Jahangir Piroozzadeh v Persons Unknown Category A & Ors.

Jahangir Piroozzadeh v Persons Unknown Category A & Ors.

The injunction was discharged because the claimant failed to make a fair presentation at the without notice hearing, did not anticipate or disclose likely defences (including bona fide purchaser), did not distinguish between defendants, and did not explain practical compliance or adequacy of damages. The court found no risk of injustice to the claimant and no basis to regrant the order.

Parties
Claimant: Jahangir Piroozzadeh; Defendant: Persons Unknown Category A; Defendant: Persons Unknown Category B; Defendant: OA Capital Holdings Limited; Defendant: Joanne Industry Inc; Defendant: TD Bank NA; Defendant: Kreissparkasse Koeln; Defendant: Brockhaus & Kollegen Rechtsanwaltsgesellschaft MBH; Defendant: Binance Holdings Limited; Defendant: Aux Cayes Fintech Co Ltd
Jurisdiction
England and Wales
Judgment Date
02 March 2023
Procedural Posture
Civil / Application to Discharge Interim Proprietary Injunction
Outcome
Injunction against Binance Holdings Limited discharged as from the date granted.
Legal Topics
Interim Injunctions, Constructive Trusts, Bankers Trust Orders, Disclosure, Adequacy of Damages, Without Notice Applications, Duty of Full and Frank Disclosure
Civil Procedure Equity Cryptocurrency Law Interim Injunctions Constructive Trusts Bankers Trust Orders Disclosure Adequacy of Damages +2 more

Case Brief

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Parties

Jahangir Piroozzadeh

Claimant

Persons Unknown Category A

Defendant

Persons Unknown Category B

Defendant

OA Capital Holdings Limited

Defendant

Joanne Industry Inc

Defendant

TD Bank NA

Defendant

Kreissparkasse Koeln

Defendant

Brockhaus & Kollegen Rechtsanwaltsgesellschaft MBH

Defendant

Binance Holdings Limited

Defendant

Aux Cayes Fintech Co Ltd

Defendant

Procedural Posture

Civil / Application to Discharge Interim Proprietary Injunction

Legal Issues

  1. 1 Whether the interim proprietary injunction against Binance Holdings Limited should be discharged for failure to make fair presentation at the without notice hearing
  2. 2 Whether the claimant’s legal representatives failed in their duty of full and frank disclosure
  3. 3 Whether damages are an adequate remedy

Ratio Decidendi

The injunction was discharged because the claimant failed to make a fair presentation at the without notice hearing, did not anticipate or disclose likely defences (including bona fide purchaser), did not distinguish between defendants, and did not explain practical compliance or adequacy of damages. The court found no risk of injustice to the claimant and no basis to regrant the order.

Court Disposition

Injunction against Binance Holdings Limited discharged as from the date granted.

Orders

  • Interim proprietary injunction against Binance Holdings Limited discharged.
  • No regrant or continuation of the injunction.