Wednesday 7 – Thursday 8 December 2022
By Appellant’s Notice filed on 27 May 2022, Tulip Trading (“TTL”) (Claimant below) appeal the Order of Falk J (High Court, Chancery Division) dated 25 March 2022 by which the Order of Deputy Master Nurse dated 8 May 2021 was set aside.
Facts: The Claimant, Tulip Trading Limited (“TTL”), is a company incorporated in the Seychelles. The claim relates to a very substantial amount of digital currency assets that TTL claims to own but is currently unable to control or use, following what it says was a hack of computers located at Dr Wright’s home office in Surrey. In outline, TTL’s case is that the Defendants are the core developers and/or otherwise control the software in respect of four relevant digital asset networks (the “Networks”): (1)The Bitcoin Satoshi Vision network (the “BSV Network”) – the First Defendant (the “Bitcoin Association”)l; (2) the Bitcoin Core network (the “BTC Network”) – the Second to Thirteenth Defendants (the “BTC Developers”); (3) The Bitcoin Cash network (the “BCH Network”) – the Fourteenth Defendant; (4) The Bitcoin Cash ABC network (the “BCH ABC Network”) – the Fifteenth and Sixteenth Defendants. TTL claimed that the Defendants owe it fiduciary and/or tortious duties which have the effect that they should assist it in regaining control and use of its assets. Falk J concluded that TTL did not establish a serious issue to be tried on the merits of the claim and set aside the order of Deputy Master Nurse granting permission to serve the claim form out of the jurisdiction, and to set aside service of the claim form.