Contentious

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  • notebook and pen yellow on blue

    In an important ruling, the High Court of England and Wales recognised that there was at least a realistically arguable case that non-fungible tokens (“NFTs”) were to be treated as legal property for the purposes of granting an injunction against persons unknown and a Bankers Trust Disclosure Order against Ozone ...

  • abstract ball split in two

    We now have the long-awaited decision of Mr Justice Hildyard in Autonomy & ors v Michael Richard Lynch & anr [2022] EWHC 1178 (Ch). The judgment is long and deals with a multitude of issues. This article is focussed on issues pertinent to s.90A/Sch 10A of the Financial Services and ...

  • contrary opinions

    In the matter of Tecnimont Arabia Limited (“Tecnimont”) v National Westminster Bank plc (“Bank”) [2022] EWHC 1172 (Comm), the High Court has held that the Bank was not unjustly enriched at the expense of Tecnimont. This is the latest in an ever-increasing body of caselaw which involves the victims of ...

  • yellow maze ball

    In a decision that will be welcomed by banks, the Privy Council has held that a bank’s Quincecare duty does not extend beyond being a duty owed to the bank’s customer. The Privy Council’s decision in Royal Bank of Scotland International Ltd (Respondent) v JP SPC 4 and another (Appellants) ...

  • balloon almost popping on nails

    In ION Science Ltd v Persons Unknown and others[1], the English Commercial Court added to a string of recent judgments which offer effective remedies for dealing with frauds and thefts related to cryptoassets. The judgment further reinforces that cryptoassets can be treated as “property” under English law and is a ...

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