Lavinia Deborah Osbourne v Persons Unknown Category A & Ors.

Lavinia Deborah Osbourne v Persons Unknown Category A & Ors.

The court held that there is a serious issue to be tried regarding the claimant's proprietary and equitable claims over the NFTs, that damages would not be an adequate remedy, and that the balance of convenience favours the grant of an injunction. The court also held that service out of the jurisdiction and by alternative means (NFT airdrop and email) was appropriate given the facts and the inability to serve the defendants by conventional means.

Parties
Claimant: Lavinia Deborah Osbourne; Defendant: Persons Unknown Category A; Defendant: Persons Unknown Category B; Defendant: Thembani Dube
Jurisdiction
England and Wales
Judgment Date
22 February 2023
Procedural Posture
Civil / Interlocutory Application for Extension of Injunction and Service Out/alternative Service
Outcome
Interim injunction extended; permission granted for service out of the jurisdiction and by alternative means.
Legal Topics
Injunctions, Cryptoassets, Non Fungible Tokens (nfts), Service Out of Jurisdiction, Alternative Service, Constructive Trust, Unjust Enrichment, Misuse of Private Information
Civil Procedure Property Law Technology Law Injunctions Cryptoassets Non Fungible Tokens (nfts) Service Out of Jurisdiction Alternative Service +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 Service Out/alternative Service

Legal Issues

  1. 1 Whether NFTs are property under English law
  2. 2 Whether an interim injunction should be extended against defendants to restrain dealing with NFTs
  3. 3 Whether service out of the jurisdiction and by alternative means (NFT airdrop, email) should be permitted

Ratio Decidendi

The court held that there is a serious issue to be tried regarding the claimant's proprietary and equitable claims over the NFTs, that damages would not be an adequate remedy, and that the balance of convenience favours the grant of an injunction. The court also held that service out of the jurisdiction and by alternative means (NFT airdrop and email) was appropriate given the facts and the inability to serve the defendants by conventional means.

Court Disposition

Interim injunction extended; permission granted for service out of the jurisdiction and by alternative means.

Orders

  • Extension of interim injunction restraining defendants from dealing with the NFTs 'Boss Beauties #680' and 'Boss Beauties #691'.
  • Permission for service of claim form and related documents out of the jurisdiction.