Digital Capital Ltd v Genesis Mining Iceland EHF [2021] EWHC 2462 (Comm) (08 September 2021)

Digital Capital Ltd v Genesis Mining Iceland EHF [2021] EWHC 2462 (Comm) (08 September 2021)

The court found Digital Capital did not repudiate the agreement and substantially performed its obligations; Genesis Mining Iceland's purported termination was itself a repudiatory breach, entitling Digital Capital to payment of invoices and damages for lost profits.

Citation
[2021] EWHC 2462 (Comm)
Parties
Claimant: Digital Capital Limited; Defendant: Genesis Mining Iceland E. H. F.
Jurisdiction
England and Wales
Judgment Date
08 September 2021
Procedural Posture
Commercial Contract Dispute / High Court Trial Judgment
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Repudiatory Breach, Damages, Restitution, Software and Regulatory Services, Cryptocurrency, E Money Licensing

Case Brief

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Parties

Digital Capital Limited

Claimant

Genesis Mining Iceland E. H. F.

Defendant

Procedural Posture

Commercial Contract Dispute / High Court Trial Judgment

  1. 1 Whether Digital Capital breached the service agreement
  2. 2 Whether Genesis Mining Iceland repudiated the agreement
  3. 3 Entitlement to payment for invoices and damages

Ratio Decidendi

The court found Digital Capital did not repudiate the agreement and substantially performed its obligations; Genesis Mining Iceland's purported termination was itself a repudiatory breach, entitling Digital Capital to payment of invoices and damages for lost profits.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Genesis Mining Iceland to pay Digital Capital the invoiced amounts under the agreement
  • Genesis Mining Iceland to pay damages for wrongful repudiation