ruled the damages were speculative<\/a> and said investors had a duty to sell in the open market. Smaller claims from users who lost access or sold at a loss may still proceed.<\/p>\nThe case, launched by BSV Claims Ltd, seeks damages on behalf of BSV (BSV) investors following the cryptocurrency\u2019s 2019 delisting from major exchanges Binance and Kraken.\u00a0<\/p>\n
The representative claim had relied in part on a \u201closs of chance\u201d argument, asserting that BSV would have gained in value and possibly become a top-tier crypto asset if not for the delistings. The Tribunal and now the court rejected that argument.<\/p>\n
<\/p>\n
Holders could have sold\u00a0<\/h2>\n
According to the ruling, BSV holders who knew about the delistings (classified as \u201csub-class B\u201d) had the opportunity to sell their holdings and mitigate their losses.\u00a0<\/p>\n
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.<\/p>\n
The court also held that the loss of chance doctrine, typically applicable when outcomes hinge on third-party decisions, didn\u2019t fit the facts.<\/p>\n
\u00a0It 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.<\/p>\n
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.<\/p>\n
<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"
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