Kate Gee is Counsel at Signature Litigation LLP, specialising in crypto disputes, civil fraud, and asset tracing.
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The recent, and highly-publicised, volatility of the crypto markets has been accompanied by an increased level of fraudulent activity in the crypto space. Victims too often have little recourse to recover digital assets that have been stolen from them – for various reasons. One of those reasons is the anonymity of the owner of the wallet where the assets are now held – and so an intended claimant will need to bring an action against unknown individuals, or “persons unknown”.
In June this year, Mr Justice Trowers delivered a landmark judgment in the English High Court that permitted service of proceedings on persons unknown via non-fungible tokens (NFTs). He also found that there is a good arguable case against the defendant cryptoasset exchanges for liability as constructive trustee, which finding brings with it wide potential implications for this and future...
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