Cryptocurrency, proprietary injunctions, freezing orders, and trusts: the law is not cryptic

Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on a recent cryptocurrency case, Wang v Darby [2021] EWHC 3054 (Comm), which applies established principles relating to trusts, proprietary injunctions and worldwide freezing orders to this new asset class.

Despite the meteoric rise of cryptocurrency as an asset class, there has to date been little case law concerning it. Wang v Darby confirms that familiar legal principles apply equally to cryptocurrencies, although digital assets can shine a light on established areas of law.

In our article we discuss the key issues arising from the application of established principles to novel circumstances and the way in which Wang v Darby represents a missed opportunity to address the more interesting points arising in existing case law concerning cryptocurrency.

The article can be found here: Cryptocurrency, proprietary injunctions, freezing orders, and trusts: the law is not cryptic. This article first appeared in the April 2022 edition of JIBFL.