Issues in cryptoasset related civil claims—checklist
Produced in partnership with Charlotte Hill of Penningtons Manches Cooper
ChecklistsIssues in cryptoasset related civil claims—checklist
Produced in partnership with Charlotte Hill of Penningtons Manches Cooper
ChecklistsThis 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
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