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The non-disclosure regarding the LIFO tracing methodology was innocent and did not cause prejudice; the court retains discretion and it would be disproportionate to discharge the injunction. The order should be continued as there is jurisdiction and no compelling reason to set it aside.
Source excerpt
Smithers & Anor v Persons Unknown Category 1 & Ors [2026] EWHC 207 (Comm) (23 January 2026)
The Commercial Court continued a crypto-related freezing injunction despite an innocent non-disclosure about tracing methodology, and allowed disclosure of holder identities to law enforcement.
Sachs v Snape & Ors [2026] EWHC 1059 (Comm) (19 January 2026)
The High Court granted summary judgment in part in a crypto-asset dispute, finding breach of contract and trust against the first and fourth defendants.
Kyrrex Limited’s CPR 40.9 application to set aside a crypto-fraud judgment failed because it was not directly affected by the order and had weak merits.
Jones v Persons Unknown & Ors [2025] EWHC 1823 (Comm) (10 June 2025)
The High Court dismissed Kyrrex Limited’s CPR 40.9 application to set aside a cryptocurrency judgment, holding it was not directly affected and that delay and prejudice also told against relief.
Cyberaxle Ltd v Moosavi [2025] EWHC 1231 (Ch) (21 May 2025)
Trial judgment on an oral cryptocurrency mining deal, ownership of 40 Ethereum, and alleged salary overpayments. The claimants succeeded on all issues.
Sachs v Snape & Ors [2025] EWHC 1746 (Comm) (04 April 2025)
The High Court granted proprietary and freezing injunctions over alleged misappropriated cryptocurrency and funds, and permitted service out and substituted service.
Boonyaem v Pesons Unknown Category A & Ors [2023] EWHC 3180 (Comm) (14 December 2023)
The High Court granted proprietary summary judgment over traced USDT, continued freezing relief, and held that claims against unidentified fraudsters could not yet proceed to final judgment.
The High Court discharged an interim proprietary injunction against Binance Holdings Limited for failure to fairly present the without notice application and disclose likely defences.
HDR Global Trading Ltd v Shulev & Anor [2022] EWHC 1685 (Comm) (01 July 2022)
The High Court held that a settlement agreement in a cryptoasset dispute was binding, clause 3 was enforceable, and Mr Shulev had not yet earned the first instalment.
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