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02 August 2024 / Dr Alvin Hoi-Chun Hung
Issue: 8082 / Categories: Features , Bitcoin
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Cryptoasset fraud: An unknown quantity?

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How a recent ruling on newcomers may offer a tool to combat cryptoasset fraud—Alvin Hoi-Chun Hung explains
  • Examines Wolverhampton City Council v London Gypsies and Travellers, where the Supreme Court upheld the creation of a ‘newcomer injunction’ that binds anyone with notice, even if they had no intention or had made no threat to perform the prohibited act at the time.
  • Provides a practical examination of relevant case law and explores the legal implications of the newcomer injunction for victims of cryptoasset fraud.

For nearly 200 years, the courts have generally adhered to Lord Eldon’s dictum in Iveson v Harris (1802) 7 Ves 251, 32 ER 102, which affirmed the equitable principle that injunctions are orders in personam (against a person). In recent years, however, courts have shown an increasing tendency to diverge from this principle.

In Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47, [2024] 2 All ER 431, a landmark decision about unauthorised encampments, the Supreme Court made a significant move to revise

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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
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