Daburn v Persons Unknown & Ors [2025] EWHC 356 (Comm) (07 February 2025)

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

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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

  1. 1 Whether summary judgment should be granted against defaulting defendants in a cryptocurrency fraud claim
  2. 2 Whether the court has jurisdiction over persons unknown
  3. 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.