BitMEX sued for £20m over alleged mis-selling of crypto derivatives in UK

Software engineer Lewis Barber claims exchange operated without FCA approval, seeks restitution of lost bitcoin

By LineZotpaper
Published
Updated
Read Time2 min
Sources2 outlets
A cryptocurrency exchange founded by billionaire Reform UK donor Ben Delo is being sued for £20m over claims it mis-sold derivative products to UK investors without regulatory approval. Software engineer Lewis Barber alleges BitMEX offered crypto derivatives in the UK despite not being authorised by the Financial Conduct Authority (FCA), making the contracts void under the Financial Services and Markets Act 2000.

Barber claims he lost bitcoin worth £20m through trading derivatives on BitMEX between 2018 and 2022. His legal team argues he may be one of thousands of non-professional investors who sustained heavy losses from unregulated products. The claim, filed at the High Court but not yet served on BitMEX, contends that consumers are entitled to restitution.

Barber's statement of claim says BitMEX "conducted promotional campaigns on a worldwide basis and did not exclude the United Kingdom from their reach", and notes that the FCA issued a warning in March 2020 that BitMEX may have been trading in regulated investments without authorisation.

A spokesperson for BitMEX told The Guardian: "No such claim has been served on HDR Global Trading Limited." Gareth Keillor, partner at Seladore Legal representing Barber, said: "This is a substantial claim concerning losses sustained by Lewis over a number of years. The proceedings may also have wider relevance. Other UK-based persons may have entered into similar contracts with BitMEX."

The case emerges after BitMEX's voluntary closure on 23 September 2026 following a strategic review. The Seychelles-based company also faces a multimillion-dollar class action in New York alleging theft of bitcoin and insider trading, which it has vigorously denied. Ben Delo, a co-founder, recently donated a record £36m to the Reform party.

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Analysis

Why This Matters

  • The case could set a precedent for UK investors seeking restitution from unregistered crypto derivative exchanges.
  • It highlights regulatory gaps: BitMEX allegedly operated for years without FCA approval despite a 2020 warning.
  • The political connection to Reform UK may amplify scrutiny of crypto donations.

Background

BitMEX was founded in 2014 by Ben Delo, Arthur Hayes and Samuel Reed. In 2022, the founders pleaded guilty to US Bank Secrecy Act violations for failing to implement adequate anti-money laundering measures. The exchange recently shut down in September 2026. The FCA has consistently warned that crypto derivatives pose high risk to retail consumers.

Key Perspectives

Lewis Barber (claimant): Alleges he lost £20m in bitcoin through unregulated products and seeks recovery under UK law. His lawyers argue the transactions were void and that thousands may have similar claims. BitMEX (defendant): Denies the claim has been served and has previously rejected allegations of wrongdoing. It faces multiple lawsuits internationally but has not yet responded substantively in this UK case. Regulators and consumer advocates: The FCA has publicly warned about unregulated crypto derivatives. Critics argue that offshore exchanges have exploited jurisdictional gaps, leaving UK investors unprotected.

What to Watch

  • Whether BitMEX formally receives and responds to the High Court claim.
  • The outcome of the New York class action and its potential influence on UK proceedings.
  • Any further FCA enforcement action against offshore crypto exchanges targeting UK customers.

Sources

Zotpaper

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