Martin Evans KC successful in Civil Recovery

𝐃𝐏𝐏 -𝐯- 𝐒𝐮𝐫𝐢𝐧 - [2025] EWHC 10 (KB)

The DPP applied for summary judgment (under CPR 24.2) in a civil recovery claim under Part 5 of PoCA in respect of circa 78 Bitcoin held by S in a wallet associated with an account operated by Coinbase Kenya. Some of the Bitcoin received into the account derived from drug trafficking. Mould J found the DPP had established a credible case that the Bitcoin was ‘recoverable property’ (under s.240). A recovery order had been made against S in 2015 in respect of three Ferraris, a Rolls-Royce Phantom, the proceeds from the sale of a Bugatti Veyron, real property and cash in bank.

S contended that the account was used for legitimate trading in gold bullion, watches and other luxury items. Applying the principles were summarised in Easyair Ltd (t/a Openair) v Opal Telecom Ltd [2009] EWHC 339 (Ch), Mould J concluded that S’s case” lacks any conviction or degree of credibility and raises no genuinely triable issue”. As there was no real prospect of defending the claim, he granted summary judgment on the claim and dismissed S’s strike out application.

The full judgment can be found here.

The DPP was represented by Martin Evans KC of 33 Chancery Lane & Tom Rainsbury of 3 Verulam Buildings.