Jones v Persons Unknown & Ors [2025] EWHC 1823 (Comm) (10 June 2025)

Jones v Persons Unknown & Ors [2025] EWHC 1823 (Comm) (10 June 2025)

Kyrrex Limited was not directly affected by the judgment/order within the meaning of CPR 40.9 because the evidence showed that Huobi did not need to use Bitcoin belonging to Kyrrex to satisfy the judgment, and any depletion of Kyrrex's assets was an indirect consequence of Huobi's choices, not the court order. Even if directly affected, the application would fail on the merits and due to delay and resulting prejudice to Mr Jones.

Citation
[2025] EWHC 1823 (Comm)
Parties
Claimant/respondent: Gary Jones; Defendant: Persons Unknown (1); Defendant: Persons Unknown (2); Defendant: Persons Unknown (3); Defendant: Huobi Global Limited; Third Party/cpr 40.9 Applicant: Kyrrex Limited
Jurisdiction
England and Wales
Judgment Date
10 June 2025
Procedural Posture
Commercial Court Application Under CPR 40.9 / Judgment on Application to Set Aside or Vary Judgment/order
Outcome
Application dismissed
Legal Topics
CPR 40.9 Applications, Freezing Injunctions, Persons Unknown, Constructive Trust, Unjust Enrichment, Delay and Prejudice, Cryptocurrency Tracing
Civil Procedure Commercial Law Cryptocurrency Law CPR 40.9 Applications Freezing Injunctions Persons Unknown Constructive Trust Unjust Enrichment +2 more

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Parties

Gary Jones

Claimant/respondent

Persons Unknown (1)

Defendant

Persons Unknown (2)

Defendant

Persons Unknown (3)

Defendant

Huobi Global Limited

Defendant

Kyrrex Limited

Third Party/cpr 40.9 Applicant

Procedural Posture

Commercial Court Application Under CPR 40.9 / Judgment on Application to Set Aside or Vary Judgment/order

Legal Issues

  1. 1 Whether Kyrrex Limited is 'directly affected' by the judgment under CPR 40.9
  2. 2 Whether the judgment/order should be set aside or varied under CPR 40.9
  3. 3 Whether delay and prejudice bar relief

Ratio Decidendi

Kyrrex Limited was not directly affected by the judgment/order within the meaning of CPR 40.9 because the evidence showed that Huobi did not need to use Bitcoin belonging to Kyrrex to satisfy the judgment, and any depletion of Kyrrex's assets was an indirect consequence of Huobi's choices, not the court order. Even if directly affected, the application would fail on the merits and due to delay and resulting prejudice to Mr Jones.

Court Disposition

Application dismissed

Orders

  • Application by Kyrrex Limited to set aside or vary the judgment/order is dismissed.
  • Claimant awarded costs on the standard basis until 21 May 2025 and on the indemnity basis thereafter.