Gary Jones v Persons Unknown & Ors

Gary Jones v Persons Unknown & Ors

The set aside application by Kyrrex Limited is not an originating proceeding but an interlocutory application in existing proceedings under CPR 40.9; therefore, security for costs cannot be ordered.

Parties
Claimant: Gary Jones; Defendant: Persons Unknown; Defendant: Huobi Global Limited; Third Party/applicant: Kyrrex Limited
Jurisdiction
England and Wales
Judgment Date
29 April 2025
Procedural Posture
Commercial / Ruling on Security for Costs Application
Outcome
application dismissed
Legal Topics
Security for Costs, Summary Judgment, Set Aside Application, Cryptocurrency Tracing
Civil Procedure Commercial Law Security for Costs Summary Judgment Set Aside Application Cryptocurrency Tracing

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Parties

Gary Jones

Claimant

Persons Unknown

Defendant

Huobi Global Limited

Defendant

Kyrrex Limited

Third Party/applicant

Procedural Posture

Commercial / Ruling on Security for Costs Application

Legal Issues

  1. 1 Whether Kyrrex Limited's set aside application constitutes an originating proceeding for purposes of security for costs under CPR 25.26-25.28
  2. 2 Whether security for costs can be ordered against Kyrrex Limited in the context of its application under CPR 40.9

Ratio Decidendi

The set aside application by Kyrrex Limited is not an originating proceeding but an interlocutory application in existing proceedings under CPR 40.9; therefore, security for costs cannot be ordered.

Court Disposition

application dismissed

Orders

  • Security for Costs Application is dismissed.