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Prized assets in a brave new (blockchain) world

24 January 2020
Issue: 7871 / Categories: Features
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Cryptocurrencies under common law: are we there yet, asks Valya Georgieva
  • Cryptoassets can be regarded as a form of property and can be subject to long established legal principles.
  • Legislation and further fact-specific interpretation will be required as the use of cryptoassets continues developing.

Over the past few years, blockchain technology has become increasingly important to the global economy, with virtual currencies such as Bitcoin, Ethereum, and Ripple slowly infiltrating our lives. As these disruptive technologies have evolved, so has the litigation they generate.

Many questions arise in the context of cryptocurrency litigation: how does legal title to a cryptocurrency pass; can cryptocurrencies be held on trust; what legal recourse or remedies exist if cryptocurrencies are exploited for unlawful purposes, what happens in the event of insolvency? All of these questions revolve primarily around establishing the legal status of cryptocurrencies in order to ascertain whether they could be subject to well-established legal principles.

In November 2019, the UK Jurisdiction Taskforce (UKJT), a government commissioned body comprising members of the legal

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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