header-logo header-logo

02 December 2022 / David Jones , Evie Meleagros
Issue: 8005 / Categories: Features , Profession , Cyber , Technology , Property
printer mail-detail

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

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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll