Daburn v Persons Unknown & Ors [2025] EWHC 356 (Comm) (07 February 2025)
Summary judgment is granted against all defaulting defendants except Persons Unknown Category 1, as there is no credible defence and the evidence of fraud is uncontradicted; proprietary and personal claims are established, and service was validly effected except for Category 1, which is stayed.
- Citation
- [2025] EWHC 356 (Comm)
- Parties
- Claimant: Stuart Charles Daburn; Defendant: Persons Unknown Category 1; Defendant: Persons Unknown Category 2; Defendant: 4Word Solutions; Defendant: Court Leet Limited; Defendant: Riana Group Limited; Defendant: Kyrrex Limited; Defendant: Boxer Cart Ads Limited; Defendant: Greencode Connection Limited; Defendant: Purplesun Limited; Defendant: Giricon Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 07 February 2025
- Procedural Posture
- Commercial Court Cryptocurrency Fraud / Summary Judgment Application
- Outcome
- Summary judgment granted against all defaulting defendants except Persons Unknown Category 1; proceedings against Category 1 stayed with liberty to restore.
- Legal Topics
- Summary Judgment, Constructive Trust, Unlawful Means Conspiracy, Unjust Enrichment, Service on Persons Unknown, Jurisdiction, Enforcement of Foreign Judgments
Case Brief
Summary, issues, holding and outcome
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Parties
Stuart Charles Daburn
Claimant
Persons Unknown Category 1
Defendant
Persons Unknown Category 2
Defendant
4Word Solutions
Defendant
Court Leet Limited
Defendant
Riana Group Limited
Defendant
Kyrrex Limited
Defendant
Boxer Cart Ads Limited
Defendant
Greencode Connection Limited
Defendant
Purplesun Limited
Defendant
Giricon Limited
Defendant
Procedural Posture
Commercial Court Cryptocurrency Fraud / Summary Judgment Application
Legal Issues
- 1 Whether summary judgment should be granted against defaulting defendants in a cryptocurrency fraud claim
- 2 Whether the court has jurisdiction over persons unknown
- 3 Whether proprietary and personal claims can be maintained against persons unknown
Ratio Decidendi
Summary judgment is granted against all defaulting defendants except Persons Unknown Category 1, as there is no credible defence and the evidence of fraud is uncontradicted; proprietary and personal claims are established, and service was validly effected except for Category 1, which is stayed.
Court Disposition
Summary judgment granted against all defaulting defendants except Persons Unknown Category 1; proceedings against Category 1 stayed with liberty to restore.
Orders
- Damages for unlawful means conspiracy and proprietary claims granted against defaulting defendants.
- Defaulting defendants (except Category 1) may apply to vary or set aside judgment within 21 days of service.
Full Case Text
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