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The Crypto Factor

15 July 2020 / Jeremy Clarke-Williams , Valya Georgieva
Issue: 7895 / Categories: Features , Bitcoin , Defamation
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Valya Georgieva & Jeremy Clarke-Williams investigate jurisdiction, lis pendens & the greatest mystery in the crypto world

In brief

  • Lis pendens doctrine applied in defamation claim.
  • No inviolable right to sue in UK where Lugano Convention applies.
  • Factors that make a country ‘clearly the most appropriate’ jurisdiction.

‘Bitcoin is the world’s first decentralised cryptocurrency. The concept and technology behind Bitcoin was first published in October 2008 when its pseudonymous creator, Satoshi Nakamoto, sent the now famous protocol to a mailing list of cryptography enthusiasts. That protocol has since spawned a system of value and exchange with a current market cap of $150 billion.’

Thus begins the complaint of Ira Kleiman, the personal representative of the Estate of Dave Kleiman, against Craig Wright, filed in the Southern District of Florida in February 2018. The lawsuit concerns the ownership of hundreds of thousands of bitcoin and the intellectual property rights associated with certain blockchain technology.

Craig Wright is an Australian computer scientist and businessman. Since 2016,

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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