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Andrew Spink KC and Justina Stewart appear in landmark cryptocurrency appeal

Andrew Spink KC and Justina Stewart appear in landmark cryptocurrency appeal

Andrew Spink KC and Justina Stewart appeared in the DIFC Court of Appeal on behalf of the appellant in Huobi MENA & Anor v. Tabarak Investment Capital Limited & Anor, in what promises to shape the landscape of digital assets disputes. The claim, worth multi millions of dollars, concerns alleged custody and escrow services provided by Tabarak, a DFSA-regulated investment bank, in relation to a bitcoin to US$ transaction and misappropriation. Following an eight day trial in late 2021 in the DIFC Court, Andrew and Justina’s clients obtained permission to appeal on all eight grounds of appeal. This includes appeals on points of law in relation to the claims for breach of confidence, breach of contract, negligence and breach of fiduciary…

News 2 Feb, 2024

Do bitcoin developers owe fiduciary duties to the true owners of a defrauded cryptoasset owner?

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…

Legal Blogs 23 Apr, 2023

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