News & Events
News & Events
Outer Temple Chambers is pleased to be part of London International Disputes Week (LIDW23) for a week long event from 15-19 May 2023 which will explore how the disputes community is, and should be, adapting to a changing world. Members of chambers will be presenting at four talks. With its theme: Adapting to a Changing World, LIDW23 will follow up on last year’s theme “Global, Sustainable, Ethical” and will feature a combination of a varied technical programme combined with the usual variety of social and networking events to enable participants to share ideas, to make new contacts and connections and to renew old acquaintances. Outer Temple Chambers’ barristers will collaborate with other experts and speakers for four talks during the event…
FinTech & Digital Assets, Events, News, International 11 May, 2023
Outer Temple’s Anson Cheung comments on the case of Tulip Trading which was first heard in the High Court. This case generated much interest in being the first case to argue that bitcoin developers owed fiduciary duties to the true owners of a defrauded cryptoasset owner. That argument was quickly shot down in the High Court for having no prospects of success, but has now been resuscitated by the Court of Appeal. Background Following an alleged hacking and subsequent theft of keys controlling approximately £3b in cryptoassets, Tulip Trading Limited (Tulip) issued proceedings against certain crypto developers who it claimed controlled and ran 4 different bitcoin networks. Tulip claimed that the developers owed it a fiduciary duty and/or tortious duty…
FinTech & Digital Assets, Legal Blog & Publications, Commercial, News 23 Apr, 2023
Read Helen Pugh’s latest article in Butterworths Journal of International Banking and Financial Law on Crypto fraud and the bona fide purchaser for value defence. Helen Pugh was recently published in the January 2023 edition of JBIFL where she considered the fundamental issue of the application of the bona fide purchaser for value defences to crypto transactions tainted by fraud. The key issue for 2023/24 The courts of England and Wales have repeatedly recognised that at least some digital assets can be a type of property for the purposes of granting a claimant proprietary and freezing injunctions and for the purpose of the jurisdictional gateways. As these early claims proceed through the courts, the focus needs to turn to a defendant’s…
Banking, Legal Blog & Publications, Commercial 13 Feb, 2023
Helen Pugh will be chairing the upcoming Tech Disputes Network panel discussion event on 17th January 2023; “Open Source Software Developers: Good Samaritans or Baiters of Guinea Pigs?” The Tech Disputes Network (TDN) is an inclusive forum for professionals from the technology and legal industries interested in avoiding, managing and winning tech disputes. They offer members the opportunity to hear from leading domain experts and develop professional connections in a relaxed manner. The network is run by Sam Roberts of Cooke Young & Keidan and Helen Pugh of Outer Temple Chambers is a committee member. Outer Temple has a long history of supporting the network, including contributing to podcasts and speaking at events. We will be hosting their latest event,…
Events 16 Jan, 2023
Outer Temple’s Andrew Spink KC and Helen Pugh recently joined Henry Farris, Guy Wilkes, and Stephanie Melone at the cryptocurrency panel event, ‘Next Generation of Cryptocurrency Litigation – A Practical Insight’. Outer Temple Chambers and Mishcon de Reya recently held a Cryptocurrency event called ‘Next Generation of Cryptocurrency Litigation – A Practical Insight’ which took place on Wednesday 23rd November 2022 in London. Andrew Spink KC and Helen Pugh were part of the panel of experts who examined two cryptocurrency case studies and the challenges and legal issues that arise, now and which may arise in the future. The discussion on a range of topical issues included a consideration of the possible claims against exchanges who suspend withdrawals (such as…
Events 1 Dec, 2022
Justina Stewart and Joshua Cainer identify seven key themes to take away from the Law Commission’s recently published ‘Digital Assets: Consultation Paper’. The Law Commission’s ‘Digital Assets: Consultation Paper’ is a masterful discussion of many key issues relating to digital assets. It comprises over 500 pages of legal analysis along with 47 questions for which the Law Commission has opened a period of consultation ending on 4 November 2022. It is also ideally timed – whilst the Law Commission’s proposals are only provisional (pending consultation), interest in, and disputes concerning, digital assets show no signs of abating. As practitioners continue to see an ever-increasing fallout from the so-called “crypto winter”, alongside gathering momentum on crypto-related fraud, margin call and mis-selling claims, much of…
Legal Blog & Publications, Commercial 28 Sep, 2022
Outer Temple’s Helen Pugh has written a detailed article titled ‘Misselling Cryptoassets’, where she explores the collapse of Terra USD and Luna. Helen Pugh has written an article discussing the lawsuit against Binance for ‘mis-selling’ of Terra USD and Luna after their massive collapse. This collapse was one of the biggest crypto crashes of all time, losing nearly $40 billion. Within the article, Helen examines this further by exploring three categories of claims: Misstatement/ misrepresentation claimsProfessional negligence; andRegulatory claims Please read the full article here. Find out more Helen Pugh specialises in general commercial litigation, civil fraud, contentious insolvency and company law issues, and professional negligence. Her practice has a strong international element with an expertise in jurisdictional disputes and conflict of law issues, including as they arise…
Legal Blog & Publications, Commercial 28 Sep, 2022
Chloë Bell joined a panel of experts at the Crypto in Disputes 2022 conference at the Law Society. This was hosted by ThoughtLeaders4 FIRE. We were delighted to be the Event Partner Sponsor. Crypto in Disputes is a conference hosted by ThoughtLeaders4 FIRE where a range of expert speakers discuss all areas of disputes where Crypto is involved. Some of the topics discussed include: NFC DisputesInvesting in Crypto CompaniesADRInternational RegulationAsset RecoveryTrusts, Divorce & Private Client Chloë Bell joined, Dan Wyatt, Tim Penny QC, Charlotte Bhania and Matthew Bradley QC on the panel at this lunchtime talk. They covered “Settlements, Mediation & Negotiation: Unique Intricacies of Crypto”. Click here to find out more about the event. Find Out More Chloë Bell has…
Events, Commercial 30 Jun, 2022
Asset Reality, Grant Thornton UK LLP, Outer Temple Chambers, Rahman Ravelli and Sandton Capital collaborate to help victims of crypto-related fraud overcome access to justice hurdles. While crypto-related fraud reached an all-time high in 2021, with illicit addresses receiving US$14bn over the course of the year*, up 79% on the previous year, matters brought before courts remain comparatively low, in large part due to a lack of funding options for otherwise meritorious lower-value claims. Under the new collaboration, Asset Reality, Grant Thornton UK LLP, Outer Temple Chambers, Rahman Ravelli have established a triage system for the initial assessment of claims, with investigatory and corporate intelligence expertise then deployed to contextualise claims for legal assessment. Meritorious claims will be assessed and…
Commercial, News, Financial Services 27 Apr, 2022
Stephen Doherty and Chloë Bell recently joined the Chartered Institute of Arbitrators’ London Branch Committee for an interesting panel discussion on how to resolve cryptocurrency disputes. Watch the full discussion here. This event featured a group of expert panellists who debated the best way to resolve cryptocurrency disputes. Ben Giaretta, Chair of the London branch of the Chartered Institute of Arbitrators hosted the evening, opening and closing the event. Chloë Bell (Outer Temple Chambers) and Charlotte Hill (Penningtons Manches Cooper LLP) discussed the benefits of litigation, whilst Stephen Doherty (Outer Temple Chambers) and Jaak Poldma (White & Case) discussed the benefits of arbitration. The branch was honoured to have Lord Mance, former Deputy President of the Supreme Court of the United…
Events, Commercial 20 Apr, 2022
There have been a number of recent cases concerning cryptoassets, many of which will have an impact on the legal landscape going forward. Chloë Bell provides an update on cases and developments. The attached article, Cryptoassets Update, provides an update on cryptoasset cases and industry developments in recent months. It also includes an update on member activity in this specialist area of law. Case Updates In this article, the following cases are summarised: Wang v Darby [2021] EWHC 3054 (Comm) 17 November 2021Sally Jayne Danisz v Persons Unknown and others [2022] EWHC 280 (QB) 5 January 2022Mr Dollar Bill v Maxim Vasilvsky, Huobi and others (unreported) 14 January 2022Tulip Trading Limited v Bitcoin Association for BSV and Others [2022] EWHC…
Commercial, Legal Blog & Publications, Commercial, News 8 Apr, 2022
Andrew Spink QC, Helen Pugh and Chloë Bell have been successful in major bitcoin fraud case Ellis v Digit Europe Ltd. In Ellis v Digit Europe Limited the claimant alleged he had been the victim of a multi-million pound, complex fraud perpetrated by a web of persons unknown and sham companies purporting to offer bitcoin investment and management services. In December and January the claimant obtained worldwide freezing orders against alleged recipients of bitcoin identified following a tracing exercise on the blockchain which led to deposit addresses on the Kraken exchange.A fully contested return date due to be heard on Thursday 3 March by Mr Justice Jacobs raised wide ranging issues including a challenge to the now familiar view that…
Commercial, News 9 Mar, 2022
