Fintech and Digital Assets

Outer Temple is one of the leading chambers in Fintech, particularly the law relating to blockchain and other distributed ledger technologies, crypto assets, smart contracts, and open banking. We have expertise in crypto fraud and asset recovery, FCA regulation of crypto assets, artificial intelligence, data protection and the developing law relating to crypto assets and smart contracts in English and International courts. Our disputes are often of cross-border nature.

Our barristers have developed specialisms in these areas over several years in the anticipation that these assets and contracts would play an important role in modern commercial transactions and legal systems. Members are involved not only in the practice of this area of law including advising and representing clients, legislators, and regulators (both nationally and internationally) but also in law reform and academic discussions

We understand the importance of collaboration with other specialists and asset tracers to ensure clients can receive a full service when they receive legal advice and representation from our barristers. We have an established partnership with the Oxford University Deep Tech Dispute Resolution Lab and have collaborated on numerous projects together.

Members of OTC have been involved in pivotal applications for injunctions in the context of crypto asset fraud and successful in obtaining by consent the discharge of the ex-parte freezing orders previously made against their clients and the dismissal of all claims against them. The team also leverages their significant insolvency and wider commercial chancery expertise in the field of crypto assets. We advise liquidators of a digital assets business and the valuation of cryptocurrency debts. We are also closely involved in law reform (both in England and Wales and abroad) concerning insolvency law and the law of security and financial collateral in the context of digital assets.

More widely, members are instructed to develop law reform project for an international governmental legislative authority to advise on how laws can be updated to facilitate legal certainty in relationships involving cryptocurrencies and smart contracts, as part of the governments major “Future of Finance” fintech and banking initiative. Members have also been seconded to assist the FCA to assist on regulatory projects associated with the anti-money laundering registration of cryptocurrency exchanges and the regulation of stable coins.

As a set we continue to be contributors to the crypto community. Our barristers have lectured widely on crypto assets and smart contracts, produced podcasts, and have contributed to Law Commission consultations on behalf of COMBAR and ChBa, as well as leading industry supporters including FSLA, TDN, CFAAR, Offshore alert, Thought Leaders, LIDW and C5.

Professional Associate, Mark Beer OBE, is an internationally renowned lawyer, speaker, and advisor on the future of legal systems, smart contracts, AI and digital assets. Members of our team also contribute to and sit on the steering committees of leading Fintech market groups such as the Tech Disputes Network.