch) (06 December 2024)

Dr Wright failed to provide credible evidence justifying remote attendance at the contempt hearing on grounds of safety or ASD; the presumption for in-person attendance at committal hearings applies. No evidence supported a finding of apparent bias. Directions were given for in-person cross-examination of Dr Wright on limited topics relevant to contempt.

Citation
[2024] EWHC 3135 (Ch)
Parties
Claimant: Crypto Open Patent Alliance; Defendant (in IL 2021 000019) / Claimant (in BL 2024 001495): Dr. Craig Steven Wright; Defendant (in BL 2024 001495): BTC Core (a partnership); Defendant (in BL 2024 001495): Square Up Europe Limited (a partner)
Jurisdiction
England and Wales
Judgment Date
06 December 2024
Procedural Posture
Case Management Conference (cmc) in Contempt Proceedings and Related Case Management / Interlocutory (pre Hearing Directions and Applications)
Outcome
Applications by Dr Wright for remote attendance and for recusal on grounds of bias refused; directions given for in-person hearing and cross-examination.
Legal Topics
Remote Attendance at Hearings, Committal for Contempt, Bias and Recusal, Reasonable Adjustments for Vulnerable Litigants, Service Out of Jurisdiction, Passing Off, Injunctions
Civil Procedure Intellectual Property Contempt of Court Remote Attendance at Hearings Committal for Contempt Bias and Recusal Reasonable Adjustments for Vulnerable Litigants Service Out of Jurisdiction +2 more

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Parties

Crypto Open Patent Alliance

Claimant

Dr. Craig Steven Wright

Defendant (in IL 2021 000019) / Claimant (in BL 2024 001495)

BTC Core (a partnership)

Defendant (in BL 2024 001495)

Square Up Europe Limited (a partner)

Defendant (in BL 2024 001495)

Procedural Posture

Case Management Conference (cmc) in Contempt Proceedings and Related Case Management / Interlocutory (pre Hearing Directions and Applications)

Legal Issues

  1. 1 Whether Dr Wright should be permitted to attend the contempt hearing remotely
  2. 2 Whether directions should be given for cross-examination of Dr Wright on limited topics
  3. 3 Whether there is apparent bias on the part of the judge

Ratio Decidendi

Dr Wright failed to provide credible evidence justifying remote attendance at the contempt hearing on grounds of safety or ASD; the presumption for in-person attendance at committal hearings applies. No evidence supported a finding of apparent bias. Directions were given for in-person cross-examination of Dr Wright on limited topics relevant to contempt.

Court Disposition

Applications by Dr Wright for remote attendance and for recusal on grounds of bias refused; directions given for in-person hearing and cross-examination.

Orders

  • Contempt hearing to be fully in-person; Dr Wright must attend in person.
  • Dr Wright to give oral evidence in person at the contempt hearing, limited to (i) whether he intentionally or recklessly breached the Order by issuing the New Claim, and (ii) whether he was responsible for removing the legal notice from his X (Twitter) account.