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15 July 2020 / Jeremy Clarke-Williams , Valya Georgieva
Issue: 7895 / Categories: Features , Bitcoin , Defamation
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The Crypto Factor

24272
Valya Georgieva & Jeremy Clarke-Williams investigate jurisdiction, lis pendens & the greatest mystery in the crypto world

In brief

  • Lis pendens doctrine applied in defamation claim.
  • No inviolable right to sue in UK where Lugano Convention applies.
  • Factors that make a country ‘clearly the most appropriate’ jurisdiction.

‘Bitcoin is the world’s first decentralised cryptocurrency. The concept and technology behind Bitcoin was first published in October 2008 when its pseudonymous creator, Satoshi Nakamoto, sent the now famous protocol to a mailing list of cryptography enthusiasts. That protocol has since spawned a system of value and exchange with a current market cap of $150 billion.’

Thus begins the complaint of Ira Kleiman, the personal representative of the Estate of Dave Kleiman, against Craig Wright, filed in the Southern District of Florida in February 2018. The lawsuit concerns the ownership of hundreds of thousands of bitcoin and the intellectual property rights associated with certain blockchain technology.

Craig Wright is an Australian computer scientist and businessman. Since 2016, he has claimed that he is Satoshi Nakamoto, a claim that

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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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