Mannarino v Persons Unknown & Ors [2023] EWHC 3176 (Ch) (21 February 2023)

Mannarino v Persons Unknown & Ors [2023] EWHC 3176 (Ch) (21 February 2023)

Default judgment is appropriate as the requirements under CPR Part 12 are met, service was effected to the extent possible, and the breach of late service was not serious or significant. Relief from sanctions is granted. Ancillary disclosure and injunction orders are justified given the lack of response and the nature of the alleged fraud.

Citation
[2023] EWHC 3176 (Ch)
Parties
Claimant: Mr A. Mannarino; Defendant: Persons Unknown; Defendant: Persons Unknown (operators of wallet 1PKdEaFUFX6rkFW7jH8e7dim8B6cYeYkED); Defendant: Capital Usage Ltd; Defendant: Wavecrest (UK) Ltd; Defendant: Huobi Global Ltd (T/A Huobi)
Jurisdiction
England and Wales
Judgment Date
21 February 2023
Procedural Posture
Civil / Application for Default Judgment and Relief From Sanctions
Outcome
default judgment granted; relief from sanctions granted
Legal Topics
Default Judgment, Relief From Sanctions, Service of Process, Freezing Order, Norwich Pharmacal Order, Bankers Trust Order, Proprietary Injunction
Civil Procedure Fraud Cryptocurrency Default Judgment Relief From Sanctions Service of Process Freezing Order Norwich Pharmacal Order +2 more

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Parties

Mr A. Mannarino

Claimant

Persons Unknown

Defendant

Persons Unknown (operators of wallet 1PKdEaFUFX6rkFW7jH8e7dim8B6cYeYkED)

Defendant

Capital Usage Ltd

Defendant

Wavecrest (UK) Ltd

Defendant

Huobi Global Ltd (T/A Huobi)

Defendant

Procedural Posture

Civil / Application for Default Judgment and Relief From Sanctions

Legal Issues

  1. 1 Whether default judgment should be granted against the defendants for alleged Bitcoin fraud
  2. 2 Whether relief from sanctions for late service of particulars of claim should be granted
  3. 3 Whether service on persons unknown and foreign defendants was effective

Ratio Decidendi

Default judgment is appropriate as the requirements under CPR Part 12 are met, service was effected to the extent possible, and the breach of late service was not serious or significant. Relief from sanctions is granted. Ancillary disclosure and injunction orders are justified given the lack of response and the nature of the alleged fraud.

Court Disposition

default judgment granted; relief from sanctions granted

Orders

  • Default judgment against the first, second, and third defendants
  • Norwich Pharmacal and Bankers Trust orders for disclosure against the fourth and fifth defendants, subject to cross-undertakings