Issues in cryptoasset related civil claims—checklist

Produced in partnership with Charlotte Hill of Penningtons Manches Cooper
Checklists

Issues in cryptoasset related civil claims—checklist

Produced in partnership with Charlotte Hill of Penningtons Manches Cooper

Checklists
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This Checklist on cryptoassets considers issues for dispute resolution lawyers to consider when dealing with claims involving cryptoassets. It considers the key procedural issues involved in pursuing a civil claim where cryptoassets (usually their recovery) are in some way involved. The particular intangible and international nature of cryptocurrencies, which allows parties to exploit the asset and move it around the globe into less favourable jurisdictions, has made them ripe for misappropriation and theft and, to date, the caselaw in this area has almost exclusively been concerned with the recovery of stolen cryptocurrencies. Such decisions have thus far been at an interlocutory level only, however, the English courts have demonstrated a willingness to show flexibility in approach and to utilise the full panoply of procedures and rules at its disposal to facilitate effective attempts at civil recovery.

One of your first tasks, whatever the factual scenario involved in a civil claim, is to identify the parties involved (which can be a particularly difficult exercise), the potential causes of action (sometimes identifiable by first identifying

Charlotte Hill
Charlotte Hill

Charlotte is an experienced commercial litigator and is named as a ‘rising star’ in The Legal 500. She is recognised as being ‘tenacious … and a real force of nature’, and is said to be ‘brilliant at case management and marshalling evidence’ with ‘a particular talent for sniffing out the best pieces of evidence in a case’.

She advises on a broad range of complex, high-value cross-border disputes across a number of commercial and business sectors, including financial services (having previously been on secondment at a large institutional bank), company disputes, corporate insolvency and civil fraud / asset tracing. In addition, she has recently developed expertise in proceedings involving digital assets, including blockchain, cryptocurrencies and trading platforms / exchanges.

Charlotte is the elected president of the Junior London Solicitor Litigation Association, a committee member of the Cyber Insurance Association and a steering committee member of the Campaign for Greener Arbitrations.

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Jurisdiction(s):
United Kingdom

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