header-logo header-logo

Reforms proposed to digital disputes jurisdiction

11 June 2025
Issue: 8120 / Categories: Legal News , Crypto , Technology , Jurisdiction , International
printer mail-detail
The Law Commission has proposed reforms to the law of digital assets and electronic trade documents to resolve disputes and help victims of fraud

When deciding which jurisdiction applies, private international law traditionally relies on geographical location. Therefore, problems arise when using distributed ledger technology—a digital system for recording transactions in multiple places at the same time, which is used in blockchain-based technologies.

David Hertzell, senior counsel for the Law Commission, said: ‘From assisting victims of crypto fraud to recognising how users interact with smart contracts and coding protocols, our provisional proposals respond to the socio-economic realities of the 21st century.’  

Proposals include a ‘free-standing information order’ to help those who have lost crypto-tokens through fraud, factors to take into account when determining jurisdiction, such as parties’ expectations, and reforms to the Bills of Exchange Act 1882.

Respond to the consultation paper, Digital assets and electronic trade documents in private international law, by 8 September.

MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
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
Professor Dominic Regan of City Law School and the Frenkel Topping Group—AKA The insider—crowns Mazur v Charles Russell Speechlys LLP as his case of 2025 in his latest column for NLJ. The High Court’s decision—that non-authorised employees cannot conduct litigation, even under supervision—has sent shockwaves through the profession. Regan calls it the year’s defining moment for civil practitioners and reproduces a ‘cut-out-and-keep’ summary of key rulings from Mr Justice Sheldon
back-to-top-scroll