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Jan 15, 2025 | 
mondaq.com | Alan Bercow |Charlotte Walker |Ross McLeod
"Stig of the Dump" was a popular 1963 children'snovel by Clive King, where a boy discovers (and befriends) acaveman living in an old chalk pit. InHowells v Newport,our modern-day protagonist did not befriend a caveman, but ratherfaced the more terrifying prospect of a local council operating alandfill site.
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Dec 5, 2024 | 
caymanfinance.ky | Alan Bercow |Charlotte Walker
The Law Commission of England and Wales’ Supplemental Report entitled “Digital Assets as Personal Property” and the resultant Property (Digital Assets etc) Bill (currently proceeding in the House of Lords) aims to introduce a significant ‘third category’ of personal property, capable of accommodating the complexities and unique nature of digital assets.
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Nov 26, 2024 | 
applebyglobal.com | Alan Bercow |David Lee |David Lewis-Hall |Susan Fallan
OffshoreAlert London provides attendees with the opportunity to meet 300+ senior stakeholders in high-value international finance from 20+ jurisdictions. Attendees will be kept up to date with emerging issues as well as attending cutting-edge sessions by leading speakers on evaluating opportunity, investigating entities, resolving disputes, obtaining funding, and recovering value.
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Oct 9, 2024 | 
lexology.com | Alan Bercow
There has been much debate in the English courts in recent years about the meaning of one of the tests that have to be satisfied for obtaining a freezing injunction, namely a “good arguable case“, with two different tests having been held to be applicable. That conundrum has now solved by the decision on 30 September 2024 of the Court of Appeal (for England and Wales) in Isabel dos Santos v Unitel SA [2024] EWCA Civ 1109. The Niedersachsen testWhat is a “good arguable case“?
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Oct 7, 2024 | 
mondaq.com | Alan Bercow |Charlotte Walker |Jae Ho Shin
In a recent judgment in D'Aloia v Persons
Unknown1the High Court of England and Wales
provided valuable insight into potential liability by
cryptoexchange providers in the context of crypto-fraud, addressing
the developing legal framework on the nature of crypto-assets as
property and the ability to trace or follow such assets.
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Oct 3, 2024 | 
lexology.com | Alan Bercow |Charlotte Walker |Jae Ho Shin
In a recent judgment in D’Aloia v Persons Unknown,[1] the High Court of England and Wales provided valuable insight into potential liability by cryptoexchange providers in the context of crypto-fraud, addressing the developing legal framework on the nature of crypto-assets as property and the ability to trace or follow such assets.
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Aug 22, 2024 | 
mondaq.com | Alan Bercow |Charlotte Walker |Susan Fallan
In an announcement to beneficiaries on 24 March
20241, the joint administrative receivers
(JARs) of Sigma Finance Corporation (the
Company), once thought to be "insolvency
proof"2, confirmed that they were commencing
steps to bring the long-running and contentious receivership to a
close. On 19 July 2024, the Grand Court of the Cayman Islands
ordered that the Company be wound up and joint official liquidators
appointed, to make final distributions and dissolve the
Company.
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Jul 24, 2024 | 
mondaq.com | Alan Bercow |Charlotte Walker |Ross McLeod |Will Porter
The UK Jurisdiction Taskforce (UKJT), a
division of LawtechUK1, plays a pivotal role in
clarifying legal principles related to emerging technologies. The
UKJT has published several legal statements to address the status
and legal implications of digital assets and smart contracts. Their
latest, the Legal Statement on Digital Assets and English
Insolvency Law (the Statement)2,
provides a comprehensive analysis of how digital assets are treated
under English3 insolvency law.
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Jun 7, 2024 | 
mondaq.com | Alan Bercow |Charlotte Walker
In its recent judgment in Cowan & Ors v Equis Special
L.P. & Ors the Grand Court of the Cayman Islands can be
seen, once again, to be demonstrating a firm commitment to a modern
approach to access to justice and efficient dispute resolution.
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Mar 13, 2024 | 
mondaq.com | Alan Bercow |Daniel Coelho
The Grand Court's decision in North Sound
Pharmaceuticals Inc. (in Official Liquidation) (FSD 110 of
2022) on 21 February 2024 provides a useful reminder of the
applicable process and principles in appealing a liquidator's
rejection of a creditor's proof of debt. This article considers
the proof of debt process generally; the approach on appeal; the
decision; and then provides brief comment.
