"35. In the premises, on several occasions when Wright has sought to prove he is Satoshi by way of documentary evidence, it has been shown that the documents he relies on are not what he claims they are."
"66. In the Kleiman Litigation, [the defendant] proffered an email from Dave Kleiman to Uyen Nguyen to the court as evidence supporting [the defendant]'s request for the court to dismiss the action for lack of subject-matter jurisdiction. This email was purportedly dated20 December 2012 . When the email became public, members of the public showed that the PGP signature on the email was created a year after the death of Dave Kleiman. [The defendant] subsequently withdrew the email from evidence, stating that he could not verify the date of the email exchange. 67. In the premises, it is averred that [the defendant] has a history of producing false documentation and making assertions which he cannot back up when required by a court."
"From: Dave Klieman To: Uyen Nguyen Subject: Appointment letter Date: Thursday,20 December 2012 8:19:03 AM BEGIN PGP SIGNED MESSAGE Hash:SHA1 UT Craig speaks highly of you. I am going to need and ask for your help. You know Craig well and I am an enigma. I have been unwell and in the VA far too much. I need a person who can run around. Craig is too far away and we need him to remain off of this. I will ask you to be a director with me in W&K Information Defense Research LLC. We are setting up a company in Australia and will move the assets back from Panama once this is complete. We placed them there to protect Craig. At the time, the Australian IRS valued the IP at nothing, now it is ok, but one day it could be worth more than anything we can imagine. For this reason, we need to work to stop it being seen in the wrong light. Craig is a great guy, but too volatile. He also does not know when to accept that rules get broken by others far too much. Unless I hear otherwise, I will assume you are coming on-board. I will work out a time to meet with you in May if my health improves. Do not let Craig badger you too much. Dave BEGIN PGP SIGNATURE Version: GnuPG v2.0.19 (MingW32) [ … ] END PGP SIGNATURE "
"The allegations made in paragraph 28 and 29 of the Particulars of Claim are not relevant to this case and fall to be struck out. Notwithstanding the foregoing, [the defendant] responds as follows."
"Findings or rulings made in the Kleiman Litigation are of no relevance to and are inadmissible in these proceedings. Therefore paragraphs 63 to 65 of the Particulars of Claim fall to be struck out."
"With regard to paragraphs 66 and 67 of the Particulars of Claim, notwithstanding that the allegations fall to be struck out as inadmissible and irrelevant…"
"The following shall not be admissible in these proceedings: (i) evidence regarding findings of fact made in the Kleiman Litigation; (ii) evidence regarding the assertions made by members of the public referred to in paragraph 66 of the [amended particulars of claim]; (iii) evidence to the effect that the email referred to in paragraph 66 of the [amended particulars of claim] and paragraph 30 of the reply ("the email") was determined by other persons to be a forgery; and (iv) evidence as to the authenticity or otherwise of the email."
"The e-mail was therefore electronically tampered with and forged by [the defendant]. As to the basis on which the Claimant alleges forgery, the Claimant relies on the above matters as establishing this allegation."
"In the Kleiman Litigation, [the defendant] proffered a Deed of Trust document as evidence of the existence of a trust called the Tulip Trust. [The defendant] has claimed that the Tulip Trust held Bitcoin and/or an encrypted file with keys to that Bitcoin. The Deed of Trust document that was adduced by [the defendant] was dated23 October 2012 . That date was false, and computer forensic analysis of this document shows that it was backdated and that it was not created until at least22 May 2015 (over two years after the death of David Kleiman on26 April 2013 ). This document was therefore forged. As to the basis on which the Claimant alleges forgery, the Claimant relies on the above matters and the fact that this Deed of Trust document was found to be backdated in the Order of Justice Reinhart dated27 August 2019 ."
"The Claimant will establish at the trial of this matter by way of forensic computer evidence that the above documents (being those referenced in paragraphs 28-29, 66 and 66A) were, in fact, forged or otherwise doctored unless [the defendant] admits such"
"A judgment obtained by A against B ought not to be evidence against C, for, in the words of the Chief Justice in the Duchess of Kingston's Case (1776) 2 Sm LC 13th ed. 644, 'it would be unjust to bind any person who could not be admitted to make a defence, or to examine witnesses or to appeal from a judgment he might think erroneous: and therefore .... the judgment of the court upon facts found, although evidence against the parties, and all claiming under them, are not, in general, to be used to the prejudice of strangers.' This is true, not only of convictions, but also of judgments in civil actions. If given between the same parties they are conclusive, but not against anyone who was not a party. If the judgment is not conclusive we have already given our reasons for holding that it ought not to be admitted as some evidence of a fact which must have been found owing mainly to the impossibility of determining what weight should be given to it without retrying the former case. A judgment, however, is conclusive as against all persons of the existence of the state of things which it actually affects when the existence of that state is a fact in issue. Thus, if A sues B, alleging that owing to B's negligence he has been held liable to pay xl . to C, the judgment obtained by C is conclusive as to the amount of damages that A has had to pay C, but it is not evidence that B was negligent: see Green v. New River Co (1792) 4 Term Rep. 589, and B can show, if he can, that the amount recovered was not the true measure of damage."
"In principle the judgment, verdict or award of another tribunal is not admissible evidence to prove a fact in issue or a fact relevant to the issue in other proceedings between different parties. The leading authority for that proposition is Hollington v. F. Hewthorn & Co. Ltd. [1943] K.B. 587, in which a criminal conviction for careless driving was held inadmissible as evidence of negligence in a subsequent civil action. There has been criticism of this decision, and important exceptions have since been created by statute, notably in theCivil Evidence Act 1968 , but none of them would apply here. In Hunter v. Chief Constable of the West Midlands Police[1982] AC 529 , 543, Lord Diplock said that Hollington v. F. Hewthorn & Co. Ltd. was 'generally considered to have been wrongly decided.' He did not elaborate on this remark, which in any case was not necessary for the decision. In Savings & Investment Bank Ltd. v. Gasco Investments (Netherlands) B. V. [1984] 1 W.L.R. 271, 280, Peter Gibson J. said that Hollington v. F. Hewthorn J_J & Co. Ltd. still represented the common law."
"Mr. Clark is no doubt an expert valuer but I do not think he gave his award in that capacity. An arbitrator is obliged to act solely on the evidence adduced by the parties. Mr. Clark may, by reason of his expertise, have known about matters which cast doubt on points which went unchallenged in the arbitration. If he had been acting as an expert he would have been able to take this knowledge into account. As an arbitrator he would not. His position, in my judgment, was no different from that of a judge determining the rent of a new lease of premises under theLandlord and Tenant Act 1954 . The admissibility of his judgment as evidence of the value of the premises in proceedings between different parties cannot depend on whether he happens to have expertise in valuation."
"The arbitrator's award, expert or not, is an assertion as to the value of a comparable property made by a person not called as a witness and used to prove the truth of that assertion."
"26. I am unable to accept the distinction on which counsel for the Secretary of State relies. Even if Hollington v F. Hewthorn & Co. Ltd could originally have been confined to cases in which the earlier decision was that of a court exercising a criminal jurisdiction, it has stood for over 60 years as establishing a much broader proposition. There was no criminal prosecution in any of the other cases to which I have referred except Hui Chi-Ming v R . The submission of counsel is inconsistent with the judicial statements made in each of the other cases to which I have referred, in particular of Lords Steyn, Hope of Craighead and Hutton in Three Rivers District Council v Bank of England . It is true that in most of them the decision in question was not that of a court, but of inspectors appointed under the Companies Act, an arbitrator or extra-statutory investigators. But that feature was not the basis of the decision in any of those cases and cannot account for the dictum of Balcombe LJ in Symphony Group plc v Hodgson or the decision of Keene J in Hawaz v The Thomas Cook Group Ltd . 27. Accordingly I would accept the submission of counsel for Mr Bairstow that the factual findings and conclusions of Nelson J in the earlier proceedings are not admissible as evidence of the facts so found in these proceedings. Counsel for the Secretary of State accepted that he could not rely on any statutory or common law exception to render those conclusions admissible for the purpose of proving those facts. … Counsel for the Secretary of State also accepted that if the factual conclusions of Nelson J are inadmissible there is nothing in the Civil Procedure Rules, in particularCPR Rule 32.1 , to alter the position."
"As the judge rightly recognised the foundation on which the rule [in Hollington v Hewthorn ] must now rest is that findings of fact made by another decision maker are not to be admitted in a subsequent trial because the decision at that trial is to be made by the judge appointed to hear it ('the trial judge'), and not another. The trial judge must decide the case for himself on the evidence that he receives, and in the light of the submissions on that evidence made to him. To admit evidence of the findings of fact of another person, however distinguished, and however thorough and competent his examination of the issues may have been, risks the decision being made, at least in part, on evidence other than that which the trial judge has heard and in reliance on the opinion of someone who is neither the relevant decision maker nor an expert in any relevant discipline, of which decision making is not one. The opinion of someone who is not the trial judge is, therefore, as a matter of law, irrelevant and not one to which he ought to have regard."
"85. In Calyon [ v Michailaidis[2009] UKPC 34 ] Mr Steinfeld QC, who also appeared for the claimants in that case, sought to persuade the Privy Council to depart from the established principles underlying Hollington v Hewthorn , but they declined to do so. In [28] of the judgment, the Privy Council recognised that, whilst the actual decision in Hollington v Hewthorn had been criticised, it continued to embody the common law as to the effect of previous decisions. It was in that context that they referred at [30] to [31] to the Report of the Law Reform Committee and concluded, not just that the reasoning of the Court of Appeal in Hollington v Hewthorn on this aspect of the law was compelling, but that it was significant that, in passing theCivil Evidence Act 1968 , Parliament made no change to this aspect of the law. In other words, the rule in Hollington v Hewthorn represents a well-established principle of law which this Court should follow."
"(1) The court may control the evidence by giving directions as to – (a) the issues on which it requires evidence; (b) the nature of the evidence which it requires to decide those issues; and (c) the way in which the evidence is to be placed before the court. (2) The court may use its power under this rule to exclude evidence that would otherwise be admissible."
"52. … The test of admissibility of similar facts against a defendant in criminal proceedings, as propounded in DPP v P and in the [Criminal Justice Act 2003 ], requires an enhanced relevance or substantial probative value because, if the evidence is not cogent, the prejudice that it will cause to the defendant may render the proceedings unfair. The test of admissibility builds in protection for the defendant in the interests of justice. It leads to the exclusion of evidence which is relevant on the ground that it is not sufficiently probative. So far as evidence of bad character that the defendant wishes to adduce against a police witness, the test of admissibility in both Edwards andsection 100 of the 2003 Act requires an enhanced relevance in order to ensure that the ambit of the trial remains manageable. 53. I can see no warrant for the automatic application of either of these tests as a rule of law in a civil suit. To do so would build into our civil procedure an inflexibility which is inappropriate and undesirable. I would simply apply the test of relevance as the test of admissibility of similar fact evidence in a civil suit. Such evidence is admissible if it is potentially probative of an issue in the action. 54. This is not to say that the policy considerations that have given rise to the complex rules of criminal evidence that are now to be found in sections 100 to 106 of the 2003 Act have no part to play in the conduct of civil litigation. They are policy considerations which the judge who has the management of the litigation will wish to keep well in mind.CPR 1.2 requires the court to give effect to the overriding objective of dealing with cases justly. This includes dealing with the case in a way which is proportionate to what is involved in the case, and in a manner which is expeditious and fair.CPR 1.4 requires the court actively to manage the case in order to further the overriding objective.CPR 32.1 gives the court the power to control the evidence. This power expressly enables the court to exclude evidence that would otherwise be admissible and to limit cross-examination. 55. Similar fact evidence will not necessarily risk causing any unfair prejudice to the party against whom it is directed. It would not have done so in Metropolitan Asylum District Managers v Hill. It may, however, carry such a risk. Evidence of impropriety which reflects adversely on the character of a party may risk causing prejudice that is disproportionate to its relevance, particularly where the trial is taking place before a jury. In such a case the judge will be astute to see that the probative cogency of the evidence justifies this risk of prejudice in the interests of a fair trial. 56. Equally, when considering whether to admit evidence, or permit cross-examination, on matters that are collateral to the central issues, the judge will have regard to the need for proportionality and expedition. He will consider whether the evidence in question is likely to be relatively uncontroversial, or whether its admission is likely to create side issues which will unbalance the trial and make it harder to see the wood from the trees. He will have well in mind the considerations that concerned this House when contemplating the effect of the admission of the disputed evidence in Metropolitan Asylum District Managers v Hill. 57. For these reasons I would reject the appellant's submission that similar fact evidence is only admissible in a civil suit if it is likely to be reasonably conclusive of a primary issue in the proceedings or alternatively if it has enhanced relevance so as to have substantial probative value."
"67. There is a two-stage test: (i) Is the proposed evidence potentially probative of one or more issues in the current litigation? If it is, it will be legally admissible. (ii) If it is legally admissible, are there good grounds why a court should decline to admit it in the exercise of its case management powers? Lord Bingham suggested at para 6 three matters that might affect the way in which a judge exercised his/her discretion in this regard: (i) That the new evidence will distort the trial and distract the attention of the decision-maker by focussing attention on issues that are collateral to the issues to be decided; (ii) That it will be necessary to weigh the potential probative value of the evidence against its potential for causing unfair prejudice; (iii) That consideration must be given to the burden which its admission would lay on the resisting party. The first two of these considerations were said to be particularly potent when trial was to be by jury. In relation to the third of these matters, Lord Bingham referred at para 6 to: 'the burden in time, cost and personnel resources, very considerable in a case such as this, of giving disclosure; the lengthening of the trial, with the increased cost and stress inevitably involved; the potential prejudice to witnesses called upon to recall matters long closed, or thought to be closed; the loss of documentation; the fading of recollections.' 68. He ended by saying: 'In deciding whether evidence in a given case should be admitted the judge's overriding purpose will be to promote the ends of justice. But the judge must always bear in mind that justice requires not only that the right answer be given but also that it be achieved by a trial process which is fair to all parties.' 69. Lord Phillips identified a relevant consideration at para 56: ' … [W]hen considering whether to admit evidence, or permit cross-examination, on matters that are collateral to the central issues, the judge will have regard to the need for proportionality and expedition. He will consider whether the evidence in question is likely to be relatively uncontroversial , or whether its admission is likely to create side issues which will unbalance the trial and make it harder to see the wood from the trees.' (Emphasis added)"
"As to the basis on which the Claimant alleges forgery, the Claimant relies on the above matters and the fact that this Deed of Trust document was found to be backdated in the Order of Justice Reinhart dated27 August 2019 ."
"In addition to the matters whichPD 16 requires to be set out specifically in the particulars of claim, a party must set out in any statement of case: • full particulars of any allegation of fraud, dishonesty, malice or illegality; and • where any inference of fraud or dishonesty is alleged, the facts on the basis of which the inference is alleged ." (Emphasis supplied)