cryptoassets.law

UK based lawyer offering consultancy services for the management of cryptoasset disputes - for enquiries, please use the Contact page.

Identifying perpetrators of cryptoassets fraud using a Norwich Pharmacal order of the English court

Digital footprints are impervious to the desire of threat actors to maintain pseudonymity in their online activities. Victims of cyber fraud can leverage this evidence by deploying a versatile suite of tools under English law, designed to assist in discovering the facts necessary to trace the identity of their perpetrators - and in turn, to recovering misappropriated assets. The Norwich Pharmacal order A Norwich Pharmacal order (NPO) is a form of disclosure order of the English court which requires a person who is mixed up in wrongdoing to disclose certain documents and/or information to the applicant....

July 7, 2021 · 7 min

Bankers Trust orders: an important tool in cases involving cryptocurrency fraud

The prevalence of financial crime is increasing at an exponential rate both in the UK and internationally. Bankers Trust orders are a type of injunctive remedy of the English court which require a financial institution to provide information and documents in respect of a customer who has perpetrated a fraud. This interim remedy of the court provides a potential means to ascertain the identity of perpetrators of fraud in cases involving the misappropriation of cryptocurrency through cryptocurrency exchanges....

May 5, 2021 · 7 min

English court confirms legal remedies available in NFT crypto fraud cases

The High Court has made rulings in a March 2022 crypto-fraud case which confirm that non-fungible tokens (NFTs) are to be treated as legal property under English law. Lavinia Deborah Osbourne v. (1) Persons Unknown and (2) Ozone Networks, Inc. provides welcome confirmation that evolving legal remedies are available to NFT fraud victims who can satisfy the jurisdictional requirements to gain access to the English courts. Facts Lavinia Osbourne describes herself as a ‘blockchain, fintech and welltech specialist, consultant, and thought leader’, and is the founder of Women in Blockchain Talks, a networking and educational platform....

May 3, 2022 · 2 min

Injunctive relief granted by the English courts in a cryptocurrency fraud case involving the use of clipboard hijacker malware

In (1) Lubin Betancourt Reyes (2) Custodial Management Solutions Limited v (1) Persons Unknown x 3 (2) Tether Holdings Limited (3) Binance Holdings Ltd - June 2021, the English courts granted injunctive relief as an initial step to the recovery of stolen digital assets. Mr Reyes' legal team sought injunctive relief of the courts in London, including orders for disclosure against cryptocurrency exchange Binance, in similar circumstances to the prior case of Ion Science v Persons Unknown (21 December 2020)....

July 4, 2021 · 4 min

The publication of the Digital Dispute Resolution Rules in April 2021

In April 2021, a taskforce established by UK government and formed of legal and industry experts published a set of digital dispute resolution rules, which are intended to provide a mechanism for the rapid and cost effective resolution of disputes arising from novel digital technologies such as cryptoassets. The UK Jurisdiction Taskforce The UK Jurisdiction Taskforce (‘UKJT’) is a taskforce of the LawTech Delivery Panel, and is a team of technology and legal industry experts and leading figures from UK government and the judiciary....

May 4, 2021 · 5 min