Brit Who Lost 8K BTC Denied Appeal, Takes Case to Human Rights Court

Newport Man Takes Bitcoin Battle to European Court After UK Ruling Blocks Hard Drive Excavation.

Key Takeaways

  • Newport resident James Howells seeks ECHR intervention as a final attempt to recover 8,000 Bitcoin hard drive.
  • UK Royal Appeals Court denied excavation permission, citing “no real prospect of success.”
  • ECHR lacks authority to override UK court rulings, limiting potential outcome.

Newport resident James Howells plans to take his case to an international human rights convention to recover his lost Bitcoin. This comes after multiple failed attempts to access a UK landfill where he believes his hard drive containing 8,000 Bitcoin was discarded.

UK Appeal Court Rules There Was No “Real Prospect of Success”

In a LinkedIn post, Howells shared a screenshot of the UK Royal Appeals Court’s refusal, expressing frustration over the decision. He described it as another example of injustice, stating that the British legal system prioritizes protecting itself.

He also hinted that his next move would be to take the case to the European Convention on Human Rights (ECHR), hoping for a different outcome.

Howells had filed an appeal seeking permission to excavate a UK landfill where he believes his BTC hard drive, containing 8,000 Bitcoin, was accidentally discarded by his former partner in 2013. 

Despite his persistence, Judge Christopher Nugee rejected the application. The judge ruled that there was no real prospect of success and no compelling reason for the case to proceed.

For more than a decade, the Newport resident has been determined to recover the 8,000 Bitcoin he mined in 2009. 

After years of negotiations with Newport Council, he escalated the dispute last October by filing a lawsuit. He demanded either access to search for his BTC hard drive or $614 million (£495 million) in compensation.

However, on January 9, High Court Judge Andrew Keyser dismissed the case, echoing the Appeals Court’s stance. The ruling stated there was no realistic prospect of success if the case proceeded to a full trial. 

Newport Council’s legal team also argued that once an item enters the landfill, it becomes council property under UK law. Additionally, strict environmental regulations prohibit excavation, making any recovery attempt both legally complex and environmentally hazardous.

Howells had previously attempted to persuade the council by offering to donate 10% of the recovered 8,000 Bitcoin to benefit the local community. However, this offer did not change the council’s stance.

Further complicating matters, a Newport Council spokesperson confirmed last month that the UK landfill, which has been operational since the early 2000s, is nearing the end of its lifespan. The council plans to close and cap the site within the next two years, adding urgency to Howells' legal battle.

As the landfill nears closure, Howells faces dwindling options. With UK courts refusing to hear his case, his last hope now rests on the ECHR. 

ECHR Cannot Overturn a UK Court Decision

The ECHR is an international treaty that protects fundamental rights and freedoms across its member states, including the UK. However, the European Court of Human Rights, which enforces the convention, does not have the power to overrule or overturn decisions made by UK courts.

This means that even if Howells takes his case to the ECHR and wins, it would not automatically grant him access to search the landfill or recover his lost 8,000 Bitcoin.

Instead, a ruling in Howells’ favor would pressure the UK legal system to reassess whether the courts applied domestic laws aligned with the ECHR’s principles. 

The UK government would likely take steps to address any identified human rights violations, which could include revisiting the case or changing legislation. However, UK courts and authorities would still make the final decision on whether to take action.

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