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24 January 2020
Issue: 7871 / Categories: Features
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Prized assets in a brave new (blockchain) world

14754
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

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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