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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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
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