Dr Craig Steven Wright & Anor v Coinbase Global, Inc & Ors

Dr Craig Steven Wright & Anor v Coinbase Global, Inc & Ors

Paragraph 33 of the Defences is struck out as it offends the rule in Hollington v Hewthorn by pleading findings of fact from other proceedings as evidence of the truth of those findings. The Defendants are permitted to amend Paragraph 64(a) of the Defences with a specific alteration to clarify the example relied upon. Security for costs is ordered against the Second Claimant (Wright International Investments Limited) in the sums of £250,000 for the Coinbase Defendants and £150,000 for the Kraken Defendants, to be provided by payment into court or a first-class UK bank guarantee within 28 days, failing which the actions will be struck out.

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
11 September 2024
Procedural Posture
Civil (intellectual Property/passing Off) / Case Management Conference (cmc) – Interlocutory Applications
Outcome
Interlocutory applications determined; Paragraph 33 struck out; amendment to Paragraph 64(a) allowed with modification; security for costs ordered.
Legal Topics
Passing Off, Security for Costs, Pleading Amendments, Hollington V Hewthorn Rule, Jurisdiction and Residence, Enforcement of Costs Orders
Intellectual Property Civil Procedure Passing Off Security for Costs Pleading Amendments Hollington V Hewthorn Rule Jurisdiction and Residence Enforcement of Costs Orders

Case Brief

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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 the Defences offends the rule in Hollington v Hewthorn and should be struck out
  2. 2 Whether Defendants should be permitted to amend Paragraph 64(a) of the Defences
  3. 3 Whether security for costs should be ordered against the Second Claimant (Wright International Investments Limited) and in what amount

Ratio Decidendi

Paragraph 33 of the Defences is struck out as it offends the rule in Hollington v Hewthorn by pleading findings of fact from other proceedings as evidence of the truth of those findings. The Defendants are permitted to amend Paragraph 64(a) of the Defences with a specific alteration to clarify the example relied upon. Security for costs is ordered against the Second Claimant (Wright International Investments Limited) in the sums of £250,000 for the Coinbase Defendants and £150,000 for the Kraken Defendants, to be provided by payment into court or a first-class UK bank guarantee within 28 days, failing which the actions will be struck out.

Court Disposition

Interlocutory applications determined; Paragraph 33 struck out; amendment to Paragraph 64(a) allowed with modification; security for costs ordered.

Orders

  • Paragraph 33 of the Defences struck out/refused permission to amend.
  • Defendants permitted to amend Paragraph 64(a) with specified wording.