Given the anonymous and pseudonymous nature of cryptocurrencies and blockchain, it can be difficult for plaintiffs to identify parties and serve legal proceedings on them. However, the High Court has permitted the service of legal proceedings on persons unknown via NFT (Non-Fungible Token) in the case of Fabrizio D'Aloia v (1) Persons Unknown and (2) Binance Holdings Limited & Others.

The New York Supreme Court took a similar approach in June by ordering the service of documents on the persons unknown controlling a crypto wallet by way of a 'service token' being airdropped to the end wallet. The service token contained a link to the court documents particularising the claim. This flexible approach also taken by the High Court may be invaluable going forward in contacting parties only identifiable by the crypto wallet address.

This High Court decision follows the recent case of Osbourne v Persons Unknown which confirmed that NFTs are classified as property under English and Welsh law ensuring that a plaintiff may have recourse to injunctive relief. Rachael Muldoon of 36 Commercial acted in Osbourne and worked alongside Dean Armstrong QC in D'Aloia.