header-logo header-logo

11 June 2025
Issue: 8120 / Categories: Legal News , Crypto , Technology , Jurisdiction , International
printer mail-detail

Reforms proposed to digital disputes jurisdiction

The Law Commission has proposed reforms to the law of digital assets and electronic trade documents to resolve disputes and help victims of fraud

When deciding which jurisdiction applies, private international law traditionally relies on geographical location. Therefore, problems arise when using distributed ledger technology—a digital system for recording transactions in multiple places at the same time, which is used in blockchain-based technologies.

David Hertzell, senior counsel for the Law Commission, said: ‘From assisting victims of crypto fraud to recognising how users interact with smart contracts and coding protocols, our provisional proposals respond to the socio-economic realities of the 21st century.’  

Proposals include a ‘free-standing information order’ to help those who have lost crypto-tokens through fraud, factors to take into account when determining jurisdiction, such as parties’ expectations, and reforms to the Bills of Exchange Act 1882.

Respond to the consultation paper, Digital assets and electronic trade documents in private international law, by 8 September.

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
back-to-top-scroll