LEXLAW Solicitors & Barristers
In Tulip Trading Ltd v van der Laan & Ors [2023] EWCA Civ 83, the Court of Appeal held that software developers maintaining Bitcoin networks may arguably owe fiduciary duties to crypto owners, recognising a serious issue to be tried on whether developers’ control over blockchain code gives rise to duties of loyalty and care towards asset holders.
As crypto fraud escalates, traditional legal tools like Norwich Pharmacal Orders may not be sufficient to unmask anonymous perpetrators. This article explores the limitations of NPOs in the decentralised crypto world and outlines emerging legal remedies, including Bankers Trust Orders, proprietary injunctions, and the Law Commission’s proposed free-standing information orders.
We successfully represented a client in a significant cryptocurrency loan dispute. On 2 July 2024, the High Court handed down a judgment varying the valuation date for assessing damages in lieu of specific performance. Initially, the County Court had set the valuation date at the breach in 2019, which did not account for the significant increase in Ethereum’s value.
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