Crypto Open Patent Alliance v Wright (Re Sentencing) [2024] EWHC 3316 (Ch) (20 December 2024)

Crypto Open Patent Alliance v Wright (Re Sentencing) [2024] EWHC 3316 (Ch) (20 December 2024)

Dr Wright's breaches of anti-suit injunctions were deliberate, premeditated, and aggravated by lack of remorse, cooperation, and repeated abusive litigation. The seriousness and need for deterrence justified a 12-month custodial sentence, suspended for two years on condition of no further breach of the order. Striking out the New Claim and indemnity costs were necessary to address the abuse and prejudice caused.

Citation
[2024] EWHC 3316 (Ch)
Parties
Claimant: Crypto Open Patent Alliance; Defendant: Dr. Craig Steven Wright
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Contempt of Court / Sentencing Judgment / Sentencing After Finding of Contempt
Outcome
Dr Wright found in contempt; sentenced to 12 months imprisonment, suspended for 2 years; New Claim struck out as abuse of process; indemnity costs ordered; interim payment of £145,000 to COPA within 14 days; SquareUp's costs to be assessed.
Legal Topics
Contempt of Court, Anti Suit Injunctions, Abuse of Process, Costs Orders, Sentencing for Contempt
Civil Procedure Intellectual Property Injunctions Contempt of Court Anti Suit Injunctions Abuse of Process Costs Orders Sentencing for Contempt

Case Brief

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Parties

Crypto Open Patent Alliance

Claimant

Dr. Craig Steven Wright

Defendant

Procedural Posture

Contempt of Court / Sentencing Judgment / Sentencing After Finding of Contempt

Legal Issues

  1. 1 Appropriate sentence for contempt of court by breach of anti-suit injunctions
  2. 2 Whether to suspend custodial sentence for contempt
  3. 3 Assessment of seriousness and culpability in contempt

Ratio Decidendi

Dr Wright's breaches of anti-suit injunctions were deliberate, premeditated, and aggravated by lack of remorse, cooperation, and repeated abusive litigation. The seriousness and need for deterrence justified a 12-month custodial sentence, suspended for two years on condition of no further breach of the order. Striking out the New Claim and indemnity costs were necessary to address the abuse and prejudice caused.

Court Disposition

Dr Wright found in contempt; sentenced to 12 months imprisonment, suspended for 2 years; New Claim struck out as abuse of process; indemnity costs ordered; interim payment of £145,000 to COPA within 14 days; SquareUp's costs to be assessed.

Orders

  • New Claim struck out under CPR 3.3 and 3.4 as abuse of process
  • Dr Wright sentenced to 12 months imprisonment, suspended for 2 years on condition of no further breach of the 16 July 2024 order