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Technology & the law: when worlds collide

15 October 2021 / Andrew Stafford KC , James Chapman-Booth
Issue: 7952 / Categories: Features , Property , Cyber
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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—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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