News & Events

Cryptoasset

Helen Pugh to speak at the Gibraltar Digital and Crypto Funds Conference on 'Litigation of crypto disputes: Exploring future prevalence and form of dispute resolution'.

Helen Pugh to speak at the Gibraltar Digital and Crypto Funds Conference on Thursday, 14th September in Gibraltar.

We are delighted to announce that Helen Pugh of Outer Temple Chambers will be speaking at Informa’s Gibraltar Digital & Crypto Funds Conference this Thursday. Helen Pugh of Outer Temple Chambers will be joining Elliott Phillips, Partner, and Kate Gee, Counsel, both of Signature Litigation, to discuss ‘Litigation of crypto disputes: Exploring future prevalence and form of dispute resolution’. The conference will focus on the landscape for regulation and dispute resolution of digital and crypto funds within Gibraltar and Europe. Speakers and attendees include leading digital asset managers, digital asset investment platforms, blockchain providers, regulators and legal specialists. The talk with Helen, Elliott and Kate will focus on: The expected prevalence of disputes and litigation following high profile corporate collapses;…

Events 11 Sep, 2023

Henry Reid instructed in Payward Inc & Ors v Maxim Chechetkin [2023] EWHC 1780 (Comm)

Henry Reid instructed in Payward Inc & Ors v Maxim Chechetkin [2023] EWHC 1780 (Comm)

Henry Reid in conjunction with Chloe Bell of 3 Verulam Buildings successfully resists the enforcement of an arbitral award in the English Commercial Court on grounds of public policy Henry Reid of Outer Temple Chambers acted in conjunction with Chloe Bell of 3 Verulam Buildings for Mr Maxim Chechetkin against US and UK entities associated with the prominent cryptocurrency exchange ‘Kraken’. The claim was brought under s.26 FSMA 2000 in respect of the sale of certain products in breach of the general prohibition created under FSMA 2000. Henry, together with Chloe, acted at all stages of the claim successfully opposing the Defendants’ challenge of the High Court’s jurisdiction [2022] EWHC 3057 (Ch) and other injunctive applications. Mr Chechetkin then opposed…

News 14 Jul, 2023

Justina Stewart to speak at the C5 Crypto and Digital Asset Fraud & Recovery Conference

Justina Stewart to speak at the C5 Crypto and Digital Asset Fraud & Recovery Conference

We look forward to Outer Temple’s Justina Stewart speaking at the C5 Crypto and Digital Asset Fraud & Recovery conference on Tuesday 13th June at the Hilton London Kensington. Justina’s talk is scheduled for 2:15pm. Justina, alongside Dan Wyatt (Reynolds, Porter Chamberlain LLP), Wern-Jhien Yam (Partner at Setia Law LLC) and Josh Kemp (Partner at ADG Legal), will be speaking on the hot topic of crypto exchange liability, taking a multi-jurisdictional look at potential causes of action against exchanges if their knowledge falls short of that required for fraud. Find out more Justina is ranked in the legal directories as a leading junior in numerous practice areas – cryptocurrency, insolvency, banking and finance, financial services regulation and commercial dispute resolution. …

News 7 Jun, 2023

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

The Law Commission’s ‘Digital Assets: Consultation Paper’ – Key Themes

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 Blogs 28 Sep, 2022

Misselling Cryptoassets; Terra USD and Luna

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 Blogs 28 Sep, 2022

Cryptocurrency

Cryptoasset Update – April 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…

News 8 Apr, 2022

Decrypting the Situs – Conflicts of Laws Challenges in Cryptoasset Litigation

Chloë Bell and Joshua Cainer consider cryptoasset litigation and the challenges that litigation with a foreign element present in their latest article entitled “Decrypting the Situs – Conflicts of Laws Challenges in Cryptoasset Litigation”. Litigation involving cryptoassets will frequently have a foreign element to it. Conflicts of laws rules will therefore be highly relevant to resolving such disputes. The article below focuses on, first, outlining what features of cryptoassets and distributed ledger technology (‘DLT’), the technology on which cryptoassets depend for their existence, give rise to difficulties in private international law. Secondly, it gives an overview of the key methodological questions which need to be resolved at the outset of an analysis of private international law issues. The third and…

Legal Blogs 25 Oct, 2020

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