Crypto Open Patent Alliance -v- Wright (order)
Business and Property CourtsCivilHigh CourtIntellectual Property ListOrder
Claim number: IL-2021-000019
In the High Court of Justice
Business and Property Courts of England and Wales
Intellectual Property List (ChD)
20 December 2024
Before:
Mr Justice Mellor
Between:
Crypto Open Patent Alliance
-v-
Dr Craig Steven Wright
Order
UPON COPA having applied to commit the Defendant (“Dr Wright”) for contempt by way of Application Notice dated 23 October 2024 (the “Contempt Application”), with a hearing of that Contempt Application later directed to be held in person on 18 and 19 December 2024;
AND UPON the Contempt Application having been issued in light of claim no. BL-2024- 001495 (the “New Claim”) having been issued by Dr Wright;
AND UPON the Contempt Application alleging breach of the order made in these proceedings on 16 July 2024 by Mr Justice Mellor (the “Final Order”);
AND UPON hearing Jonathan Hough KC and Jonathan Moss, Counsel for the Claimant, on 18 December 2024 in relation to issues of Dr Wright’s liability for contempt, with Dr Wright choosing not to attend and not being represented;
AND UPON the Court delivering judgment on 19 December 2024 on issues of Dr Wright’s liability for contempt and holding that Dr Wright is in contempt of court on five separate grounds [2024] EWHC 3315 (Ch) (the “Contempt Judgment”), the specific acts of contempt in respect of which Dr Wright has been found guilty being summarised in Schedule A to this Order;
AND UPON the Court then hearing Jonathan Hough KC and Jonathan Moss, Counsel for the Claimant and Dr Wright (attending by videolink) on 19 December 2024 in relation to issues of the appropriate sentence for the contempts of court found in the Contempt Judgement;
AND UPON the Court determining the appropriate sentence for reasons summarised in open court on 19 December 2024 and set out in a further judgment delivered on 20 December 2024 [2024] EWHC 3316 (Ch) (the “Sentencing Judgment”);
AND UPON the Court determining of its own motion that the New Claim should be struck out and that certain consequential orders should be made for reasons given in the Sentencing Judgment;
IT IS ORDERED THAT:
Sentence of committal and suspension
- Dr Wright shall be committed to His Majesty’s Prison Pentonville for a period of 12 months from the date of his apprehension, and that a warrant of committal shall be issued to that effect.
- The committal of Dr Wright to prison under paragraph 1 is suspended until 20 December 2026, provided that Dr Wright does not commit any further breach of the Final Order in the period until 20 December 2026.
- The warrant of committal shall remain in the Court Office in the Business & Property Courts in the Rolls Building, on the condition that Dr Wright complies with the terms set out in paragraph 2 of this Order, with his failure to do so immediately activating his custodial sentence.
- On 21 December 2026, provided that Dr Wright has complied with paragraph 2 of this Order, the warrant of committal shall be discharged.
Costs of the Contempt Application
- Dr Wright shall pay COPA the costs of the Contempt Application, to be assessed on the indemnity basis in default of agreement.
- Dr Wright shall pay the sum of £145,000 by way of interim payment on account of such costs by 4pm on 3 January 2025.
Strike out of the New Claim and consequential orders
- The New Claim is hereby struck out as being an abuse of process, pursuant to CPR 3.3 and 3.4.
- Dr Wright shall pay the costs of SquareUp Europe Ltd in relation to the New Claim, to be assessed on the indemnity basis in default of agreement.
- SquareUp Europe Ltd has permission to file a schedule of those costs and to apply for an interim payment on account.
- Nothing in this Order affects any other party’s entitlement to claim costs against Dr Wright incurred in relation to the New Claim.
Appeal - Dr Wright can appeal (without the need for permission) paragraphs 1 to 6 of this Order to the Court of Appeal by filing and serving any appellant’s notice pursuant to CPR 52.12(2)(b) and CPR PD52D.9.1 by 4.30pm on 10 January 2025.
- Dr Wright does not have permission to appeal paragraphs 7 to 10 of this Order, and must seek permission to appeal from the Court of Appeal if he wishes to bring an appeal in relation to the strike out of the New Claim. Any such application for permission to appeal must be filed by 4.30pm on 10 January 2025.
Service
- This Order and the warrant of committal can be served on Dr Wright by way of substituted service by the means provided for by paragraph 2 of the order of Mr Justice Mellor of 1 November 2024, and the requirement for personal service is accordingly dispensed with pursuant to CPR 81.9(3).
The Court has provided a sealed copy of this order to the serving party:
Bird & Bird LLP at 12 New Fetter Lane, London EC4A 1JP (for the Claimant)
SCHEDULE A – FINDINGS OF CONTEMPT OF COURT
As set out in the Contempt Judgment of Mr Justice Mellor of 19 December 2024: [2024] EWHC 3315 (Ch), Dr Wright is guilty of the following acts of contempt of court:
(a) Contempt 1: By bringing a claim in the New Claim based on assertions of his ownership of goodwill in the name Bitcoin and/or the Bitcoin System, in breach of paragraph 1(a)(x) of the Final Order.
(b) Contempt 2: By bringing a claim in the New Claim based on assertions of his ownership of database rights in the Bitcoin Blockchain, in breach of paragraph 1(a)(vi) of the Final Order.
(c) Contempt 3: By bringing a claim in the New Claim based on assertions of his ownership of copyright in the Bitcoin White Paper, Bitcoin File Format and Bitcoin software, in breach of paragraphs 1(a)(ii) and 1(a)(viii) of the Final Order.
(d) Contempt 4: By asserting in the New Claim that Dr Wright is Satoshi Nakamoto and is responsible for acts done by Satoshi Nakamoto, in breach of paragraphs 1(a)(iii), 1(a)(iv), 1(a)(v) and 1(b) of the Final Order.
(e) Contempt 5: By making threats to bring proceedings which would be Precluded Proceedings, in breach of paragraph 2 of the Final Order.