header-logo header-logo

15 July 2022
Issue: 7987 / Categories: Legal News , Cyber
printer mail-detail

Court grants service by blockchain

Mr Justice Trower in the High Court has granted permission to serve court documents on unknown fraudsters via the transfer of a token on blockchain, in a legal first

D’Aloia v Binance Holdings & Others [2022] EWHC 1723 (Ch), is the first reported court order of its kind in Europe, and second only to a case in the Supreme Court of the State of New York in June (LCX AG v John Does Nos 1-25).

D’Aloia concerned an application for an urgent injunction made by Mr D’Aloia, the Italian founder of an online gambling company. He had discovered unknown persons had cloned his online brokerage and were misappropriating his cryptocurrency to encourage investors to place trades into two wallets.

According to Giambrone solicitors, acting for Mr D’Aloia, the court order is significant for two reasons. First, it allowed service by way of NFT (non-fungible token) airdrop to the two wallets and opens the way to use blockchain technology to serve proceedings in international crypto disputes thus overcoming a practical hurdle. Second, it recognised the five cryptocurrency exchange defendants held Mr D’Aloia’s cryptocurrency as constructive trustees. This means the exchanges are responsible for making sure the crypto is ringfenced and not moved on or withdrawn.

Giambrone associate Joanna Bailey said: ‘The importance of the court’s finding of a good arguable case of constructive trustee liability cannot be overstated.

‘Should cryptocurrency exchanges act contrary to such orders and fail to ringfence the identifiable cryptocurrency, they risk being held liable for breach of trust.’

Alternative service via various online methods has previously been authorised by the English Courts under CPR 6.15, including Instagram, Facebook and via a ‘contact’ section of the defendant’s website, but never before by means of distributed ledger technology (like blockchain).

Kate Gee, counsel at Signature Litigation, said: ‘Crypto exchanges must now take seriously the risks of claims against them for breach of trust, and take robust steps to ringfence identifiable cryptocurrency that is the subject of a dispute.’

Zoe Wyatt, partner at Andersen in the UK, said: ‘This case gives hope to those who have fallen victim to cryptoasset scams.’

Issue: 7987 / Categories: Legal News , Cyber
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll