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02 December 2022 / David Jones , Evie Meleagros
Issue: 8005 / Categories: Features , Profession , Cyber , Technology , Property
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Cryptocurrencies: watch this space?

David Jones & Evie Meleagros consider the progress & challenges of cryptoasset cases in the courts of England & Wales
  • In the eyes of law, cryptocurrency has so far been treated as property. However, there are still issues when it comes to recovering or enforcing it, because it is intangible and decentralised.
  • Crypto-fraud has been on the rise in recent years and has been tricky for the courts to deal with, because while they are willing to adapt the framework to help victims, they are rarely able to get participation from defendants.

When it first started trading, the initial price for one Bitcoin was less than a dollar. At the time of writing, that price is just over $18,000 per unit having settled from a previous high of almost $50,000. The rise of Bitcoin and other cryptocurrencies has been coupled with a rise in crypto-related crime, which has created the need for redress in the courts. Consequently, the demand for freezing orders and proprietary injunctions

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
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