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04 February 2020 / Malcolm Dowden
Issue: 7873 / Categories: Features , Cybercrime
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Book review: Blockchain, smart contracts, decentralised autonomous organisations and the law

15316
Editors: Daniel Kraus, Thierry Obrist, Olivier Hari
Publisher: Edward Elgar Publishing, 2019
ISBN: 978 1 78811 512 4
Pages: 384
RRP: £110

On 18 November 2019 the UK Jurisdiction Taskforce of the Law Delivery Panel delivered a 46-page legal statement concluding that:

  • cryptoassets, including virtual currencies, can in principle be treated as property, and
  • smart contracts are capable of satisfying the requirements of contracts in English law and are thus enforceable by the courts.

This followed the Law Commission’s statement, confirmed by the court in Neocleous v Rees [2019] EWHC 2462 (CH), that statutory requi rements for a signature can be met by electronic means.

Prompted by those significant legal development, practitioners are likely to be looking for reliable and up-to-date information on the relevant technologies and emerging business structures. Professor Daniel Kraus and a team of expert contributors have provided an excellent overview of the key issues, ranging from the practical and legal characteristics of blockchain to the major concerns exercising regulators around the world.

The sections on aspects of

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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