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Cryptoasset fraud: An unknown quantity?

02 August 2024 / Dr Alvin Hoi-Chun Hung
Issue: 8082 / Categories: Features , Bitcoin
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How a recent ruling on newcomers may offer a tool to combat cryptoasset fraud—Alvin Hoi-Chun Hung explains
  • Examines Wolverhampton City Council v London Gypsies and Travellers, where the Supreme Court upheld the creation of a ‘newcomer injunction’ that binds anyone with notice, even if they had no intention or had made no threat to perform the prohibited act at the time.
  • Provides a practical examination of relevant case law and explores the legal implications of the newcomer injunction for victims of cryptoasset fraud.

For nearly 200 years, the courts have generally adhered to Lord Eldon’s dictum in Iveson v Harris (1802) 7 Ves 251, 32 ER 102, which affirmed the equitable principle that injunctions are orders in personam (against a person). In recent years, however, courts have shown an increasing tendency to diverge from this principle.

In Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47, [2024] 2 All ER 431, a landmark decision about unauthorised encampments, the Supreme Court made a significant move to revise

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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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