Crypton Digital Assets Ltd & Anor v Blockchain Luxembourg SA & Ors

Crypton Digital Assets Ltd & Anor v Blockchain Luxembourg SA & Ors

The particulars of claim disclose reasonable grounds for claims against Blockchain in inducing breach of contract, dishonest assistance (except as to certain breaches of fiduciary duty), and unlawful means conspiracy. The claim in knowing or unconscionable receipt is unsustainable as pleaded. Defects in the pleading of dishonest assistance may be cured by amendment, and Crypton should be given an opportunity to amend.

Parties
Claimant: Crypton Digital Assets Limited; Claimant: Crypton Partner Management Limited; Defendant: Blockchain Luxembourg SA; Defendant: Blockchain (GB) Limited; Defendant: Stephen Jones; Defendant: Petros-Alexandros Koumpas; Defendant: Mark Curtis; Defendant: Castramet Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2021
Procedural Posture
Civil (commercial) / Interlocutory Application to Strike Out Parts of Particulars of Claim
Outcome
Application to strike out succeeds in part; claims in knowing or unconscionable receipt struck out; claim in dishonest assistance struck out in part; permission to amend granted; other claims proceed.
Legal Topics
Inducing Breach of Contract, Dishonest Assistance, Knowing or Unconscionable Receipt, Unlawful Means Conspiracy, Breach of Fiduciary Duty, Infringement of Intellectual Property, Breach of Confidence

Case Brief

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Parties

Crypton Digital Assets Limited

Claimant

Crypton Partner Management Limited

Claimant

Blockchain Luxembourg SA

Defendant

Blockchain (GB) Limited

Defendant

Stephen Jones

Defendant

Petros-Alexandros Koumpas

Defendant

Mark Curtis

Defendant

Castramet Limited

Defendant

Procedural Posture

Civil (commercial) / Interlocutory Application to Strike Out Parts of Particulars of Claim

  1. 1 Whether the particulars of claim disclose reasonable grounds for claims against Blockchain in inducing breach of contract, dishonest assistance, knowing or unconscionable receipt, and unlawful means conspiracy
  2. 2 Whether the pleadings meet the required standard for allegations of dishonesty and economic torts

Ratio Decidendi

The particulars of claim disclose reasonable grounds for claims against Blockchain in inducing breach of contract, dishonest assistance (except as to certain breaches of fiduciary duty), and unlawful means conspiracy. The claim in knowing or unconscionable receipt is unsustainable as pleaded. Defects in the pleading of dishonest assistance may be cured by amendment, and Crypton should be given an opportunity to amend.

Court Disposition

Application to strike out succeeds in part; claims in knowing or unconscionable receipt struck out; claim in dishonest assistance struck out in part; permission to amend granted; other claims proceed.

Orders

  • Claim in knowing or unconscionable receipt against Blockchain struck out.
  • Claim in dishonest assistance against Blockchain struck out to the extent it relates to breaches of fiduciary duty pleaded at paragraphs 66 to 71; permission to amend granted.