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NLJ this week: Crypto seize & freeze, & the digital landscape

11 October 2024
Issue: 8089 / Categories: Legal News , Criminal , Crypto , Cybercrime , Regulatory , Insolvency
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NLJ serves up a double helping of crypto this week. First, Andrew Bird KC takes a detailed look at the powers to freeze and destroy digital assets. Next up, Iain Young covers the legal landscape of crypto in Scotland & England

Criminal gangs are exploiting crypto to hold and trade the proceeds of crime. Consequently, new powers were added to the crimefighter’s arsenal in April. Bird KC, of 5 St Andrew’s Hill, takes a detailed look at what’s available and how the powers can be used.

Bird writes: ‘The extension to the criminal powers brings cryptoassets squarely within the scope of restraint and enforcement powers.’

Meanwhile, Scotland has different laws on digital assets and therefore faces unique obstacles in this area, as Young, partner at Morton Fraser MacRoberts, explains.

Young covers key questions about the transfer of digital assets in Scotland and England, as well as their legal status, security interests, traceability, accessibility, title proof, and the implications of insolvency.

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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