Crypto Open Patent Alliance v Wright (WFO Application) [2024] EWHC 743 (Ch) (28 March 2024)

Crypto Open Patent Alliance v Wright (WFO Application) [2024] EWHC 743 (Ch) (28 March 2024)

COPA demonstrated a powerful claim for costs and a real risk of dissipation by Dr Wright, supported by evidence of dishonesty, asset transfers, history of default, and opaque asset structures. The court has jurisdiction to grant a worldwide freezing order for prospective costs liability, and it is just and convenient to do so in these circumstances. The order is fortified by a bank guarantee and extends worldwide.

Citation
[2024] EWHC 743 (Ch)
Parties
Claimant: Crypto Open Patent Alliance; Represented Party: Square, Inc.; Represented Party: Payward Ventures, Inc. (DBA Kraken); Represented Party: Microstrategy, Inc.; Represented Party: Coinbase, Inc.; Defendant: Craig Steven Wright; Claimant: Dr Craig Steven Wright; Claimant: Wright International Investments Limited; Claimant: Wright International Investments UK Limited; Defendant: BTC Core; Defendant: Wladimir Jasper Van Der Laan; Defendant: Jonas Schnelli; Defendant: Pieter Wuille; Defendant: Marco Patrick Falke; Defendant: Samuel Dobson; Defendant: Michael Rohan Ford; Defendant: Cory Fields; Defendant: George Michael Dombrowski (a.k.a 'Luke Dashjr'); Defendant: Matthew Gregory Corallo; Defendant: Peter Todd; Defendant: Gregory Fulton Maxwell; Defendant: Eric Lombrozo; Defendant: John Newbery; Defendant: Peter John Bushnell; Defendant: Block, Inc.; Defendant: Spiral BTC, Inc.; Defendant: Squareup Europe Ltd; Defendant: Blockstream Corporation Inc.; Defendant: Chaincode Labs, Inc; Defendant: Coinbase Global Inc.; Defendant: CB Payments, Ltd; Defendant: Coinbase Europe Limited; Defendant: Coinbase Inc.; Defendant: Crypto Open Patent Alliance; Defendant: Squareup International Limited
Jurisdiction
England and Wales
Judgment Date
28 March 2024
Procedural Posture
Application for Worldwide Freezing Order and Costs / Post Trial, Pre Final Judgment, Urgent Interlocutory Application
Outcome
Worldwide freezing order granted against Dr Craig Wright in the sum of £6m.
Legal Topics
Worldwide Freezing Orders, Costs Orders, Asset Dissipation, Enforcement of Judgments, Cross Undertaking in Damages
Civil Procedure Intellectual Property Injunctions Worldwide Freezing Orders Costs Orders Asset Dissipation Enforcement of Judgments Cross Undertaking in Damages

Case Brief

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Parties

Crypto Open Patent Alliance

Claimant

Square, Inc.

Represented Party

Payward Ventures, Inc. (DBA Kraken)

Represented Party

Microstrategy, Inc.

Represented Party

Coinbase, Inc.

Represented Party

Craig Steven Wright

Defendant

Dr Craig Steven Wright

Claimant

Wright International Investments Limited

Claimant

Wright International Investments UK Limited

Claimant

BTC Core

Defendant

Wladimir Jasper Van Der Laan

Defendant

Jonas Schnelli

Defendant

Pieter Wuille

Defendant

Marco Patrick Falke

Defendant

Samuel Dobson

Defendant

Michael Rohan Ford

Defendant

Cory Fields

Defendant

George Michael Dombrowski (a.k.a 'Luke Dashjr')

Defendant

Matthew Gregory Corallo

Defendant

Peter Todd

Defendant

Gregory Fulton Maxwell

Defendant

Eric Lombrozo

Defendant

John Newbery

Defendant

Peter John Bushnell

Defendant

Block, Inc.

Defendant

Spiral BTC, Inc.

Defendant

Squareup Europe Ltd

Defendant

Blockstream Corporation Inc.

Defendant

Chaincode Labs, Inc

Defendant

Coinbase Global Inc.

Defendant

CB Payments, Ltd

Defendant

Coinbase Europe Limited

Defendant

Coinbase Inc.

Defendant

Crypto Open Patent Alliance

Defendant

Squareup International Limited

Defendant

Procedural Posture

Application for Worldwide Freezing Order and Costs / Post Trial, Pre Final Judgment, Urgent Interlocutory Application

Legal Issues

  1. 1 Whether a worldwide freezing order should be granted against Dr Craig Wright to secure prospective costs liability
  2. 2 Whether there is a real risk of dissipation of assets by Dr Wright
  3. 3 Whether the court has jurisdiction to grant a freezing order for a prospective costs order

Ratio Decidendi

COPA demonstrated a powerful claim for costs and a real risk of dissipation by Dr Wright, supported by evidence of dishonesty, asset transfers, history of default, and opaque asset structures. The court has jurisdiction to grant a worldwide freezing order for prospective costs liability, and it is just and convenient to do so in these circumstances. The order is fortified by a bank guarantee and extends worldwide.

Court Disposition

Worldwide freezing order granted against Dr Craig Wright in the sum of £6m.

Orders

  • Dr Wright is restrained from disposing of assets up to £6m worldwide.
  • Dr Wright must provide information about his assets by 4pm on 5 April 2024 and confirm by affidavit by 4pm on 10 April 2024.