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
Summary, issues, holding and outcome
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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
Legal Issues
- 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 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.
Full Case Text
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