‘To that end, Dr Wright proposes that the judgment identifies any other “key documents” in respect of which the Judge would find further information helpful. Dr Wright will consider the judgment, following which the parties can seek to agree what (if any) further information should be provided. If the parties cannot reach agreement in that regard, the matter can conveniently come back before the court at the hearing that is likely to take place on 12th or13th October 2023 .’
‘15. In relation to each of these five concepts, please state: (a) What documents, if any, the Defendant produced in the course of his work on the concept. (b) If documents were produced, please identify them in the Defendant’s disclosure or explain why they have not been disclosed. (c) What is the relevance of each of these concepts and/or the documents identified to the content of White Paper. (d) Which parts of the White Paper, if any, are based on any earlier documents relating to the concept.’
‘The Defence states, at paragraph 25, that before prior [sic] to 2016, the Defendant “had discussed with a number of individuals that he was working on and had subsequently released Bitcoin and had notified various individuals that he was working on the project.” In Request 7 of the First RFI, the Claimant asked the Defendant to specify (a) the names of the individuals with whom he had discussed his working on the White Paper; (b) the nature of the communications; and (c) the dates on which such communications happened. The Defendant responded: “The quoted passage from paragraph 25 refers to Bitcoin generally and the Bitcoin project and not specifically to the White Paper. The individuals with whom Dr Wright discussed his working on Bitcoin included: Wing Commander Donald Lynam OM; Stefan Matthews; and David Kleiman. Moreover, Dr Wright discussed concepts underlying Bitcoin with employees of BDO and Centrebet.”’ “The quoted passage from paragraph 25 refers to Bitcoin generally and the Bitcoin project and not specifically to the White Paper. The individuals with whom Dr Wright discussed his working on Bitcoin included: Wing Commander Donald Lynam OM; Stefan Matthews; and David Kleiman. Moreover, Dr Wright discussed concepts underlying Bitcoin with employees of BDO and Centrebet.”’
‘16. For each of these individuals, please state what he told the person about his work on Bitcoin generally and the Bitcoin project; at what time(s) he told the person about such work; and whether any of the communications was in writing. If any of the material communications were in writing, please provide copies or identify them in the Defendant’s disclosure.’
“Dr Wright is not in possession of the private key, as stated in paragraph 83(3) of the defence. In early May 2016, Dr Wright destroyed the hard drive which contained the private keys which he had used in the private demonstrations – including the private key to block 9 of the Bitcoin Blockchain.”
“(1) Dr Wright held discussions orally and in email correspondence prior to the making of the series of agreements referred to in paragraph 31A above. In the course of those discussions Dr Wright identified certain documents relating to his authorship of the White Paper and indicated that he was the author of the White Paper. He has not publicly disclosed the nature of those discussions and was not obliged to do so. (2) Dr Wright did not provide ‘Subject’s Materials’ following the making of the EITC Agreement. However, Dr Wright did engage in the following matters which have been made public: (a) the interviews referred to in paragraph 31 above and paragraph 32 below (b) the 2 May Post to the extent referred to in paragraph 33 below and (c) the demonstrations referred to in paragraph 34 below.”
“Dr Wright first submitted his Project BlackNet research paper to AUSIndustry in 2001 as part of an application for a research grant and R&D tax rebate. He obtained R&D tax rebates from AUSIndustry (but not research grant funding) for project BlackNet during the period 2001 to 2009. He subsequently and unsuccessfully sought research grant funding and R&D tax rebates in 2009 and 2010. Dr Wright updated his Project BlackNet research paper each year that he submitted it to AUSIndustry. Early applications did not contain the abstract of the White Paper but later unsuccessful applications did. The image of the research paper published on Twitter is that used for a later application containing an abstract from the White Paper.”
‘…COPA seeks information in order to understand fully what Dr Wright’s pleaded case is. If he has submitted documents or communications to AUSIndustry (or similar authorities) containing materials relating to Bitcoin or the Bitcoin White Paper prior to the publication of the Bitcoin White Paper then those materials (and the dates on which they were submitted) will clearly be relevant to these proceedings, and as such COPA is entitled to ask for them. Equally, if Dr Wright cannot identify the applications or point to any relevant supporting documents, that is at least arguably a point on which COPA is entitled to rely.’
‘66. For each document source of the Defendant which is referred to in the Disclosure Review Document, please identify the operating system used. Response 66. It is not clear what is meant by “the operating system used”. Assuming that this is a reference to the operating system used by the custodian of the relevant documents (either now or at the time of collection of the document), the Claimant is not entitled to this information, for the following reasons: (a) It is not reasonably necessary to enable the Claimant to prepare its case or to understand the case it has to meet. (b) It is not proportionate. (c) It is, in any event, irrelevant. (d) It is, in substance, an oppressive request for additional disclosure and/or additional information about the Defendant’s disclosure. Such requests should be raised (and properly justified) in accordance with the framework ofPractice Direction 57AD , rather than by means ofCPR Part 18 request.’
‘Understanding the operating system used in respect of the documents that Dr Wright has disclosed is important in a case in which forensic document analysis is likely to play an important role. COPA therefore seeks an answer to this request.’
‘1. The overriding objective requires that, in order to deal with a case justly, the court should ensure, so far as practicable, that the parties are on an equal footing and can participate fully in proceedings, and that parties and witnesses can give their best evidence. The parties are required to help the court to further the overriding objective at all stages of civil proceedings. 2. Vulnerability of a party or witness may impede participation and also diminish the quality of evidence. The court should take all proportionate measures to address these issues in every case.’
‘3. It was evident from the Defendant's amendments to and comments on the Claimant's draft Bitcoin Primer that much of the disagreement between the parties appeared to stem from the Claimant's attempt to describe the technology and protocols used in BTC Core today, as opposed to how Bitcoin technology originally conceived and implemented by Satoshi Nakamoto, as set out in the Bitcoin White Paper and other of Satoshi Nakamoto's writings, operated during the period between its launch and his relinquishing control over the project in around April 2011. 4. The Defendant's view was that, per paragraph 27 of the CCMC Order, the contents of any Bitcoin Expert Evidence, and by implication, the Bitcoin Primer, must be limited to those relevant to "the issues in the claim". In the Defendant's view, a description of how BTC Core – or indeed any other digital asset – works today, given the numerous significant changes it has made to the original Bitcoin conceived and implemented by Satoshi Nakamoto, is not relevant to the central issue in the claim, i.e. whether or not the Defendant is the pseudonymous Satoshi Nakamoto, i.e. the person who created Bitcoin in 2009 (the "Identity Issue") and will therefore not assist the Court.’
‘a. The central issue in these proceedings is the Identity Issue, namely, whether the Defendant is the pseudonymous 'Satoshi Nakamoto', i.e. the person who created Bitcoin in 2009. b. One relevant, if not fundamental, aspect of that enquiry will be to examine the original intentions and implementation of Bitcoin by Satoshi Nakamoto and to compare them to the Defendant's own work, ideas and inventions. c. There have been indisputable modifications which have been made by those other than Satoshi Nakamoto to the original implementation of Bitcoin, for example, and without limitation, by BTC Core in relation to the ordering of transactions within each block. d. Those later implementation by others referred to at c. above will not be relevant to the enquiry referred to at b. above. e. Therefore, the Defendant is entitled and the Court needs to know whether the Claimant's Bitcoin Primer describes Bitcoin technology as originally conceived and implemented by Satoshi Nakamoto, or, alternatively, a modification of that at a later time by those other than Satoshi Nakamoto.’
‘To be clear, it [COPA] will rely upon those reports only in relation to documents addressed also in Mr Madden’s report. It wishes to do so for two purposes. First, to prove the fact that these documents have previously been found to be manipulated. Accordingly, if Dr Wright were to say in evidence that, if informed at an earlier point in time, he could have provided more information or supporting material to justify these documents, it can be put to him that they have been considered in earlier proceedings and found by experts to have been altered. Dr Wright has disclosed documents (and in some cases actively placed reliance on documents) which were previously said to have been tampered with and therefore he did so in knowledge of that fact; Dr Wright should not be allowed to plead ignorance on this matter. Secondly, to demonstrate that other skilled forensic document examiners have reached conclusions in line with those of Mr Madden. Thus, for example, any suggestion against Mr Madden that he had not adopted proper methods or had not handled the documents correctly could be met with the answer that other competent experts had used equivalent methods and reached equivalent conclusions.’
“22. The consequence of the judgment is that there is, as it seems to me, a sharp divide between opinion hearsay evidence which is adduced in circumstances where Part 35 does not apply because the evidence is not the evidence of an expert within the meaning of 35.2(1) and opinion expert evidence which is sought to be adduced where the person giving the evidence is an expert within 35.2(1). In relation to the former, because Part 35 does not apply, there is no requirement to obtain the permission of the court. The evidence is prima facie admissible under a combination of the 1972 Act and the 1995 Act, as I have explained. Being prima facie admissible, although the Court has a discretion, as it does with all evidence, to exclude it under 32.1(2) ("the court may use its power under this rule to exclude evidence that would otherwise be admissible") the general position is that the Court should be slow to exclude evidence that is admissible, leaving objections to the evidence to be given effect to by affecting the weight to be given by the evidence (see the decisions of David Richards J in Daltel Europe Limited v Makki[2005] EWHC 749 Ch and of Norris J in First Subsea Limited v Balltec Limited[2013] EWHC 1033 (Pat) . At paragraph [56] of Daltel[2005] EWHC 749 , David Richards J said: "Part 32.1(2) is primarily a case management power. It enables the court to exclude evidence so as, for example, to confine it to particular issues or to control the proliferation of evidence on an issue where significant evidence has already been adduced and the addition of further evidence would involve a disproportionate use of the parties and the court's resources In Post Office Counters Limited v Mahida[2003] EWCA Civ 1583 at para [24], Hale LJ said: "The power of the Civil Procedure Rules to exclude evidence even if it is admissible is principally a case management power designed to allow the court to stop cases getting out of hand and the hearing becoming interminable because more and more admissible evidence, especially hearsay evidence, is sought to be adduced." David Richards J continues: "No doubt the power to exclude evidence may be used for other purposes which are not connected with case management, for example, to ensure compliance with the European Convention on Human Rights. However, in the light of the approach adopted by theCivil Evidence Act 1995 , it seems to me it would rarely be a proper use of the power under Part 32.1(2) to exclude hearsay evidence which was relevant to the issues for decision on the ground that it was hearsay.” "Part 32.1(2) is primarily a case management power. It enables the court to exclude evidence so as, for example, to confine it to particular issues or to control the proliferation of evidence on an issue where significant evidence has already been adduced and the addition of further evidence would involve a disproportionate use of the parties and the court's resources In Post Office Counters Limited v Mahida[2003] EWCA Civ 1583 at para [24], Hale LJ said: "The power of the Civil Procedure Rules to exclude evidence even if it is admissible is principally a case management power designed to allow the court to stop cases getting out of hand and the hearing becoming interminable because more and more admissible evidence, especially hearsay evidence, is sought to be adduced." "No doubt the power to exclude evidence may be used for other purposes which are not connected with case management, for example, to ensure compliance with the European Convention on Human Rights. However, in the light of the approach adopted by theCivil Evidence Act 1995 , it seems to me it would rarely be a proper use of the power under Part 32.1(2) to exclude hearsay evidence which was relevant to the issues for decision on the ground that it was hearsay.”
‘27 This does not mean that the court is powerless to exclude expert evidence in appropriate cases and parties should not assume that they have carte blanche to rely upon whatever evidence they wish under hearsay notices, which has been adduced in previous proceedings. For example, if evidence is duplicative of evidence that is already being adduced by one of the parties, the court may take the view that is it appropriate to exclude it under CPR Pt 32.1. When exercising that power, the court will have regard to the overriding objective, and in particular whether its admission will give rise to disproportionate cost. This is supported by the authors of Phipson on Evidence (19th edn), who make the following observation on the judgment in Rogers v Hoyle[2014] EWCA Civ 257 at [29.16]: “‘Although correct in terms ofs.1 of the Civil Evidence Act 1995 , the court did not consider the factors that might then need to be balanced in terms of the overriding objective of the Civil Procedure Rules (revised from1 April 2013 ), that cases should be dealt with not only justly but also at proportionate cost. On the one hand, it might be said that the report reduces considerably the cost of litigation, by providing a ready-made report by an independent set of experts; that seems to have been the view taken by the Court of Appeal. On the other hand, unless the party introducing the report also produces its authors, and potentially the witnesses cited therein, to give evidence, the report is unlikely to fare well at the hands ofs.4(2) of the Act in terms of weight, and thus the question arises whether a document of little evidential weight should be admitted when it will take considerable effort and cost to assess….’”’ “‘Although correct in terms ofs.1 of the Civil Evidence Act 1995 , the court did not consider the factors that might then need to be balanced in terms of the overriding objective of the Civil Procedure Rules (revised from1 April 2013 ), that cases should be dealt with not only justly but also at proportionate cost. On the one hand, it might be said that the report reduces considerably the cost of litigation, by providing a ready-made report by an independent set of experts; that seems to have been the view taken by the Court of Appeal. On the other hand, unless the party introducing the report also produces its authors, and potentially the witnesses cited therein, to give evidence, the report is unlikely to fare well at the hands ofs.4(2) of the Act in terms of weight, and thus the question arises whether a document of little evidential weight should be admitted when it will take considerable effort and cost to assess….’”’