LEGAL COURT RULING UK - UPPER COURTS - UK

[atlas27]

This topic is for all matters legal in the UK and commonwealth nations who also use the UK privy court as their ultimate court of appeal

[atlas27]

I have a legal matter that will affect everyone holding crypto in the UK and the court systems of other commonwealth countries.


1 - Outline - UK Family court and divorce case
2- Ramifications
3- Court Case Details
4- Judgement
5- other details
6- How you can help

1- Outline
======
I am about to start a court appeal in the upper courts of the UK. against my ex-wife.


2 - Ramifications :
============
The UK court system relies on legal precedent in the absence of statute law.
Precedents are set in the upper courts, namely the High Court, the Court of Appeal and the Supreme Court - in that order from bottom to top.
Once one of these courts make a ruling, it is binding on all courts below it.

I will be appealing into either the High Court or Court of Appeal - I will know later this week.

Whatever decision of the Court - it will have massive reverberations for several areas of law:

1) The legal status of bitcoin and eth - currently there are no legal definitions of bitcoin as a legal status. It is not an asset, or currency.
2) The legal valuation mechanism
3) The consequence for divorcing couples where one asserts the other owns crypto, but the other has lost it in an exchange crash - like that of BTC-e in July 2017  


3 - Court Case Details
==============
My wife and I divorced in Sep 2019 after a 21 year marriage and 3 children. Her case is she believed I had 65 btc and still have them. She has relentlessly forced me through family court for 18months and 4 hearings including a 2 day hearing of cross examinations in Jan 26/27 2021.

My case is that I never had 65 btc at any one time, in fact far less. Part of this was that I converted most of my btc into eth.What I did have was lost in the BTC-e crash of 2017 like a lot of others. This was about 8.6 btc + 298eth.

4 - Judgement Family Court
====================
Family court has ruled that I £1.1m of btc. It has also ignored the coinbase evidence that was supplied and preferred to make adverse inferences instead. This has effectively meant that my ex-wife will get the family marital home worth £800K and I won't have a pot to piss in.

5 - Other details
===============
My ex was a stay at home mum who never worked. I worked all hours god gave, commuting from M*****d to London for my job, doing 13 hr days to support my family and build a decent home. I married young at 25. Met her in post war torn Serbia. She was a teacher earning a subsistence 5 Deutschmarks/month in 1998 and knew what it was to queue for milk and bread in the aftermath of the war there.  I got her pregnant and decided to do the right thing. I believed she'd value what kind of a life I could give her. She never talked about money and let me manage everything. Eventually she joined a tennis club and became friends with wealthy, bitter, divorced, disaffected middle aged women who advised her against me. You can guess the rest.

Part of this is that I was forced out of the house I built and laboured for, for 20 years by Family Court with an Occupation Order.

I'm currently living in Wales to keep costs down. Having been to court 14 times I may as well keep going as the law is the only weapon we have to take on the state.

The state is financially raping me via the Child Maintenance Service (CMS) to pay my ex-wife for my kids to live with her. She magically got a teaching job after we divorced but that ceased in May 2020 due to covid and still doesn't work.

6- How you can help
=================
Any advice welcome especially on where to crowd fund this

Cheers
Atlas

[hilariousandco]

Asking for donations isn't allowed here. If you want to keep this thread documenting your legal case then that's probably fine but if you're going to try to use it as some sort of crowd-funding then it won't be permitted.

[Theb]

If I were you I'll be just appealing on the part of your true holdings with regards to you only having around 8.6 BTC and 298 ETH as you'll have a bigger chance of reversing the ruling if you don't cover a wider part of the problem. Involving the matters of Bitcoin and ETH as well as unprecedented issues regarding separation of crypto holdings is something that the upper court will have a hard time in, chances are they will just deny you an opportunity to show a case for them. Just focus on the digital trail that was left by your crypto transactions and show the best as you can proving that you only have that much of crypto and not the 65 BTC she is claiming you have the court will have an easier way of judgement with regards to this.

[jubalix]

This stuff can be pretty important because it can set a precedent that the other side can just "assert" you have a large bitcoin holding when you don't which would then become a common tactic if it gets up.

Prolly worth a go fund me appeal or some such. A precedent that put weakens the balance of probabilities needs to be shut down