A Mannarino v Persons Unknown & Ors

A Mannarino v Persons Unknown & Ors

The court held that the claimant had taken all reasonable steps to bring the proceedings to the attention of the defendants, that the breach by late service was neither serious nor significant, and that relief from sanctions was appropriate. Default judgment was granted, and the requested disclosure and proprietary injunction orders were made, subject to cross-undertakings.

Parties
Claimant: Mr A. Mannarino; First Defendant: Persons Unknown (FCAutomatic/CapitalUsage/Aliases); Second Defendant: Persons Unknown (cryptocurrency wallet operator); Third Defendant: Capital Usage Ltd; Fourth Defendant: Wavecrest (UK) Ltd; Fifth Defendant: Huobi Global Ltd (T/A Huobi)
Jurisdiction
England and Wales
Judgment Date
21 February 2023
Procedural Posture
Civil / Judgment in Default and Relief From Sanctions
Outcome
default judgment granted; relief from sanctions granted
Legal Topics
Default Judgment, Relief From Sanctions, Service of Process, Norwich Pharmacal Order, Bankers Trust Order, Proprietary Injunction, Alternative Service
Civil Fraud Cryptocurrency Injunctive Relief Default Judgment Relief From Sanctions Service of Process Norwich Pharmacal Order Bankers Trust Order +2 more

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Parties

Mr A. Mannarino

Claimant

Persons Unknown (FCAutomatic/CapitalUsage/Aliases)

First Defendant

Persons Unknown (cryptocurrency wallet operator)

Second Defendant

Capital Usage Ltd

Third Defendant

Wavecrest (UK) Ltd

Fourth Defendant

Huobi Global Ltd (T/A Huobi)

Fifth Defendant

Procedural Posture

Civil / Judgment in Default and Relief From Sanctions

Legal Issues

  1. 1 Whether judgment in default should be entered against the defendants for alleged Bitcoin fraud
  2. 2 Whether relief from sanctions for late service of particulars of claim should be granted
  3. 3 Whether service on persons unknown by alternative means was effective

Ratio Decidendi

The court held that the claimant had taken all reasonable steps to bring the proceedings to the attention of the defendants, that the breach by late service was neither serious nor significant, and that relief from sanctions was appropriate. Default judgment was granted, and the requested disclosure and proprietary injunction orders were made, subject to cross-undertakings.

Court Disposition

default judgment granted; relief from sanctions granted

Orders

  • Default judgment entered against the first to third defendants
  • Norwich Pharmacal and Bankers Trust orders granted against the fourth and fifth defendants, subject to cross-undertakings