D’ALOIA v PERSON UNKNOWN & Ors

D’ALOIA v PERSON UNKNOWN & Ors

There is a serious issue to be tried regarding fraudulent misappropriation of cryptocurrency, the assets are located in England, the claimant is domiciled in England, and the court has jurisdiction to grant permission to serve out of the jurisdiction and to grant injunctive and disclosure relief, including service by alternative means (email and NFT), except against Binance Markets Limited due to insufficient evidence of control.

Parties
Claimant: Fabrizio D'Aloia; Defendants: Persons Unknown & Others
Jurisdiction
England and Wales
Judgment Date
24 June 2022
Procedural Posture
Civil / Interim Application for Injunctive and Disclosure Relief
Outcome
Application granted in part
Legal Topics
Fraudulent Misrepresentation, Deceit, Unlawful Means Conspiracy, Unjust Enrichment, Constructive Trust, Proprietary Injunction, Bankers Trust Disclosure, Service Out of Jurisdiction, Service by Alternative Means
Fraud Civil Procedure Trusts Cryptocurrency Fraudulent Misrepresentation Deceit Unlawful Means Conspiracy Unjust Enrichment +5 more

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Parties

Fabrizio D'Aloia

Claimant

Persons Unknown & Others

Defendants

Procedural Posture

Civil / Interim Application for Injunctive and Disclosure Relief

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding fraudulent misappropriation of cryptocurrency
  2. 2 Whether the court has jurisdiction to grant permission to serve out of the jurisdiction
  3. 3 Whether injunctive relief and Bankers Trust disclosure orders should be granted

Ratio Decidendi

There is a serious issue to be tried regarding fraudulent misappropriation of cryptocurrency, the assets are located in England, the claimant is domiciled in England, and the court has jurisdiction to grant permission to serve out of the jurisdiction and to grant injunctive and disclosure relief, including service by alternative means (email and NFT), except against Binance Markets Limited due to insufficient evidence of control.

Court Disposition

Application granted in part

Orders

  • Permission to serve out of the jurisdiction granted against defendants except Binance Markets Limited
  • Interim injunctive relief (freezing order) granted against persons unknown and exchange defendants except Binance Markets Limited