Lavinia Deborah Osbourne v Persons Unknown Category A & Ors

Lavinia Deborah Osbourne v Persons Unknown Category A & Ors

There is a serious issue to be tried that the NFTs are property, that the claimant has proprietary and constructive trust claims, and that English law governs the dispute. The court has jurisdiction to permit service out of the jurisdiction under gateway (15)(c) as the claim is governed by English law. Service by NFT and email is justified as the only practicable method. The injunction is extended to the new defendants.

Parties
Claimant: Lavinia Deborah Osbourne; Defendant: Persons Unknown Category A; Defendant: Persons Unknown Category B; Defendant: Thembani Dube
Jurisdiction
England and Wales
Judgment Date
13 January 2023
Procedural Posture
Civil / Interlocutory Application for Extension of Injunction and Associated Orders
Outcome
Application granted
Legal Topics
Injunctions, Cryptoassets, Non Fungible Tokens (nfts), Constructive Trust, Service Out of Jurisdiction, Alternative Service, Jurisdiction, Misuse of Private Information, Unjust Enrichment
Civil Procedure Property Law Trusts and Equity Conflict of Laws Injunctions Cryptoassets Non Fungible Tokens (nfts) Constructive Trust +5 more

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Parties

Lavinia Deborah Osbourne

Claimant

Persons Unknown Category A

Defendant

Persons Unknown Category B

Defendant

Thembani Dube

Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Injunction and Associated Orders

Legal Issues

  1. 1 Whether NFTs are property under English law
  2. 2 Whether an injunction should be extended to new defendants
  3. 3 Whether service out of the jurisdiction is permissible

Ratio Decidendi

There is a serious issue to be tried that the NFTs are property, that the claimant has proprietary and constructive trust claims, and that English law governs the dispute. The court has jurisdiction to permit service out of the jurisdiction under gateway (15)(c) as the claim is governed by English law. Service by NFT and email is justified as the only practicable method. The injunction is extended to the new defendants.

Court Disposition

Application granted

Orders

  • Extension of injunction to new defendants (Persons Unknown Category B and Thembani Dube)
  • Permission to amend claim form and particulars of claim