#SerleShare – No duty owed by bitcoin networks to assist a bitcoin owner in recovering access to its assets
In this SerleShare, Zoe O’Sullivan QC considers the recent bitcoin judgment in Tulip Trading Ltd v Bitcoin Association for BSV and others [2022] EWHC 667 (Ch) where Falk J refused permission to serve proceedings out of the jurisdiction on four digital asset networks. Her interesting judgment examines the relationship between the network and their users.
The judge accepted that there was a good arguable case that TTL was resident in England (despite being a Seychelles company) that the bitcoin was located in England, and that damage was sustained in England. She also considered that England was the appropriate forum for trial. But the absence of a serious issue to be tried meant that permission for service out of the jurisdiction was refused.
The judgment can be viewed here.
