Wright & Anor v Coinbase Global, Inc & Ors [2023] EWHC 1893 (Ch) (25 July 2023)

Wright & Anor v Coinbase Global, Inc & Ors [2023] EWHC 1893 (Ch) (25 July 2023)

Paragraph 33 of Defences is struck out as it offends Hollington v Hewthorn rule; amendment to Paragraph 64(a) allowed with modification; orders for security for costs against Second Claimant (C2) are warranted due to non-residence, enforcement difficulties, and lack of evidence of substantial liquid assets; Dr...

Source-derived case information.

Citation
[2023] EWHC 1893 (Ch)
Parties
Claimant: Dr Craig Steven Wright; Claimant: Wright International Investments Limited; Defendant: Coinbase Global, Inc.; Defendant: CB Payments, Ltd; Defendant: Coinbase Europe Limited; Defendant: Coinbase, Inc.; Defendant: Payward, Inc.; Defendant: Payward Ltd.; Defendant: Payward Ventures, Inc.
Jurisdiction
England and Wales
Judgment Date
25 July 2023
Procedural Posture
Civil Intellectual Property / Passing Off / Case Management Conference (cmc) Interlocutory Applications
Outcome
Paragraph 33 struck out; amendment to Paragraph 64(a) allowed with modification; security for costs ordered against Second Claimant (C2).
Legal Topics
Passing Off, Security for Costs, Pleading Amendments, Evidence Admissibility, Jurisdiction, Database Rights, Copyright, Blockchain Technology
Intellectual Property Civil Procedure Passing Off Security for Costs Pleading Amendments Evidence Admissibility Jurisdiction Database Rights +2 more

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Parties

Dr Craig Steven Wright

Claimant

Wright International Investments Limited

Claimant

Coinbase Global, Inc.

Defendant

CB Payments, Ltd

Defendant

Coinbase Europe Limited

Defendant

Coinbase, Inc.

Defendant

Payward, Inc.

Defendant

Payward Ltd.

Defendant

Payward Ventures, Inc.

Defendant

Procedural Posture

Civil Intellectual Property / Passing Off / Case Management Conference (cmc) Interlocutory Applications

Legal Issues

  1. 1 Whether Paragraph 33 of Defences offends Hollington v Hewthorn rule and should be struck out
  2. 2 Whether amendment to Paragraph 64(a) of Defences should be allowed
  3. 3 Whether security for costs should be ordered against Second Claimant (C2)

Ratio Decidendi

Paragraph 33 of Defences is struck out as it offends Hollington v Hewthorn rule; amendment to Paragraph 64(a) allowed with modification; orders for security for costs against Second Claimant (C2) are warranted due to non-residence, enforcement difficulties, and lack of evidence of substantial liquid assets; Dr Wright is not a good mark for costs against C2.

Court Disposition

Paragraph 33 struck out; amendment to Paragraph 64(a) allowed with modification; security for costs ordered against Second Claimant (C2).

Orders

  • Paragraph 33 of Defences struck out or permission to amend refused.
  • Amendment to Paragraph 64(a) of Defences allowed with wording modification.