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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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Cadwalader—Andro Atlaga

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NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
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