Cryptoassets—Obtaining English Freezing and Proprietary Injunctions in relation to Civil Fraud

Robert Rhodes QC and Andrew Maguire have had an article published in the esteemed US-China Law Review titled “Cryptoassets—Obtaining English Freezing and Proprietary Injunctions in relation to Civil Fraud”.

The article follows the landmark judgment of Bryan J. in the High Court, in the recent case of AA v Persons Unknown [2019] EWHC 3556, where he ruled that cryptoassets are property under English law: cryptoassets being not things in possession nor things in action, but a third category of property which English law recognises. The article then proceeds to explore how worldwide injunctive relief may be granted by the English High Court in relation to Cryptoassets—either proprietary or freezing injunctions. The English courts’ primary objective is to provide overseas litigants with the requisite market assurance and a satisfactory degree of legal certainty as regards the reach and breadth of English common law in an area that is increasingly important to the successful development and use of cryptoassets and smart contracts in the global financial services industry and beyond.

The US-China Law Review can be purchased to read here. 

About the Authors

Robert Rhodes QC specialises in business crime, international mediation and international arbitration (both as counsel and mediator / arbitrator), financial services, regulatory and disciplinary law.

Andrew Maguire specialises particularly in cases involving commercial fraud. These include breach of restrictive covenants, confidential material and database theft, freezing injunctions and asset recovery, banking and financial services, insolvency and professional negligence claims (including claims arising out of construction disputes and sale and leasing of land and financial investments).

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External Publications 9 Jun, 2020