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NLJ this week: Recovering cryptocurrency from an insolvent estate

08 July 2022
Issue: 7986 / Categories: Legal News , Cyber , Insolvency
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Cryptocurrency has been recognised as property, in a ground-breaking case, but the courts are grappling and wrestling with this area of law

In a fascinating article, Rachel Coyle of 36 Commercial explains why it’s time to get to grips with the insolvency context, given the door is now open to cryptocurrency being considered part of an insolvent estate.

Coyle describes the issues, relevant law and possible scenarios, adeptly leading the uninitiated through this very new area of law. Cryptocurrency, which is independent of the traditional banking system, is not centralised or controlled by any one person or entity. She writes: ‘What makes the cryptocurrency network so fascinating—at least to this writer—is that the transactions are anonymous. This opens up a whole host of problems.’

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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