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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
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
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
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
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
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