articles | 14 October 2024 | Elias Neocleous & Co LLC

Injunctions: “He who seeks equity, must do equity”

Over the past decade, the rise of cryptocurrencies has led to increased litigation, particularly in cases involving allegations of fraud. A recent decision by the Nicosia District Court in JDH & others v. T Ltd & others highlights the growing number of spurious claims against investment firms, often brought by investors seeking to recover losses from poor investment decisions. In this case, the investors obtained ex parte injunctions against T Ltd, alleging fraud and conspiracy. However, evidence presented by T Ltd revealed that the investors had willingly engaged in cryptocurrency trading and failed to disclose critical facts to the court. The court ultimately criticised the applicants for non-disclosure and stressed the equitable principle that “He who seeks equity must do equity.” This case underscores the importance of full and frank disclosure in applications for injunctive relief and the high standards of good faith required when invoking the court’s equitable jurisdiction.

For a more in-depth analysis of this topic, please refer to our forthcoming article titled “Injunctions: “He who seeks equity, must do equity” which provides a detailed exploration of recent case law, including JDH & others v. T Ltd & others, and the evolving legal landscape surrounding cryptocurrency disputes.

The full article can be viewed on Lexology.

For more information, please reach out to Chrysanthos Christoforou or Maria Keliri.

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