header-logo header-logo

07 March 2025 / Jessica Boxford , Joseph Evans , Cassidy Fan
Issue: 8107 / Categories: Features , Insolvency , Technology , Crypto , Property
printer mail-detail

The future of insolvency: a digital asset revolution

210368
The definition of ‘property’ is about to expand: Jessica Boxford, Joseph Evans & Cassidy Fan explore the impact on insolvency practitioners
  • The Property (Digital Assets etc) Bill will widen the definition of ‘property’ in general law. This means officeholders can, with increased certainty, exercise their statutory powers over digital and unconventional assets.
  • The Bill also introduces additional costs and complexities due to the highly diverse and evolving nature of digital assets.

The new Property (Digital Assets etc) Bill introduced into Parliament on 11 September 2024 will widen the definition of ‘property’ in general law. This article considers the impact of the Bill on the law relating to insolvency.

The Bill will expand what property constitutes the insolvent estate. This means officeholders can, with increased certainty, exercise their statutory powers under the Insolvency Act 1986 (IA 1986) over digital and unconventional assets. This could potentially mean those assets could be realised, and creditors could receive a larger dividend from the distribution

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll