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02 August 2024 / Dr Alvin Hoi-Chun Hung
Issue: 8082 / Categories: Features , Bitcoin
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Cryptoasset fraud: An unknown quantity?

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How a recent ruling on newcomers may offer a tool to combat cryptoasset fraud—Alvin Hoi-Chun Hung explains
  • Examines Wolverhampton City Council v London Gypsies and Travellers, where the Supreme Court upheld the creation of a ‘newcomer injunction’ that binds anyone with notice, even if they had no intention or had made no threat to perform the prohibited act at the time.
  • Provides a practical examination of relevant case law and explores the legal implications of the newcomer injunction for victims of cryptoasset fraud.

For nearly 200 years, the courts have generally adhered to Lord Eldon’s dictum in Iveson v Harris (1802) 7 Ves 251, 32 ER 102, which affirmed the equitable principle that injunctions are orders in personam (against a person). In recent years, however, courts have shown an increasing tendency to diverge from this principle.

In Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47, [2024] 2 All ER 431, a landmark decision about unauthorised encampments, the Supreme Court made a significant move to revise this established orthodoxy. It ruled that courts can grant injunctions

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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