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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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