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08 July 2022
Issue: 7986 / Categories: Legal News , Cyber , Insolvency
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NLJ this week: Recovering cryptocurrency from an insolvent estate

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Cryptocurrency has been recognised as property, in a ground-breaking case, but the courts are grappling and wrestling with this area of law

In a fascinating article, Rachel Coyle of 36 Commercial explains why it’s time to get to grips with the insolvency context, given the door is now open to cryptocurrency being considered part of an insolvent estate.

Coyle describes the issues, relevant law and possible scenarios, adeptly leading the uninitiated through this very new area of law. Cryptocurrency, which is independent of the traditional banking system, is not centralised or controlled by any one person or entity. She writes: ‘What makes the cryptocurrency network so fascinating—at least to this writer—is that the transactions are anonymous. This opens up a whole host of problems.’

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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