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Issues in cryptoasset related civil claims—checklist

Issues in cryptoasset related civil claims—checklist 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...

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Cryptoassets in insolvency

Cryptoassets in insolvency Cryptoassets—the basics In its simplest form, cryptoassets are a virtual currency which uses encryption to verify transactions denominated in that currency. It is a decentralised, near-instantaneous, and anonymous form of currency, independent of the traditional banking system. For further reading on the formation of cryptoassets, see: • Fintech—overview • Cryptoassets—overview • Practice Note: Web 3.0, digital assets and cryptoassets—essentials Insolvency and restructuring in the context of cryptoassets This Practice Note considers some of the issues that an insolvency professional (including an insolvency practitioner (IP)) might face if appointed to deal with a cryptoasset-related insolvency. This Practice Note does not consider the implications of cryptoassets in a personal bankruptcy scenario. It is widely acknowledged that legal and regulatory oversight of cryptoassets is somewhat behind the curve. Having said that, legislators and regulators have taken heed of the exponential growth and market capitalisation of cryptoassets and are swiftly bolstering existing, or developing new, legal and regulatory regimes. For further information, see Practice Notes: UK regulation of...

Promissory estoppel

Promissory estoppel For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content. Promissory estoppel—what is it? Where A has, by words or conduct, made to B a clear and unequivocal promise or assurance which relates to the legal relations between them and is intended to be acted on accordingly, then, once B has taken A at their word and acted on it, A cannot afterwards be allowed to revert to their previous legal relations as if no promise or assurance had been made by them. Promissory estoppel is also sometimes known as 'equitable forbearance' and is said to have developed from the doctrine of waiver, which occurs where one party (A) voluntarily agrees to a request by the other (B) not to perform in the manner fixed by the contract—see Practice Note: Estoppel—what, when and how to plead (section on waiver) which also considers the general role...

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Particulars of claim for defective hip replacement

Particulars of claim for defective hip replacement Claim No: [Insert] IN THE COUNTY COURT AT [insert location] Between [insert name]        Claimant and [insert name]        Defendant(s) __________________________________ PARTICULARS OF CLAIM ___________________________________ 1 The Defendant is a manufacturer of medical devices including prosthetic hip implants. 2 The Claimant was fitted with DEFG prosthetic total hip replacement implants (the Implants) to his [left side OR right side] on [insert date] at the [insert] Hospital. On [insert date] the Claimant underwent an x-ray, followed by blood tests which revealed elevated metal ions, and he was advised to undergo revision surgery, undertaken at [insert] on [insert date]. 3 The DEFG System comprised an acetabular implant, a femoral implant and a taper sleeve, each manufactured by the Defendant. The DEFG System was a metal on metal system meaning that all of the components and, in particular, the stem and acetabular cup were both made of metal components. 4 The Implants were designed, manufactured and supplied by the Defendant to another (for the purposes of...

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EU Competition law—daily round-up (31/01/2025)

A round-up of EU competition law developments, including the Commission’s announcement that it has launched a consultation on the Transfer Technology Block Exemption.

EU Competition law—daily round-up (30/10/2023)

A round-up of EU competition law developments, including (amongst other things) the latest EUMR developments.