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UK Supreme Court Rejects BSV Investors’ Appeal to End $13 Billion Delisting Case

The ruling reinforces UK precedents that curb exchange liability for delistings, rejecting hypothetical‑loss theories, stressing investor mitigation.

Overview

  • In a Dec. 8 decision, the court said BSV Claims Limited’s application raised no arguable point of law or issue of general public importance, with the panel including Lord Hodge, Lord Sales, and Lady Rose.
  • The refusal leaves intact earlier judgments by the Court of Appeal and the Competition Appeal Tribunal, which applied the market‑mitigation rule to require timely selling where functioning markets existed.
  • BSV Claims Limited brought the case on behalf of roughly 243,000 UK token holders, alleging coordinated 2019 delistings by Binance, Kraken, ShapeShift, and Bittylicious in breach of competition law.
  • Courts rejected claims for speculative “foregone growth” damages, including a subgroup of about 75,000 investors who argued BSV could have appreciated in line with Bitcoin.
  • Exchanges and legal commentators describe the outcome as a precedent that affirms business discretion in delisting decisions, as BSV trades far below its 2021 peak and the claimant group has not issued a public response.