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NFTs as property: what next?

13 May 2022
Issue: 7978 / Categories: Features
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Non-fungible tokens have been confirmed as property by the High Court: Racheal Muldoon of 36 Commercial and counsel for the successful applicant hails the ruling & explores its implications for NFTs going forward
  • In March, the High Court recognised for the first time that non-fungible tokens (NFTs) constitute property and are therefore capable of being the subject of an injunction.
  • There are many implications of this landmark ruling, including that it empowers NFT holders to seek recourse from the courts where NFTs have been unlawfully removed, and suggests that NFTs are taxable and can be held on trust etc.

Non-fungible tokens (NFTs) are often ridiculed as valueless digital images of apes, capable of being downloaded by anyone at the click of a mouse. The unprecedented acceleration in the demand for NFTs in 2021, as captured in the recently published The Art Market 2022 Report by Art Basel and UBS, is equally disregarded as a short-lived ‘fad’. But what of these criticisms if NFTs constituted legal property?

On 10 March of this year, Pelling

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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