Jones v Persons Unknown & Ors [2025] EWHC 977 (Comm) (29 April 2025)

Jones v Persons Unknown & Ors [2025] EWHC 977 (Comm) (29 April 2025)

The set aside application by Kyrrex under CPR 40.9 is, in substance, an interlocutory application within existing proceedings and not an originating proceeding; therefore, Mr Jones is not entitled to security for costs against Kyrrex under CPR 25.26-25.28.

Citation
[2025] EWHC 977 (Comm)
Parties
Claimant: Gary Jones; Defendant: Persons Unknown; Defendant: Huobi Global Limited; Third Party / Applicant: Kyrrex Limited
Jurisdiction
England and Wales
Judgment Date
29 April 2025
Procedural Posture
Commercial Court Application / Application for Security for Costs Following Summary Judgment and Pending Set Aside Application
Outcome
Application dismissed
Legal Topics
Security for Costs, Set Aside Judgment, Cryptocurrency Tracing, Constructive Trust, Jurisdiction, CPR 40.9
Civil Procedure Commercial Law Security for Costs Set Aside Judgment Cryptocurrency Tracing Constructive Trust Jurisdiction CPR 40.9

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Parties

Gary Jones

Claimant

Persons Unknown

Defendant

Huobi Global Limited

Defendant

Kyrrex Limited

Third Party / Applicant

Procedural Posture

Commercial Court Application / Application for Security for Costs Following Summary Judgment and Pending Set Aside Application

Legal Issues

  1. 1 Whether a non-party applicant seeking to set aside a summary judgment order under CPR 40.9 is a 'claimant' for the purposes of security for costs under CPR 25.26-25.28
  2. 2 Whether the set aside application is an originating proceeding or an interlocutory application for security for costs purposes

Ratio Decidendi

The set aside application by Kyrrex under CPR 40.9 is, in substance, an interlocutory application within existing proceedings and not an originating proceeding; therefore, Mr Jones is not entitled to security for costs against Kyrrex under CPR 25.26-25.28.

Court Disposition

Application dismissed

Orders

  • The Security for Costs Application is dismissed.