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11 October 2024
Issue: 8089 / Categories: Legal News , Criminal , Crypto , Cybercrime , Regulatory , Insolvency
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NLJ this week: Crypto seize & freeze, & the digital landscape

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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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