UK Court Slams Door on BSV’s ’Loss of Chance’ Claim Against Binance
Another crypto legal showdown bites the dust—this time with BSV’s creative ’loss of opportunity’ argument getting tossed like a bad altcoin. The UK judiciary clearly isn’t buying what the Bitcoin SV camp is selling.
No fluffy judicial sympathy here: the ruling sets a hardline precedent against speculative damages in crypto exchange disputes. Meanwhile, Binance’s legal team racks up another win—probably funded by the ’withdrawal fee’ surplus.
Funny how these ’lost chances’ never seem to materialize when the market’s bleeding... but sure, blame the exchange. Classic crypto litigation theater.
Holders could have sold
According to the ruling, BSV holders who knew about the delistings (classified as “sub-class B”) had the opportunity to sell their holdings and mitigate their losses.
Since BSV was a tradeable asset with comparable alternatives like Bitcoin and Bitcoin Cash, cited by the claimants themselves, the court found that holding onto BSV after the delisting was a voluntary investment decision, not a recoverable loss.
The court also held that the loss of chance doctrine, typically applicable when outcomes hinge on third-party decisions, didn’t fit the facts.
It found the case revolved around direct causation: whether BSV WOULD have increased in value but for the delisting. That, the judge said, is a matter to be determined on the balance of probabilities, not speculation.
The judge also criticized the absence of a formal order by the Competition Appeal Tribunal, noting that such an order would have clarified the scope of the claim, especially with an appeal pending.