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15 October 2021 / Andrew Stafford KC , James Chapman-Booth
Issue: 7952 / Categories: Features , Property , Cyber
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Technology & the law: when worlds collide

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Andrew Stafford QC & James Chapman-Booth explore the tort of conversion in the digital age
  • If the English law is to continue to innovate, and to match the pace of technological progress it must be freed from the legal fiction which has shackled it to a form of property that is becoming decreasingly relevant.

In 2019 Sir Geoffrey Vos, referring to cryptoassets, spoke of ‘the ability of the common law in general, and English law in particular, to respond consistently and flexibly to new commercial mechanisms’ (Legal statement on cryptoassets and smart contracts, UK Jurisdiction Taskforce, November 2019).

The English High Court is certainly rising to the challenge. For instance, at the time of writing, the High Court has held in interlocutory proceedings that:

  • cryptocurrency is a form of property (although the form of that property remains an open question) (eg AA v Persons Unknown [2019] EWHC 3556 (Comm));
  • the lex situs of cryptocurrency is the place where the person or company
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MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
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